UNIVERSAL SERVICES.

The MCA has the power to issue directives designating the universal service obligations and requiring any one or more authorised providers to provide such services, or any one or more of them, in accordance with such terms and conditions as may be specified, including terms and conditions under which any one or more of such services are to be provided at no profit or at a reasonable loss to the designated provider. The MCA is further empowered to issue directives so as to make provisions for a funding mechanism if this is deemed necessary and appropriate. This may be done to ensure that, where the additional cost for the provision of a universal service by any one or more designated providers is higher than the additional revenue derived from such service by the provider or providers, the burdens resulting from the obligations are shared fairly by all authorised providers specified as contributors.

The Telecommunications Services (General) Regulations provide that the MCA may designate an operator with a dominant market position to be the provider of universal services as defined by the MCA. The Regulations oblige operators designated as universal service providers to supply the basic services described below to any person including users in high cost areas or vulnerable groups such as the elderly, the disabled or people with special social needs. This is to be provided on the usual terms and conditions, within a reasonable period of time and at an affordable charge (if any) as authorised by the MCA.

The Telecommunications Services (General) Regulations define the basic set of services that a designated fixed network operator is obliged to provide to include as a minimum the provision of:
i. voice telephony via a fixed connection which will also allow fax and a modem to operate;
ii. operator assistance;
iii. emergency services;
iv. directory enquiry services (including subscriber directories); and
v. public payphones.

On the other hand, a mobile operator designated with a universal service obligation is required to provide handsets that can be used by people with hearing difficulties.

In addition, the Regulations set out the special services that have to be provided under a universal service obligation as:
- services for people with visual impairment; and
- services for people who are deaf or hard of hearing;

The Regulations also authorise the MCA to define other universal services, as it deems appropriate.