a public telecommunications infrastructure which provides for the transmission of services between and including defined termination points, be it by wire, radio link, or any other electromagnetic or optical means
Where telecommunications organizations in such Member States do not or no longer enjoy exclusive or special rights, within the meaning of points (b) and (c) of the first paragraph of Article 2, for the establishment and the provision of the public network infrastructure, they shall not a priori be excluded from such licensing procedures.`
