Traduction de «débit spécifique » (Français → Anglais) :

The regulation of virtual broadband access products (a type of wholesale access to broadband network that consists of a virtual access link to any fixed or wireless network architecture, excluding physical unbundling of the local loop, together with a transmission service to a defined sets of points of handover together with specific network elements and functionalities and ancillary IT systems) appears to be premature.

(11) "virtual broadband access" means a type of wholesale access to broadband networks that consists of a virtual access link to the customer premises over any access network architecture, excluding physical unbundling, together with a transmission service to a defined set of points of handover, and including specific network elements, specific network functionalities and ancillary IT systems;

Regional investment aid to broadband networks may be considered compatible with the internal market if, in addition to the general conditions laid down in these guidelines, it complies also with the following specific conditions: (i) aid is granted only to areas where there is no network of the same category (either basic broadband or NGA) and where none is likely to be developed in the near future; (ii) the subsidised network operator offers active and passive wholesale access under fair and non-discriminatory conditions with the possibility of effective and full unbundling; (iii) aid should be allocated on the basis of a competitive ...[+++]selection process in accordance with paragraph 78(c) and (d) of the Broadband guidelines (15).

For this reason, it is not appropriate to mandate a specific data or bit rate at Community level.

Moreover, according to the case-law, although Member States have wide discretion to define what they regard as services of general economic interest, the definition of such services or tasks by a Member State can be questioned by the Commission in the event of a manifest error . In other words, although the determination of the nature and scope of an SGEI mission falls within the competence and discretionary powers of Member States, such competence is neither unlimited nor can it be exercised arbitrarily . In particular, for an activity to be considered as an SGEI, it should exhibit special characteristics as compared with ordinary economic activities . In this respect, the Commission will consider that in areas where private investors have ...[+++] already invested in a broadband network infrastructure (or are in the process of expanding further their network infrastructure) and are already providing competitive broadband services with an adequate broadband coverage, setting up a parallel competitive and publicly-funded broadband infrastructure should not be considered as an SGEI within the meaning of Article 86 of the Treaty . Where however it can be demonstrated that private investors may not be in a position to provide in the near future adequate broadband coverage to all citizens or users leaving thus a significant part of the population unconnected, a public service compensation may be granted to an undertaking entrusted with the operation of an SGEI provided that the conditions set out in paragraphs 25 to 29 are met.

For this reason it is not appropriate to mandate a specific data or bit rate at Community level.