Il complesso equilibrio tra la libera concorrenza, gli oneri per le licenze individuali e le esigenze del servizio universale

A universal public service is a flexible notion of nature linked to the changing needs of users as well as technological development. The main purpose of a universal service is to provide consumers the benefit of those services delegated to meet those needs which are socially indispensable. The installation, supply, operation of telecommunications networks and related services to the public are provided in conditions of free competition and subject to the issue of general authorizations or individual licenses. Directive 97/13/EC lays down the criteria to be followed by Member States in the issuance of individual licenses and the imposition of taxes and contributions, and in particular Article. 11, No 1, prohibits the imposition to holders of individual licenses and other cash benefits in addition to those allowed by EU legislation within the sector. The Court, confirming a recent case, states that telecom companies are not required to make contributions, other than those set by EU Directives, that restrict competition. In order to maintain a regime of free competition in the market, the only legitimate charges, therefore, due are solely those which cover administrative costs associated with the issuance, management, control and enforcement of licenses, while fees and charges not covered by Community legislature that hinder the free provision of telecommunications services are absolutely impermissible and undermine the effective delivery as well as the nature and purpose of a universal service tout court.