34It is clear, first, from Article 2 of Commission Directive 94/46/EC of 13 October 1994 amending Directive 88/301/EEC and Directive 90/388/EEC in particular with regard to satellite communications (OJ 1994 L 268, p. 15) — which amends the definitions set out in Article 1(1) of the ‘services’ directive and is repeated verbatim in Article 2(1) and (2) of the ‘open networks’ directive — second, from the factual context in which the ‘services’, ‘open networks’ and ‘leased lines’ directives were adopted and, third, from their intended objectives, that the exclusive or special rights in question must generally be taken to be rights which are granted by the authorities of a Member State to an undertaking or a limited number of undertakings otherwise than according to objective, proportional and nondiscriminatory criteria, and which substantially affect the ability of other undertakings to provide or operate telecommunications networks or to provide telecommunications services in the same geographical area under substantially equivalent conditions.
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