17 Amendments of Astrid LULLING related to 2007/0247(COD)
Amendment 81 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective, as defined in national legislation, in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 82 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 85 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9a
Article 9a
Amendment 86 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1
Article 9b – paragraph 1
1. Where appropriate, Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of the national regulatory authority. In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakingin accordance with national procedures.
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c
Article 9c
In order to contribute to the development of the internal market, for the achievement of the principles of this Article, the Commission may adopt appropriate implementing measures to: (a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings; (b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfer, excluding frequencies planned by Member States for leases; (c) harmonise the specific measures to ensure fair competition where individual rights are transferredbroadcasting services; (db) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to the principle of service or technology neutrality in accordance with paragraphs Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism. These measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC] including provision of broadcasting services.
Amendment 94 #
Proposal for a directive – amending act
Article 1 – point 11 – point -a (new)
Article 1 – point 11 – point -a (new)
Directive 2002/21/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 95 #
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2002/21/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. National regulatory authorities shall ensure that numbering plans and procedures are applied in a manner that gives equal treatment to all providers of publicly available electronic communications servicesand users of numbers across the European. In particular, Member States shall ensure that an undertaking assigned a range of numbers does not discriminate against other providers of electronic communications serviceand users as regards the number sequences used to give access to their services.
Amendment 96 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall support the harmonisation in numbering within the Community where that promotes the functioning of the internal market orand availability of numbering resources within the Community where that is necessary to supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures. The measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4), in accordance with the procedure referred to in Article 22(3), take the appropriate technical implementing measures on this matter.
Amendment 119 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 124 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – point d
Article 6a – paragraph 1 – point d
Amendment 127 #
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive), Member States shallmay bring general authorisations and rights of use already in existence on 31 December 2009the date of entry into force of this Directive into conformity with Articles 5, 6, 7, and Annex I of this Directive by [31 December 2010]within two years from the date of entry into force of this Directive at the latest.
Amendment 128 #
Proposal for a directive – amending act
Annex II
Annex II
Amendment 504 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an public or private undertaking providing electronic communications networks has the right under national legislation to install basic facilities capable of carrying electronic communications networks on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities, taking due account of the principle of proportionality, shall be able to impose the sharing of such basic facilities or property, including entries to buildings, masts, antennae, ducts, and manholes and street cabinets.
Amendment 514 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. To ensure that measures taken in accordance with paragraph 1 are proportionate, national regulatory authorities shall investigate the availability of all ducts, including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
Amendment 671 #
Proposal for a directive – amending act
Article 2 – point 8 b (new)
Article 2 – point 8 b (new)
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(8b) In Article 13, paragraph 1 is replaced by the following: "1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. National regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved and the necessity that the risk of investment be equally shared between market players."
Amendment 682 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a