(2) Upon assessment of the costs related to the performance of the universal service obligation, the Consumer Protection and Technical Regulatory Authority shall verify whether the costs related to the performance of the universal service obligation by the communications undertaking with the universal service obligation are justified. [RT I 2007, 66, 408 – entry into force 01.01.2008] (3) If, as a result of the assessment provided for in subsection 2 of this section, the Consumer Protection and Technical Regulatory Authority finds that performance of the universal service obligation is unreasonably burdensome for the communications undertaking with the universal service obligation, taking account of the revenue and any market benefit arising from the performance of the specified obligation for the communications undertaking, the Consumer Protection and Technical Regulatory Authority shall decide on compensating for the costs related to the universal service obligation to the extent provided for in subsection 4 of this section. [RT I 2007, 66, 408 – entry into force 01.01.2008] (4) The costs specified in subsection 3 of this section shall be compensated for communications undertakings with the universal service obligation only to the extent to which the charge specified in § 74 of this Act to be paid by end-users does not enable covering of the costs related to performance of the universal service obligation and ensuring reasonable profit. (5) The procedure for the assessment of and compensation for the costs specified in subsections 2–4 of this section shall be established by the minister in charge of the policy sector. § 76. Specifications for designation of provider of universal service (1) The conditions of the competition or the source documents of the public procurement specified in subsection 1 of § 73 of this Act must include the obligation of the tenderer to submit at least the following information: [RT I, 01.07.2017, 1 – entry into force 01.09.2017] 1) the incremental costs of and revenue involved in the provision of universal service; 2) the costs specified in clause 1 of subsection 1 of this section, ordinary business expenses incurred without the universal service obligation and charges for establishment and preservation of a connection with the communications network for end-users and charges for the services specified in clauses 2 and 3 of § 69 of this Act which are planned on the basis of the expenses made so far; [RT I, 23.03.2011, 1 – entry into force 25.05.2011] 3) the combined tariff schemes for the connection of end-users to the communications network and for services provided over the network and possibilities for advance payments and payment in instalments; [RT I, 23.03.2011, 1 – entry into force 25.05.2011] 4) information on increase of the number of subscribers of the communications undertaking and the satisfaction of subscribers during the year preceding the tender. (2) Upon determining the costs specified in clause 1 of subsection 1 of this section: 1) only the costs necessary for performance of the universal service obligation shall be taken into account; 2) the costs which the communications undertaking would incur also without the universal service obligation (ordinary business expenses), and costs which have been incurred before the beginning of the calendar year of submission of the tender shall not be taken into account. § 77. Entry into subscription contract with end-user The provisions of Chapter 9 of this Act apply to a subscription contract between an end-user and a communications undertaking with the universal service obligation. § 78. Publication of information concerning universal services (1) A communications undertaking with the universal service obligation shall make available to the public at least the following information concerning the provision of universal services: [RT I, 10.05.2014, 1 – entry into force 20.05.2014] 1) the supply time for initial connection; 2) the fault rate per access line; 3) the fault repair time; 4) the response times for operator services; 5) the response times for directory enquiry services; 6) the proportion of public pay-phones in working order; 7) the number of bill correctness complaints. (2) Information which is made available to the public must be submitted to the Consumer Protection and Technical Regulatory Authority. The correctness and comparability of information submitted to the Consumer Protection and Technical Regulatory Authority may be verified on the order of the Consumer Protection and Technical Regulatory Authority by a qualified independent person at the expense of the communications undertaking with the universal service obligation if the communications undertaking does not agree with the results of the verification of information conducted by the Consumer Protection and Technical Regulatory Authority. [RT I 2007, 66, 408 – entry into force 01.01.2008] Page 46 / 89 Electronic Communications Act

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