131 Amendments of Dan NICA related to 2016/0288(COD)
Amendment 154 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship that citizens have universal access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and related business models.
Amendment 167 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling buildingpremises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 189 #
Proposal for a directive
Recital 41
Recital 41
(41) The notification to BEREC should entail a mere declaration of the provider's intention to commence the provision of electronic communications networks and services. A provider may only be required to accompany such declaration by the information set out in Article 12 of this Directive. It should be designed to facilitate a consistent implementation of this Directive as well as to provide the most relevant market knowledge to BEREC and national regulatory authorities. Member States should not impose additional or separate notification requirements.
Amendment 198 #
Proposal for a directive
Recital 60
Recital 60
(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 205 #
Proposal for a directive
Recital 61
Recital 61
(61) IBridging digital divide in Europe is essential precondition for achieving a gigabit society where all European will have access to internet and digital services. To this end, in the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.
Amendment 219 #
Proposal for a directive
Recital 103
Recital 103
(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.
Amendment 233 #
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 240 #
Proposal for a directive
Recital 139 a (new)
Recital 139 a (new)
(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. When national regulatory authorities can identify Unilateral Market Power (UMP), it is appropriate for them to be active and conduct specific monitoring on an ex ante basis and they are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.
Amendment 262 #
Proposal for a directive
Recital 175
Recital 175
Amendment 274 #
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements can offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 294 #
Proposal for a directive
Recital 270
Recital 270
(270) NetworkMust-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or television broadcastaudiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks and services to the extent that they are used by a significant number of end- users use such networks as their principal means to receive radio and television broadcastto receive radio and audiovisual media services. Relevant criteria for assessing the concept of "a significant number of end-users" in this context may take into account inter alia developments in technology and consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end- users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. Must carry obligations should enable access for end-users to connected TV services.
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions similarat least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘'harmful interference’' means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 339 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States and, BEREC and the Commission shall also contribute to the achievement of these objectives.
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shall:and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives.
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 369 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 374 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;
Amendment 384 #
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the wholesale and the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 3 – point f a (new)
Article 3 – paragraph 3 – point f a (new)
(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 397 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity
Amendment 401 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealingensuring compliance with issurules related to open internet access;
Amendment 407 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall have the right to enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.
Amendment 410 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that national regulatory authorities and other competent authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they have adequate technical, financial and human resources to carry out the task s assigned to them.
Amendment 422 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to Article 49 paragraphs 2 and 2a, Member States shall not restrict or withdraw rights to install facilities or rights of use for radio spectrum or numbers before expiry of the period for which they were granted except where justified pursuant to paragraph 2 and where applicable in conformity with the Annex I and relevant national provisions regarding compensation for withdrawal of rights.
Amendment 426 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 25 year minimum durationby the competent national authority, based on detailed procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination.
Amendment 433 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.
Amendment 440 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality, national security or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the information.
Amendment 449 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
Article 22 – paragraph 1 – subparagraph 2 – point a
a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and 81 for the surveys required for the application of State aid rules; and
Amendment 455 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
a three-year forecast, if considered necessary by the national regulatory authority, of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.
Amendment 461 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
This forecast, if conducted, shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast, if conducted, shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shallmay request undertakings to provide relevant information regarding planned deployments of such networks based on the best information available to them.
Amendment 468 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3
Article 22 – paragraph 1 – subparagraph 3
The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The information collected in the survey shall be confidential and the national regulatory authority shall not make this available to competitors.
Amendment 472 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determined that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities shallmay publish the designated digital exclusion areas.
Amendment 482 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.
Amendment 493 #
Proposal for a directive
Article 22 – paragraph 6
Article 22 – paragraph 6
6. NIf the relevant information for end-users is not available on the market, national regulatory authorities may make available information tools to end- users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.
Amendment 499 #
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of harmonised radio spectrum in accordance with Union legislation.
Amendment 502 #
Proposal for a directive
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Member States shall cooperate with each other, and through the Radio Spectrum Policy Group, in the cross-border coordination of the use of radio spectrum in order to:
Amendment 510 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member Statespublish the draft measure, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and, other national regulatory authorities thereofand stakeholders thereof at the same time. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.
Amendment 514 #
Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform BEREC, the other national regulatory authorities of its reservations in such a caseand stakeholders, at the same time, of its reservations in such a case and invite stakeholders to provide their observations.
Amendment 519 #
Proposal for a directive
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5 a. Within six weeks from the beginning of the two month period referred to in paragraph 4, BEREC shall, acting by a majority of its component members, issue an opinion on the Commission's notification referred to in paragraph 4, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.
Amendment 523 #
Proposal for a directive
Article 32 – paragraph 8 a (new)
Article 32 – paragraph 8 a (new)
8 a. The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure.
Amendment 529 #
Proposal for a directive
Article 33 – paragraph 5 – point a
Article 33 – paragraph 5 – point a
(a) issue a recommendation requiring the national regulatory authority concerned to amend or withdraw the draft measure, including specific proposals to that end and providing reasons justifying its recommendation, including specific proposals for amendment of the draft measure in particular where BEREC does not share the serious doubts of the Commission;
Amendment 534 #
Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b) of this Article, the national regulatory authority concerned shall communicate towithdraw the draft measure or adopt and publish the final measure and inform the Commission and, BEREC the adopted final measureand other national regulatory authorities and stakeholders thereof.
Amendment 541 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e
Article 35 – paragraph 1 – subparagraph 1 – point e
(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory wholesale access obligations;
Amendment 546 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure publicly available and accessible, together with the reasoning on which the measure is based, toand inform BEREC, the Commission and national regulatory authorities in other Member States, thereof at the same time.
Amendment 550 #
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a
Article 35 – paragraph 3 – subparagraph 1 – point a
(a) promote the development of the internal market as well as ensuring competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),
Amendment 565 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, when necessary for confidentiality, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.
Amendment 580 #
Proposal for a directive
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member States shall ensure that the competent authorities have all the powers necessary to investigate cases of non- compliance and the effects thereof on the security of the networks and services., and that undertakings providing public communications networks have a responsibility to react to cybersecurity incidents caused by hijacked devices;
Amendment 590 #
Proposal for a directive
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. Member States shall ensure that an effective appeal mechanism exists for undertakings whose requests for the granting of rights to install facilities are refused or otherwise not granted. The appeals body shall be independent of the parties involved and shall render a decision on appeal within two months.
Amendment 593 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non- discriminatory and proportionate criteria.
Amendment 597 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a
Article 45 – paragraph 2 – subparagraph 1 – point a
(a) ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Amendment 599 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments
Amendment 601 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e
Article 45 – paragraph 2 – subparagraph 1 – point e
(e) promoting the shared use of radio spectrum between similar and/or different uses of spectrum; promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;
Amendment 605 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 3
Article 45 – paragraph 2 – subparagraph 3
Where the Commission is considering acting to provide for measures in accordance with Article 39, it mayshall seek the advice of the Radio Spectrum Policy Group with regard to the implications of any such standard or specification for the coordination, harmonisation and availability of radio spectrum. The Commission shall take utmost account of the advice of the Radio Spectrum Policy Group in taking any subsequent steps.
Amendment 607 #
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 612 #
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States mayshall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessaryin order to:
Amendment 613 #
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)
(d a) promote interconnection in Europe along major transport paths;
Amendment 618 #
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3
Article 45 – paragraph 5 – subparagraph 3
A measure 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. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States and the EU in accordance with Union law.
Amendment 621 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights ofr use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph. In all other cases, they shall set out the conditions for thewhere necessary in order to: - avoid harmful interference, - ensure technical quality of service, - ensure coverage and performance of mobile network along all major roads and railways; - safeguard efficient use of radio spectrum in a general authorisation, or - fulfil other objectives of general interest as defined by Member States in conformity with the Union law.
Amendment 625 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 646 #
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authorities shall ensure that the rules and conditions for the shared use of radio spectrum are clearly set out and concretely specified in the acts of authorisation.zation. Such rules shall include fair and non-discriminatory wholesale access conditions for all operators, including virtual operators, and facilitate efficient spectrum use, competition and innovation;
Amendment 655 #
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or the joint roll-out of infrastructures for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage of close to 100 percent of Europeans as well as the deployment of innovative technologies. Conditions attached to the rights of use shall not prevent the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.
Amendment 659 #
Proposal for a directive
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
The Commission may adopt implementing measures in order to specify the modalities of applying the conditions that Member States may attach to authorisations to use harmonised radio spectrum in accordance with paragraphs 1 and 2, with the exception of fees pursuant to Article 42.
Amendment 664 #
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure competition as well as effective and efficient use and promote efficient investments, including by allowing for an appropriate period for investment amortisation.
Amendment 668 #
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duratioey shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn ofr at least 25 years, except djusted by the Member States after the mid-term assessment if such rights prevent: - ensuring the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bandsefficient and effective use of radio spectrum, - pursuing a general interest objective, such as the achievement of the Union connectivity targets, or - organising and using radio spectrum for public order, public security purposes or defence. In case of withdrawal, the rights of use can only be revoked after a transitional period.
Amendment 679 #
Proposal for a directive
Article 50 – paragraph 2 – point d
Article 50 – paragraph 2 – point d
(d) the need to promote, or avoid any distortion of, competition in line with Article 52, in particular by making necessary adjustments to existing spectrum assignments where justified in accordance with Article 49 to ensure effective competition and spectrum availability for potential new entrants;
Amendment 684 #
Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
If as a result of the consultation pursuant to the first subparagraph, there is evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, the competent authority shall grant the rights pursuant to Article 54 and in compliance with the objectives set in articles 45 and 52.
Amendment 687 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities mayshall take appropriate measures such as, inter alia:
Amendment 689 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point a
Article 52 – paragraph 2 – subparagraph 1 – point a
(a) limiting the amount of radio spectrum for which rights of use are granted to any undertaking, or attaching conditions to such rights of use, such as the provision of wholesale accesspassive or active network sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;
Amendment 693 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b
Article 52 – paragraph 2 – subparagraph 1 – point b
(b) reserving, if appropriate in regard to an exceptional situation in the national market, a certain part of a frequency band or group of bands for assignment to new entrants, or, if appropriate, to exceptional situations in national markets;
Amendment 716 #
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Without prejudice to Article 21 of this Directive, Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Where the conditions of competition demand it, access negotiations may be conducted via a neutral third party. Access negotiations should not unreasonably impede either party from acting unilaterally. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage.
Amendment 718 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 727 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcastingaudiovisual media services and related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 736 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Amendment 753 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 760 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular, but not exclusively:
Amendment 773 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
(a) a viable and similar alternative means of access to end-users is made available to any undertakingprovided by the network operator and suitable for the provision of very high capacity networks, provided that thesuch access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and; or
Amendment 782 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b a (new)
Article 59 – paragraph 2 – subparagraph 3 – point b a (new)
(b a) c) these obligations may lead to strengthening the overall market position of undertakings designated as having significant market power. Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.
Amendment 796 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)
Article 61 – paragraph 2 – subparagraph 2 a (new)
3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Amendment 800 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 b (new)
Article 61 – paragraph 2 – subparagraph 2 b (new)
An undertaking shall be deemed to have unilateral market power where, in the absence of significant market power, it enjoys a position of economic strength by virtue of the weakness of competitive constraints in an oligopolistic market, enabling it to act in a manner which is detrimental to consumer welfare.
Amendment 802 #
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Commission shall publish, after consulting with BEREC, at the latest on the date of entry into force of this Directive, guidelines for market analysis and the assessment of significant and unilateral market power (hereinafter ‘"the SMP guidelines’") which shall be in accordance with the relevant principles of competition law and the objectives of the Code.
Amendment 804 #
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. National regulatory authorities shall, taking the utmost account of the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1). They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.
Amendment 820 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
Amendment 832 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retaion wholesale and retail level level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 834 #
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
Amendment 838 #
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
Amendment 847 #
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify: (a) any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61(2); or in case of the absence thereof: (b) undertakings which enjoy a position of unilateral market power on that market in accordance with Article 61(3). The national regulatory authority shall impose on such undertakings impose appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
Amendment 851 #
Proposal for a directive
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 65 of this Directive, national regulatory authorities shall be able to impose any of the obligations set out in Articles 67 to 75 and 77 of this Directive as appropriate.;
Amendment 854 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at on wholesale or retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 860 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 874 #
Proposal for a directive
Article 70 – title
Article 70 – title
Access to civil engineering and to entire and shared physical network elements
Amendment 876 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, where it considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market and would not be in the end-user's interest: a. impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interesttallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 889 #
Proposal for a directive
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. National regulatory authorities shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
Amendment 902 #
Proposal for a directive
Article 71 – title
Article 71 – title
Obligations of access to, and use of, specific network facilitieentire and shared physical network elements
Amendment 905 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Amendment 912 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Amendment 919 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specifiedobligations of access to, and use of, specific entire physical network elements and/or associated facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments
Amendment 923 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;
Amendment 924 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b
Article 71 – paragraph 1 – subparagraph 2 – point b
Amendment 925 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c
Article 71 – paragraph 1 – subparagraph 2 – point c
Amendment 930 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
Article 71 – paragraph 1 – subparagraph 2 – point d
Amendment 932 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e
Article 71 – paragraph 1 – subparagraph 2 – point e
Amendment 933 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
Amendment 935 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g
Article 71 – paragraph 1 – subparagraph 2 – point g
Amendment 936 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h
Article 71 – paragraph 1 – subparagraph 2 – point h
Amendment 937 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i
Article 71 – paragraph 1 – subparagraph 2 – point i
Amendment 938 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3
Article 71 – paragraph 1 – subparagraph 3
Amendment 943 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. WThen national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assy shall take account in particular of the following factors:(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial invesstment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
Amendment 948 #
Proposal for a directive
Article 71 – paragraph 2 – point a
Article 71 – paragraph 2 – point a
Amendment 949 #
Proposal for a directive
Article 71 – paragraph 2 – point b
Article 71 – paragraph 2 – point b
Amendment 953 #
Proposal for a directive
Article 71 – paragraph 2 – point c
Article 71 – paragraph 2 – point c
Amendment 954 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
Amendment 959 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
Amendment 967 #
Proposal for a directive
Article 71 – paragraph 2 – point f
Article 71 – paragraph 2 – point f
Amendment 968 #
Proposal for a directive
Article 71 – paragraph 2 – point g
Article 71 – paragraph 2 – point g
Amendment 972 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article,This is without prejudice to national regulatory authorities may lay down technical or opgiving considerational con in additions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid downimposing each of the obligations on an operator in accordance with Article 3972.
Amendment 984 #
Proposal for a directive
Article 72 a (new)
Article 72 a (new)
Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose: (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
Amendment 988 #
Proposal for a directive
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 990 #
Proposal for a directive
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 993 #
Proposal for a directive
Article 73 – paragraph 4
Article 73 – paragraph 4
4. In applying paragraph 2, tThe Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.142 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.
Amendment 995 #
Proposal for a directive
Article 73 – paragraph 5
Article 73 – paragraph 5
Amendment 998 #
Proposal for a directive
Article 73 – paragraph 7
Article 73 – paragraph 7
Amendment 1001 #
Proposal for a directive
Article 74
Article 74
Amendment 1091 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services andand enabling end-user access to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 1101 #
Proposal for a directive
Annex I – part A – point 7
Annex I – part A – point 7
7. Access obligations other than those provided for in Article 13 of this Directive applying to undertakings providing electronic communications networks or services., including, for the avoidance of doubt, under Article 59(2)
Amendment 1103 #
Proposal for a directive
Annex I – part D – point 1
Annex I – part D – point 1
1. Obligation to provide a service or to use a type of technology, within the limits of Article 49 of this Directive including, to cover close to 100 percent of European citizens and, where appropriate, coverage and quality of service requirements.
Amendment 1106 #
Proposal for a directive
Annex II – part 2 – point b
Annex II – part 2 – point b
(b) Access to electronic programme guides (EPGs)., including for data supporting and enabling end-user access to connected TV services
Amendment 1108 #
Proposal for a directive
Annex II – part 2 a (new)
Annex II – part 2 a (new)
(c) Access to caching facilities.
Amendment 1109 #
Proposal for a directive
Annex III
Annex III
Amendment 1110 #
Proposal for a directive
Annex IV
Annex IV
Amendment 1145 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11 a) audiovisual media services