12 Amendments of Fulvio MARTUSCIELLO related to 2016/0027(COD)
Amendment 27 #
Proposal for a decision
Recital 1
Recital 1
(1) In the multiannual radio spectrum policy programme (RSPP) established by Decision No 243/2012/EU20 , the European Parliament and the Council set the objectives of identifying at least 1 200 MHz of spectrum suitable for wireless broadband electronic communications services in the Union by 2015, of supporting the further development of innovative audiovisual mediabroadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services, if the need is clearly substantiated, and of ensuring sufficient spectrum for programme making and special events (PMSE). __________________ 20 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 35 #
Proposal for a decision
Recital 2
Recital 2
(2) In its strategy for the digital single market (DSM)21 , the Commission highlights the importance of the 694-790 MHz (‘700 MHz’) frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band, while accommodating the specific needs of audiovisual mediabroadcasting services distribution. __________________ 21 See http://ec.europa.eu/priorities/digital- single-market/index_en.htm.
Amendment 72 #
Proposal for a decision
Recital 7
Recital 7
(7) In his report to the Commission (the ‘Lamy report’)22 , Pascal Lamy, the Chairman of the high-level group on the future use of the 470-790 MHz frequency band, recommended that the 700 MHz frequency band be made available for wireless broadband by 2020 (+/- two years). This would help achieve the goal of long-term regulatory predictability for DTT in having access to the sub-700 MHz frequency band until 2030, although this would have to be reviewed by 2025. The Lamy Report also recommended national a "flexibility inoption" involving studying scenarios that allow spectrum use ofin the sub- 700 MHz frequency band, which is limited to downlink-only to be used for downlink-only electronic communications services in cases where there is no or negligible demand for DTT at national level. Downlink-only is the restriction of all transmissions in a wireless system, independent of its technology, to unidirectional transmission from central infrastructure stations such as a TV broadcasting tower or a mobile base station to portable or mobile terminals such as TV sets or mobile phones. Such scenarios should guarantee continued access to spectrum for DTT as the primary user and audio PMSE as the secondary user, subject to national demand. This calls for timely study, adoption and dissemination of a harmonised Union approach to supplemental downlink and its coexistence with terrestrial broadcasting services and audio PMSE in order to preserve the specificities of the European audiovisual model and at the same time open the door to innovation and new services. __________________ 22 Report by Mr Pascal Lamy, available at: https://ec.europa.eu/digital- agenda/en/news/report-results-work-high- level-group-future-use-uhf-band.
Amendment 108 #
Proposal for a decision
Recital 12
Recital 12
(12) In line with Articles 9 and 9a of Directive 2002/21/EC, Member States should apply a flexible approach where possible and may allow the introduction of alternative downlink-only uses such as terrestrial wireless broadband electronic communications services in the sub-700 MHz frequency band in accordance with national needs for distribution of audiovisual media services to a mass audience, in cases where there is no or negligible demand for DTT and PMSE services at national level. When allowing use within the sub-700 MHz frequency band for downlink-only terrestrial wireless broadband electronic communications services, Member States should ensure that such use does not affect the use of sub-700 MHz band for digital terrestrial broadcasting and audio PMSE services in neighbouring Member States, as provided for in the agreement at the Regional Radiocommunication Conference of 200625 . __________________ 25 Regional Radiocommunication Conference of 2006 for planning of the digital terrestrial broadcasting service in parts of Regions 1 and 3, in the frequency bands 174-230 MHz and 470-862 MHz (RRC-06) in Geneva.
Amendment 109 #
Proposal for a decision
Recital 13
Recital 13
Amendment 127 #
Proposal for a decision
Recital 15
Recital 15
(15) The scope and mechanism of possible compensation for completing the transition in spectrum use within the 470- 790 MHz frequency band should be analysed in accordance with the relevant national provisions as provided by Article 14 of Directive 2002/20/EC27 , and have to be consistent with the provisions of Articles 107 and 108 TFEU. The Commission should provide guidance to Member States on adequate and prompt compensation, in order to facilitate the transition in spectrum use. Member States should, in particular, take into account the importance of prompt compensation for DTT and audio PMSE end-users. __________________ 27 Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.04.2002, p. 21)
Amendment 136 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) By 30 June1 December 2020, Member States shall allow the use of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the Commission pursuant to Article 4 of Decision 676/2002/EC. Member States may however decide, on the basis of reasonable grounds, to delay the availability of the band for up to two years maximum. Where a Member State decides to delay the availability of the band, it shall inform other Member States and the Commission accordingly. Where necessary, Member States shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with Directive 2002/20/EC, in order to allow that use.
Amendment 169 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) Member States shall ensure, at least until 31 December 2030, availability of the 470-694 MHz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences, including free television, and for use by wireless audio PMSE equipment, based on national broadcasting needs, taking into account the principle of technological neutrality. Member States shall ensure that any other use of the 470- 694 MHz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring Member State.
Amendment 177 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) If Member States authorise the use of spectrum in the 470-694 MHz frequency band for terrestrial systems capable of providing electronic communication services other than television broadcasting networks, such use shall be limited to downlink-only. Such use shall be without prejudice tomade in accordance with obligations resulting from international agreements and Union law.
Amendment 185 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 30 June 20178, Member States shall adopt and make public their national plan and schedule (‘national roadmap’) for fulfilling their obligations under Articles 1 and 4 of this Decision.
Amendment 189 #
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall ensure the timely availability of sufficient funds to cover the costs of migration as well as the costs associated with measures needed to limit interference to broadcasting services.
Amendment 197 #
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1