(2) If the public competition or public procurement provided for in subsection 1 of this section fails, the Consumer Protection and Technical Regulatory Authority shall make a decision whereby the universal service obligation is imposed on the provider of universal services who had the universal service obligation at the time of organising the public competition or public procurement specified in subsection 1 of this section under the conditions effective at the time of organising the public competition or public procurement until the contract specified in subsection 3 of § 72 of this Act is entered into. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (3) A public competition or public procurement provided for in subsection 1 of this section shall be organised by the Ministry of Economic Affairs and Communications or the Consumer Protection and Technical Regulatory Authority on the authorisation of the minister in charge of the policy sector. [RT I 2007, 66, 408 – entry into force 01.01.2008] (4) Upon designation of a communications undertaking with the universal service obligation pursuant to the procedure provided for in subsections 1 and 2 of this section, the need to ensure provision of the universal services in a cost-effective manner which does not prejudice competition, at an affordable price and, in shortterm and long-term perspective, in accordance with the objectives provided for in § 134 of this Act shall be taken into account. (5) A provider of the services provided for in clauses 1–3 of § 69 of this Act may be designated separately: 1) for each specified service within the territory specified by the person who organises the competition provided for in subsection 1 of this section or a public procurement or 2) for each specified service within the territory provided for in subsection 2 of this section where the communications undertaking is in control of essential facilities within the meaning of the Competition Act. [RT I, 05.07.2013, 1 – entry into force 15.07.2013] (6) The bases for determining the territories provided for in clauses 1 and 3 of subsection 5 of this section shall be established by the minister in charge of the policy sector. (7) A provider of the service provided for in clause 2 of § 69 of this Act shall be designated only if the specified service is not reasonably available for the end-users at an affordable price, taking account of the residences or seats of end-users, the number of public pay-phones and availability of the service for people with special social needs. (8) A provider of the service provided for in clause 3 of § 69 of this Act shall be designated only if the specified service is not reasonably available for the end-users at an affordable price. (9) If the provider of universal services designated pursuant to subsection 1 or 2 of this section intends to transfer its entire access network or a part thereof to a separate legal person, it must give a prior notice thereof to the Consumer Protection and Technical Regulatory Authority, which shall assess the impact of the intended transaction on the provision of access in the determined territory and on the provision of telephone services in accordance with the provisions of § 70 of this Act and, if necessary, establish, amend or revoke the corresponding special obligations. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (10) The Consumer Protection and Technical Regulatory Authority is required to notify the European Commission of an undertaking with the universal service obligation and of the obligations imposed thereon. The Consumer Protection and Technical Regulatory Authority shall publish the specified information on its website. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 74. Charge payable for universal service by end-user (1) The conditions of the competition or the source documents of the public procurement specified in subsection 1 of § 73 of this Act must set out the affordable charge to be paid for the services provided for in clauses 1 and 3 of § 69 of this Act by end-users to the provider of universal service. [RT I, 01.07.2017, 1 – entry into force 01.09.2017] (2) The affordable charge specified in subsection 1 of this section shall be determined by the minister in charge of the policy sector on the proposal of the Consumer Protection and Technical Regulatory Authority uniformly throughout the territory of the state for both of the services specified in clauses 1 and 3 of § 69 of this Act. [RT I 2007, 66, 408 – entry into force 01.01.2008] § 75. Costs related to performance of universal service obligation (1) A communications undertaking with the universal service obligation may submit an application to the Consumer Protection and Technical Regulatory Authority for compensation for the unreasonably burdensome costs related to the performance of the universal service obligation. [RT I 2007, 66, 408 – entry into force 01.01.2008] Electronic Communications Act Page 45 / 89