These networks have been implemented with an external subsystem, developed by the operator together with FS in order to manage some special features as requested by FS, related for example to:

The solution for radio train-to-ground communication working today at FS is primarily based on the use of services supplied by the public operator on the analogue (ETACS) and the digital (GSM) mobile cellular networks in the 900 MHz band.

Examples of this could be the restrictions imposed by the TOs on private network operators as to the qualifications of the users, the nature of the messages to be exchanged over the network or the use of international private leased circuits.

Given the competition context in the telecommunications sector, the telecommunications operators should be allowed, and encouraged, to establish the necessary cooperation mechanisms, in order to create - or ensure - Community-wide full interconnectivity between public networks, and where required between services to enable European users to benefit from a wider range of better and cheaper telecommunications services.

Each operator referred to in point 4.2 uses a single postal network to compete in a variety of markets.

It is likewise important that universal service operators maintain the integrity of the network as well as service continuity and quality.

In most of the Member States, the operators referred to in point 4.2 provide access at various access points of their postal networks to intermediaries.

Since in most Member States the operator referred to in point 4.2 is, by virtue of the exclusive rights granted to him, the only operator controlling a public postal network covering the whole territory of the Member State, such an operator has a dominant position within the meaning of Article 86 of the Treaty on the national market for the distribution of items of correspondence.

All end-users should continue to enjoy access to operator assistance services whatever organisation provides access to the public telephone network.

This may in particular concern mail from one State which has been conveyed by commercial companies to another State to be introduced in the public postal network via a postal operator of that other State.

This results from the fact that operators rolled out their old copper local access networks over significant periods of time protected by exclusive rights and were able to fund its investment costs through monopoly rents.

The "local loop" refers to the physical copper line circuit in the local access network connecting the customer's premises to the operator's local switch, concentrator or equivalent facility.

Where a single operator provides both networks or both services as referred to in the first paragraph, the Commission shall, before 1 January 1998, carry out an overall assessment of the impact of such joint provision in relation to the aims of this Directive.

Moreover, all postal operators allow some kind of downstream access to their postal network, for instance by allowing or even demanding (sorted) mail to be deposited at an expediting or sorting centre.

The monitoring of the performance of the public- service tasks of the operators referred to in point 4.2 and of open access to the public postal network and, where applicable, the grant of licences or the control of declarations as well as the observance by economic operators of the special or exclusive rights of operators referred to in point 4.2 should be ensured by a body or bodies independent of the latter fn.

To increase service reliability, leased line, PSTN, Integrated Services Digital Network (ISDN) cables must follow physically different paths and linked to different telecommunication operator switches (this must be specified to the telecommunication operator).

The Directive 98/10/EC requires Member States to ensure that all reasonable requests for connection to the fixed public telephone network at a fixed location and access to fixed public telephone services are met by at least one operator.

This Directive therefore ensures that the functionality of the open interface for digital television sets is not limited by network operators, service providers or equipment manufacturers and continues to evolve in line with technological developments.

Price and service discrimination between or within classes of customers can easily be practised by operators running a universal postal network, given the significant overheads which cannot be fully and precisely assigned to any one service in particular.

On the other hand, given the restrictions on the number of services which they may offer, cable TV operators often postpone investments in their networks and in particular the introduction of optical-fibre which could be profitable if they were to be spread over a larger number of services provided.

In accordance with Article 4(2) of Directive 97/33/EC and Article 16 of Directive 98/10/EC, notified operators shall deal with reasonable requests for network access from new entrants, in particular for shared access fn to the copper line, and should seek to agree commercial and technical conditions.

It should in particular be ensured that intermediaries, including operators from other Member States, can choose from amongst available access points to the public postal network and obtain access within a reasonable period at price conditions based on costs, that take into account the actual services required.

ensure that interconnection of cable TV networks with the public telecommunications network is authorized for such purpose, in particular interconnection with leased lines, and that the restrictions on the direct interconnection of cable TV networks by cable TV operators are abolished.`

This 'non-discrimination' pricing rule would also apply to the access by new entrants of associated facilities such as collocation and leased transmission capacity in the core network as used by the notified operator to support its own DSL services or those of a subsidiary or associated company.

For the Community, these would include all research and technological development and demonstration activities covered by Articles 130G(a)( fn ) and 130G(d)( fn ) of the Treaty establishing the European Community, the latter only as far as networks between infrastructure operators and related research projects are concerned.

Where an operator has an exclusive right to provide cable television network infrastructure in a given area Member States shall also ensure that the operator concerned keeps separate financial accounts regarding its activity as network capacity provider for telecommunications purposes as soon as it achieves a turnover of more than ECU 50 million in the market for telecommunications services other than the distribution of radio and broadcasting services in the relevant geographic area.

When abolishing restrictions on the use of cable TV networks, Member States shall take the necessary measures to ensure accounting transparency and to prevent discriminatory behaviour, where an operator having an exclusive right to provide public telecommunications network infrastructure also provides cable TV network infrastructure;

Where one of the Parties considers that apparatus declared to comply with its legislation causes serious damage to a network or radioelectric interference, or degradation of a network or its operation, and that Party has authorised the operator to refuse connection of the apparatus, disconnect it or withdraw it from service, it shall inform the other Party of this authorisation.

If the operator referred to in point 4.2 fails to provide satisfactorily all of the elements of the universal service required by the Postal Directive (such as the possibility of every citizen in the Member State concerned, and in particular those living in remote areas, to have access to newspapers, magazines and books), even with the benefit of a universal postal network and of special or exclusive rights, the Member State concerned must take action fn.

In the context of the promotion of an advanced, harmonised and competitive electronic communications market that provides a wide choice for users for a full range of communications services, including broadband multimedia and high-speed Internet services, this recommendation concerns conditions for the provision to new entrants of unbundled access to the local loop and associated facilities, by public fixed network operators designated by the national regulatory authority as having significant market power (hereinafter referred to as "notified operators") in accordance with Directive 97/33/EC, Directive 92/44/EEC, and, Directive 98/10/EC.

The Commission considers that the most appropriate way of fulfilling that obligation would be for Member States to require operators referred to in point 4.2 to keep separate financial records, identifying separately, inter alia, costs and revenues associated with the provision of the services supplied under their exclusive rights and those provided under competitive conditions, and making it possible to assess fully the conditions applied at the various access points of the public postal network.

As noted in the Commission fifth report on the implementation of the telecommunications regulatory package fn, the local access network remains one of the least competitive segments of the liberalised telecommunications market, because new entrants do not have wide-spread alternative network infrastructures and are unable with traditional technologies to match the economies of scale and scope of operators notified as having significant market power in the fixed network (hereinafter referred to as "notified operators").

Given that the revenue effects of such opening up may vary according to the situation in the different Member States, certain Member States may, if particular circumstances make it necessary, and without prejudice to point 8.3, maintain certain existing restrictions on the clearance, sorting and transport of postal items by intermediaries fn, so as to allow for the necessary restructuring of the operator referred to in point 4.2 However, such restrictions should in principle be applied only to postal items covered by the existing monopolies, should not limit what is already accepted in the Member State concerned, and should be compatible with the principle of non- discriminatory access to the postal network as set out in point 8(b)(vii).

'The effects of liberalization of satellite infrastructure on the corporate and closed user group market`, Analysis, 1994 and 'L'impact de l'autorisation de la fourniture de services de télécommunications libéralisés par les câblo-opérateurs` by Idate, 1994. The basic findings of those studies emphasize the potential role for, amongst other things, cable TV networks, in meeting the concerns raised about the relatively slow pace of innovation and delayed development of liberalized services in the European Community.

Where the vertically integrated dominant network operator obliges the party requesting access to purchase one or more services (73) without adequate justification, this may exclude rivals of the dominant access provider from offering those elements of the package independently.

sufficient capacity must be available in the incumbent's network to provide access,

Access to this network will almost always be in the hands of a dominant TO.

The local loop remains connected to, and part of, the notified switched network.

The incumbents' local loop networks have been developed nationwide in each of the Member States.

Furthermore, interconnection agreements between network operators may under certain circumstances be an instrument of market sharing between the network operator providing access and the network operator seeking access, instead of the emergence of network competition between them.

In appropriate circumstances, a price squeeze could also be demonstrated by showing that the margin between the price charged to competitors on the downstream market (including the dominant company's own downstream operations, if any) for access and the price which the network operator charges in the downstream market is insufficient to allow a reasonably efficient service provider in the downstream market to obtain a normal profit (unless the dominant company can show that its downstream operation is exceptionally efficient) (84).

In order to provide particular services to consumers, access to the local loop of either the TO or the cable television operator is necessary.

The operator shall be selected and the overall techical specifications of the network determined in accordance with the procedure laid down in Article 13 of this Decision.

Network configuration by a dominant network operator which makes access objectively more difficult for service providers (71) could constitute an abuse unless it were objectively justifiable.

Such alternative infrastructure does not at present offer the same dense geographic coverage as that of the incumbent TO's network;

Where a notified operator is not already providing itself with such access, it must at least deal(14) with reasonable requests for special network access.

this means that as soon as access is given to this part of the incumbents' network a new access market develops which is also a relevant market to take into consideration.

It is highly improbable that all those alternative networks put together will in a reasonable time period be able to match the incumbents' nationwide network of copper pairs and address the same entire customer population.

Under the Act, network operators have the right to specify conditions under which telecommunications terminal equipment may be connected to their network.

There is, in this context, a general duty on the network operator to treat independent customers in the same way as its own subsidiary or downstream service arm.