41 Amendments of David BORRELLI related to 2016/0288(COD)
Amendment 236 #
Proposal for a directive
Recital 229 a (new)
Recital 229 a (new)
(229a) In the case of number-based interpersonal communications services, there are significant price differences between national communications and those terminating in a different Member State, on both the mobile and the fixed network. Those differences should be eliminated unless the supplier shows that they are due to objective differences in costs.
Amendment 253 #
Proposal for a directive
Recital 251
Recital 251
(251) Number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and shouldmust be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Those provisions must not limit the right to number portability and should also allow users to change the assigned number without changing the associated SIM card. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.
Amendment 260 #
Proposal for a directive
Recital 175
Recital 175
Amendment 302 #
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 consistsing wholly of optical fibre elements at least up to the distribution point at the serving location, corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions similar 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 340 #
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 347 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 355 #
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 shalland the Commission shall pursue each of the general objectives listed below:
Amendment 378 #
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 387 #
(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.
Amendment 410 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the explicit prior informed agreement of the end-user.
Amendment 454 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at leastboth at a fixed location and by way of mobile connection.
Amendment 478 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy high or very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbps on the basis of the information gathered pursuant to paragraph 1(b).
Amendment 486 #
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, technologically neutral 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 511 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall makepublish the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning and detailed analysis 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 515 #
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 and stakeholders, at the same time, of its reservations in such a case.
Amendment 526 #
Proposal for a directive
Article 92 – paragraph 1 a (new)
Article 92 – paragraph 1 a (new)
Providers of publicly available number- based interpersonal communication services shall not apply tariffs to intra- Union fixed and mobile communications services terminating in another Member State that are different from tariffs for services terminating in the same Member State, unless the provider demonstrates that they are due to objective differences in costs.
Amendment 539 #
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 and technologically neutral wholesale access obligations;
Amendment 564 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point v a (new)
Article 95 – paragraph 1 – point c – point v a (new)
(va) the means by which the amount of use made of the service may be clearly monitored.
Amendment 573 #
Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)
Article 95 – paragraph 2 – indent 2 a (new)
- an explicit mention on the invoice of the identity of the supplier, the typology and the duration of the services charged to a third number.
Amendment 592 #
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 595 #
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 602 #
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 641 #
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date and at the time of day expressly agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.
Amendment 648 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user . Those provisions should allow users to change the assigned number without changing the associated SIM card. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful . National regulatory authorities shall also take appropriate measures ensuring that end- users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.
Amendment 651 #
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting by them or on their behalf. Such compensation should be proportional to the length of the delay or the nature of the abuse suffered by the end-user.
Amendment 661 #
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Without prejudice to specific criteria and procedures adopted by Member States to grant rights of use for radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Union law, the rights of use for radio spectrum shall be granted through open, objective, transparent, pro- competitive, non- discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 45.
Amendment 672 #
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 duration of at least 2510 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.
Amendment 680 #
Proposal for a directive
Article 102 – paragraph 2 a (new)
Article 102 – paragraph 2 a (new)
2a. Providers of number-independent interpersonal communications services must inform end-users if they do not provide access to emergency services or the transfer of emergency communications to number-based interpersonal communications services on the same device.
Amendment 823 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existence of market developments which may increase the likelihood of the relevant markea market structure which does not tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably within the relevant time horizon;
Amendment 829 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retail 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 845 #
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 any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings 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 857 #
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 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 862 #
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 916 #
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 specified network elements and/or 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 loopon-physical network elements including active services;
Amendment 927 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) to provide specified services on a wholesale basis for resale by third parties;
Amendment 940 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. When nNational 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 assessment 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:
Amendment 957 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;
Amendment 962 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;
Amendment 975 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
Amendment 981 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
Amendment 1000 #
Proposal for a directive
Article 74
Article 74