16 Amendments of Bill NEWTON DUNN related to 2007/0248(COD)
Amendment 35 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
Amendment 42 #
Proposal for a directive – amending act
Recital 34
Recital 34
(34) Software that surreptitiously monitors actions of the user and/or subverts operation of the user’s terminal equipment for the benefit of a third party (so-called “spyware”) poses a serious threat to users’ privacy. A high and equal level of protection of the private sphere of users needs to be ensured, regardless of whether unwanted spying programmes are inadvertently downloaded via electronic communications networks or are delivered and installed hidden in software distributed on other external data storage media, such as CDs, CD-ROMs, USB keys. Member States shall encourage end-users to take the necessary steps to protect their terminal equipment against viruses and spy ware.
Amendment 51 #
Proposal for a directive – amending act
Article 2 - point -1 c (new)
Article 2 - point -1 c (new)
Directive 2002/58/EC
Article 2 - point (d)
Article 2 - point (d)
(-1c) Article 2(d) shall be replaced by the following: (d) "communication" means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of any communication to the public over an electronic communications network, including broadcasting, except to the extent that the information can be related to the identifiable subscriber or user receiving the solicited and lawfully communicated information.
Amendment 62 #
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 4
Article 4 - paragraph 4
4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1, 2 and 3 a-c, the Commission mayshould, following consultation with the European Electronic Communications Market Authority (hereinafter referred to as “the Authority”), and the European Data Protection Supervisor, adoptData Protection Supervisor, the relevant stakeholders and ENISA, recommend technical implementing measures concerning inter alia the measures described in paragraph 1a and the circumstances, format and procedures applicable to information and notification requirements referred to in this Articleparagraph 3a and 3b.
Amendment 71 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. National regulatory authorities should be able to take action under Directive 2002/22/EC in case restrictions are unreasonably imposed in circumstances other than a lack of effective competition. Management of networks, for example in order to address congestion and capacity constraints and to enable new services, should never be considered an example of an unreasonable restriction.
Amendment 73 #
Proposal for a directive – amending act
Article 2 - point 4 e (new)
Article 2 - point 4 e (new)
Directive 2002/58/EC
Article 12 - paragraph 2
Article 12 - paragraph 2
Amendment 75 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) The availability of transparent, up-to- date and comparable tariffs is a key element for consumers in competitive markets with several providers offering services. Consumers of electronic communications services should be able to easily compare prices of various services offered on the market based on tariff information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should have powers to require from operators better tariff transparency and to ensure that third parties have the right to use without charge publicly available tariffs published by undertakings providing electronic communications services. They should also make price guides available where the market has not provided them. Operators should not be entitled to any remuneration for such use of tariffs which had already been published and thus belong to the public domain. In addition, users should be adequately informed of the price involved or the type of service offered before they purchase a service, in particular if a free phone number is subject to any additional charges. The Commission should be able to adopt technical implementing measures to ensure that end-users benefit from a consistent approach to tariff transparency in the Community.
Amendment 81 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) A competitive market should ensure that users are able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to prevent degradation of service, the blocking of access and the sblowcking of traffic over the networks. In particular, the Commission should be able to adopt implementing measures with a view to identifying the quality standards to be used by the national regulatory authoritieaccess.
Amendment 96 #
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linear audiovisual media service as defined in the Audiovisual Media Services Directive of the European Parliament and of the Council of [….] 2007, which is provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audio or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service provider. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three year18 months and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented by services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language.
Amendment 102 #
Proposal for a directive – amending act
Recital 39
Recital 39
(39) In particular power should be conferred on the Commission to adopt implementing measures on tariff transparency, minimum quality of service requirements, effective implementation of “112” services, effective access to numbers and services, improvement of accessibility by disabled end-users as well as amendments to adapt the Annexes to technical progress or changes in market demand.
Amendment 165 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 167 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed , in advance of the conclusion of the contract and regularly thereafter, of their general obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.
Amendment 187 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. National regulatory authorities shall encourage the provision of information to enable end-users and consumers to make an independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member States shall ensure that national regulatory authorities make such guides or techniques available, when these are not available on the market. Third parties shall have a right to use without charge the tariffs published by undertakings providing electronic communications networks and/or services, for the purposes of selling or making available such interactive guides or similar techniques.
Amendment 200 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt teand to ensure that users’ ability to access or distribute lawful content or to run lawful applications and services of their chnoical implementing measures concerninge is not unreasonably restricted, national regulatory authorities may adopt minimum quality of service requirements to be set by the n. National regulatory authorities may con undertakings providing public communications networks. These measures designed to amend non- essential elemsider a limitation imposed by the operator on users' ability to access or distribute lawful contents ofr this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission mao run lawful applications and services of their choice as reasonable when it addresses congestion and capacity constraints and is duly juse the urgency procedure referred to in Article 37(3)tified by the operator.
Amendment 252 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The obligations referred to in the first subparagraph shall be reviewed by the Member States at the latest within one year of time-limit for implementation of the amending act, except where Member States have carried out such a review within the previous 2 years.
Amendment 253 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Member States shall review “must carry” obligations at least every three yeareighteen months.