14 Amendments of Rosa D'AMATO related to 2016/0027(COD)
Amendment 17 #
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 ruraleconomically challenging rural and remote areas and stresses the need for a coordinated release of that frequency band, while accommodating the specific needs of audiovisual media services distribution. _________________ 21 See http://ec.europa.eu/priorities/digital- single-market/index_en.htm.
Amendment 22 #
Proposal for a decision
Recital 5
Recital 5
(5) Rapidly growth ing wireless broadband traffic makespoints to a need to enhanced wireless network capacity a necessityin line with current traffic forecasts, without prejudice to future revisions thereof. Spectrum in the 700 MHz frequency band provides both additional capacity and universal coverage, in particular for the economically challenging rural and remote areas, for indoor use and for wide-range machine-type communications. In this context, specific, coordinated and coherent measures for high-quality terrestrial wireless coverage across the Union, which build on best and most effective national practice for operators’ licence obligations, should aim to meet the RSPP objective that all citizens should have affordable access to broadband speeds of not less than 30 Mb/s by 2020. That target is of central importance to EU efforts to foster a genuine digital citizenship that closes the digital divide and fully implements the principle of inclusion. Member States should therefore do all they can to meet the target. In this way, the measures will promote innovative digital services and ensure long-term socioeconomic benefits.
Amendment 23 #
Proposal for a decision
Recital 6
Recital 6
(6) Spectrum sharing within a common frequency band between bidirectional wireless broadband use (uplink and downlink), on the one hand, and unidirectional television broadcasting or wireless audio PMSE use, on the other hand, is technically problematic. This means that repurposing the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive DTT and wireless audio PMSE users of part of their spectrum resources. The DTT and PMSE sectors therefore need long- term regulatory predictability on the availability of sufficient spectrum, so that they can safeguard the sustainable provision and development of their services, in particular free-to-view television, and ensure that national and European audiovisual policy objectives such as social cohesion, media pluralism and cultural diversity are met. Measures may be needed at national and Union level to ensure additional spectrum resource for wireless audio PMSE use outside the 470- 790 MHz frequency band.
Amendment 25 #
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) In view of the major cultural importance of SMEs and start-ups in the media, creative and cultural sectors, special attention should be paid when implementing this Decision to opening up the internal market, to SME and start-up support measures and to creating specific opportunities for such firms. This set of measures should be geared to promoting fair competition in keeping with the Treaties, in particular Articles 101, 102 and 106 TFEU, in order to strike a better balance in a market that is currently characterised, in some Member States, by oligopolistic positions that run counter to the innovation and long-term socio- economic benefits that this Decision is seeking to secure.
Amendment 30 #
Proposal for a decision
Recital 11
Recital 11
(11) The use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible. This should include the possibility for holdergrantees of rights of use of spectrum to trade and lease their existing rights in the context of the application of Articles 9, 9a and 9b of Directive 2002/21/EC24, provided that competition on the internal market is safeguarded and promoted. _________________ 24 Directive No 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L108, 24.4.2002, p.33), as subsequently amended by Directive 2009/140/EC of 25 November 2009 (OJ L 337, 18.12.2009, p. 37).
Amendment 33 #
Proposal for a decision
Recital 13
Recital 13
(13) In any case, spectrum usage in the 470-694 MHz frequency band should be reassessed at Union level no later than 2025. Such an assessment should also take into account the planned review of this frequency band at the World Radiocommunication Conference in 2023. Changes in the use of the sub-700 MHz frequency band should take into consideration technological developments, consumer behaviour, the importance of continuing the delivery of free television26 service and social, economic and cultural general interest objectives, among which special mention should be made of enhancing the public nature, pluralism and cultural and social value of broadcasting systems and the cultural, social and economic significance of PMSE. In this context, studies on technical and regulatory conditions for co-existence between incumbent and new spectrum uses in the sub-700 MHz frequency band are necessary. These would ensure coherence between the approaches taken by different Member States on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co- existence in this band. Such studies and measures may be developed pursuant to Decision No 676/2002/EC. _________________ 26 In the meaning of Directive 2010/13/EU of the European Parliament and of the Council (Audiovisual Media Services Directive).
Amendment 35 #
Proposal for a decision
Recital 14
Recital 14
(14) Member States should adopt coherent national roadmaps to facilitate the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once adopted, Member States should communicate the roadmaps in a transparent manner around the Union. The roadmaps should cover activities and timescales for frequency re-planning, technical developments for network and end-user equipment, co-existence between radio and non-radio equipment, existing and new authorisation regimes and information on the possibility to offer compensation for migration costs, where these would arise, in order to avoid, inter alia, costs for end- users. Compensation schemes should focus in particular on the special needs of SMEs and start-ups, which do not have the same financial capacity as other firms. Where Member States intend to maintain DTT, the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum- efficient technologies such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2), with due regard for the principle of technological neutrality.
Amendment 37 #
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. _________________ 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), as subsequently amended by Directive 2009/140/EC of 25 November 2009 (OJ L 337, 18.12.2009, p. 37).
Amendment 38 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) By 30 June 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. 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. Member States shall, on account of the fact that radio frequencies are a public good of major social, cultural and economic significance, ensure that all procedures relating to them are based on the criteria of transparency, objectivity, non- discrimination and proportionality and that the frequencies are managed in such a way as to provide the greatest possible social benefits and secure the highest possible standard of public health protection and the greatest possible degree of connectivity for all EU citizens, at a price they can all afford.
Amendment 40 #
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
By 30 June 2022, Member States shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694-790 MHz frequency band and ensure that procedures are based on the criteria of transparency, objectivity, non- discrimination and proportionality and are managed in such a way as to provide the greatest possible social benefits and secure the highest possible standard of public health protection and the greatest possible degree of connectivity for all EU citizens, at a price they can all afford.
Amendment 42 #
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
When Member States authorise the use of the 694-790 MHz frequency band or amend existing rights to use the 694-790 MHz frequency band, they shall take all necessary measures to secure the greatest possible social benefits and the highest possible standard of public health protection and ensure that procedures are transparent, objective, non-discriminatory and proportional. Member States shall also take all steps necessary to ensure a high- quality level of coverage of their population and territory at speeds of at least 30 Mb/s, both indoors and outdoors, including in. Those speeds shall be ensured everywhere, both indoors and outdoors, on the basis of a schedule that may establish pre-determined national priority areas where necessary, and alo, including major terrestrial transport paths, provided that full and effective coverage of Member States' populations and territories is achieved by 30 June 2022. Such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with Union law, in order to encourage their widest possible use by social, economic and cultural stakeholders.
Amendment 44 #
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
To that end, Member States shall assess and consult on the need to attach conditions to the rights of use for frequencies within the 694-790 MHz frequency band, based on best and most effective national practice. They shall consult each other thereon and shall conduct the broadest possible consultations of members of the public and interested parties.
Amendment 46 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) Member States shall ensure availability of the 470-694 MHz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences, includingwith particular reference to free television, and for use by wireless audio PMSE equipment, based on national broadcasting needs. Member States shall and shall make sure that the principle of technological neutrality is applied and that public broadcasting systems are strengthened. Member States shall, by engaging in relevant regional cooperation and, where necessary, asking the Commission to help coordinate operations, 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 50 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 30 June 2017, with a view to fulfilling their obligations under Articles 1 and 4, Member States shall adopt and make public their national plan and schedule (‘national roadmap’) for fulfilling their obligations underand shall ensure maximum transparency and the widest possible public involvement in the drafting of the plan and schedule and include sections on strengthening public broadcasting systems, securing the degree of connectivity referred to in Articles 1 3 and 4 of this Decisioproviding new opportunities for SMEs and start-ups. Member States shall publish the plan and schedule and include a detailed description of the technical grounds for the proposed measures and the timescales chosen.