11 Amendments of Evelyne GEBHARDT related to 2013/0309(COD)
Amendment 53 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) "open internet access service" means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; the Member States shall impose reasonable minimum requirements on the service quality of open internet access services, reflecting technological progress; an open internet access service enables end-users to use any internet- based application in accordance with the best effort principle; the only permissible derogation from this principle is proportionate, justified traffic management, in cases where the conditions for its use are clearly defined;
Amendment 135 #
Proposal for a regulation
Article 19
Article 19
Assured service quality (ASQ) (1) Any operator shall have the right to provide a European ASQ connectivity product as specified in paragraph 4. (2) Any operator shall meet any reasonable request to provide a European ASQ connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services. Any refusal to provide a European ASQ product shall be based on objective criteria. The operator shall state the reasons for any refusal within one month from the written request. It shall be deemed to be an objective ground of refusal that the party requesting the supply of a European ASQ connectivity product is unable or unwilling to make available, whether within the Union or in third countries, a European ASQ connectivity product to the requested party on reasonable terms, if the latter so requests. (3) Where the request is refused or agreement on specific terms and conditions, including price, has not been reached within two months from the written request, either party is entitled to refer the issue to the relevant national regulatory authority pursuant to Article 20 of Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply. (4) The provision of a connectivity product shall be considered as the provision of a European ASQ connectivity product if it is supplied in accordance with the minimum parameters listed in Annex II and cumulatively meets the following substantive requirements: (a) ability to be offered as a high quality product anywhere in the Union; (b) enabling service providers to meet the needs of their end-users; (c) cost-effectiveness, taking into account existing solutions that may be provided on the same networks; (d) operational effectiveness, in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers; (f) and (e) ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency in accordance with Union law are respected. (5) The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to adapt Annex II in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 4.rticle 19 Deleted connectivity product
Amendment 139 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
(1) The freedomright of end-users to use public electronic communications networks or publicly available electronic communications services provided by an undertaking established in another Member State shall not be restricted by public authorities.
Amendment 163 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 168 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.
Amendment 174 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 180 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-a restricted circle of users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access serv. The provision of specialised services shall not impair the quality of internet access services. Neither shall these services impair existing, generally recognised technical standards and their development. Access network providers who simultaneously offer or market specialised services shall be subject to the same provision obligation as an open internet access service, in accordance with Article 2(14). They may not discriminate against other content providers who are reliant on the network operator’s forwarding services, and shall be required to charge for forwarding in a transparent manner and at fair market prices.
Amendment 191 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
(4) The exercise of the freedomrights provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).
Amendment 215 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedomrights provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversityfreedom of opinion and information, linguistic and cultural diversity, media freedom and diversity, and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 345 #
Proposal for a regulation
Annex II
Annex II