The aim of universal service is to provide every inhabitant, regardless of their geographical location and social status, with the means to access basic telecommunications services and, more specifically, Internet access services at affordable prices. This is a major priority for the public authorities. This concern stems from the fact that telecommunications services have a macroeconomic impact and are a decisive means of accelerating and fostering economic and social development. From this perspective, the Universal Telecommunications Service (“SUT”) is a lever for public policy and regional planning, making it possible to ensure social cohesion by reducing disparities between population groups. This intervention by the public authorities is necessary because market forces alone are unable to ensure access at reasonable prices for citizens living in remote areas that are not sufficiently profitable to arouse the economic interest of operators in serving them.

In accordance with the provisions of the Executive decree No. 18-246 of 9 October 2018 determining the content and quality of the universal postal service and the universal electronic communications service, the tariffs applied to them and their method of financing, operators holding licences or authorisations are subject to an annual contribution, which has been set at 3%, calculated respectively on the basis of the turnover generated annually by the operators or on the gross annual accounting result for authorisation holders of their overall turnover. The universal postal and telecommunications service benefits from State funding where necessary, the amounts of which are set by the Finance Act.

Evolution of the universal service through regulatory texts

The universal postal and telecommunications service was established in:

1. Law 2000-03 of 5 August 2000 as a fundamental principle structuring the opening up of the postal and telecommunications markets to competition.
2. Executive decree No. 03-232 of 23 Rabi’ al-Thani 1424 corresponding to 24 June 2003, amended and supplemented, determining the content of the universal postal and telecommunications service, the tariffs applied to it and its method of financing in its Art. 3. The objectives of the universal telecommunications service must contribute to:
   1. guaranteeing access to the telephone network;
   2. ensuring the continuity of telephone service provision;
   3. connection to public networks to ensure continuity of service;
   4. reasonable pricing;
   5. a specified technical and commercial quality of service.
3. Executive decree No. 17-106 of 6 Jumada al-Thani 1438 corresponding to 5 March 2017 determining the content of the universal postal and telecommunications service, the tariffs applied to it and its method of financing. In Article 4, it increases the minimum speed from 512 Kb to 1 Mbit/second, as well as the connection of public education establishments and specialised public education establishments for disabled people to the Internet at a minimum speed of 1 Mbit
4. Law No. 18-04 of 24 Sha’ban 1439 corresponding to 10 May 2018 laying down the general rules on post and electronic communications, it was decided to establish a multisectoral commission, whose primary mission will be the development and management of the universal service, and which will be chaired by the minister of the sector. As a result, the Regulatory Authority will only be responsible for paying the expenses arising from the universal service: “Art. 8: A universal postal service and universal electronic communications service support fund will be set up, to be managed by a multisectoral commission chaired by the Minister responsible for postal services and electronic communications or his representative.
5. Executive decree No. 18-246 of 29 Muharram 1440 corresponding to 9 October 2018. Art. 5: The universal electronic communications service must contribute to:
   1. routing emergency calls;
   2. providing a telephone service;
   3. ensuring access to electronic communications services, in particular fixed and mobile telephony and Internet, in areas not covered, at a minimum speed of two (2) Mbits/second;
   4. the interconnection of public education establishments and specialised public education establishments for people with special needs by private networks;
   5. special measures ensuring that end users with special needs, within public establishments, have access equivalent to that enjoyed by other end users;
   6. the interconnection of public health establishments by private networks;
   7. the establishment of basic infrastructure enabling the consolidation, security and sustainability of electronic communications for the whole of the national territory;
   8. the availability of the material resources needed to deploy telecommunications ORSEC plans.
6. Executive decree No. 18-247 of 29 Muharram 1440 corresponding to 9 October 2018 setting the terms and conditions for managing the universal postal service and universal electronic communications service support fund.
   1. In addition to listing in its Art. 2 the role and attributions of the “commission”, it assigns a role to the Regulatory Authority for a posteriori controls in its Art. 20.
   2. Art. 20. “The relevant departments of the Ministry responsible for the Post Office and Electronic Communications and of the Regulatory Authority of Post and Electronic Communications, within the limits of their competence, will carry out a posteriori checks on operators’ compliance with the clauses of the specifications relating to the provision of the universal service.