29 Amendments of Eva KAILI related to 2016/0288(COD)
Amendment 155 #
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 164 #
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 196 #
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 204 #
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 220 #
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 232 #
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 293 #
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 311 #
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 341 #
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 352 #
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 360 #
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 391 #
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 398 #
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 404 #
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 439 #
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 469 #
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 566 #
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 581 #
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 609 #
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 622 #
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 656 #
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 667 #
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 728 #
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 737 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Amendment 890 #
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 1010 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements (i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or (ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co- investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non- discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 1025 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
(c) access seekers not participating in the co-investmentone of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; until 8 years after entry into force of this Directive.
Amendment 1034 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraphdeployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Amendment 1104 #
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.