Activities of Giles CHICHESTER related to 2013/0080(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks PDF (334 KB) DOC (458 KB)
Amendments (17)
Amendment 25 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks (Text with EEA relevance)
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2 a (new)
Article 2 – paragraph 2 – point 2 a (new)
(2a) "utility operator" means an undertaking providing a physical infrastructure intended to provide: a service of production, transport or distribution of electricity, including public lighting, heating, water, excluding drinking water but including disposal or treatment of waste water and sewage; transport services, including railways, roads, ports and airports;
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Upon specific written request of an undertaking authorised to provide electronic communications networks, any networkutility operator shall have the obligation to meet all reasonable requests for access to its physical infrastructure under fair terms and conditions, including price, in view of deploying elements of high-speed electronic communications networks.
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a a (new)
Article 3 – paragraph 3 – subparagraph 1 – point a a (new)
(aa) safety and public health concerns;
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a b (new)
Article 3 – paragraph 3 – subparagraph 1 – point a b (new)
(ab) the security of critical national infrastructure;
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e
Article 3 – paragraph 3 – subparagraph 1 – point e
(e) the availability of alternative means of wholesale physical network infrastructure access provided by the networkutility operator and suitable for the provision of high-speed electronic communications networks.
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The networkutility operator shall state the reasons for any refusal within one month from the written request for access.
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national dispute settlement body referred to in paragraph 4 shall, taking full account of the principle of proportionality, issue a binding decision to resolve the dispute initiated pursuant to paragraph 4, including the determination of fair terms, conditions and prices where appropriate, within the shortest possible time frame and in any case within four months, without prejudice to the possibility of any party to refer the case to a court. Any price set by the dispute settlement body shall take into account the impact of the requested access on the business plan underpinning the investments made by the networkutility operator to whom access is requested, in particular in case of recently built physical infrastructures used for the provision of high-speed electronic communications services.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, every undertaking authorised to provide electronic communications networks shall have the right to access, upon request, via a single information point, the following set of minimum information concerning the existing physical infrastructure of any network operator:
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Every public sector body holding in electronic format the minimum information referred to in paragraph 1 concerning the physical infrastructure of a network operator by reason of its tasks shall make it available to the single information point by electronic means before [Publications Office: please insert the exact date: entry into force of this Regulation + 6 months]. Any update to this information and any new minimum information referred to in paragraph 1 received by the public sector body shall be made available to the single information point within one month from the receipt.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
10. Member States may provide for exemptions from the obligations provided for in paragraphs 1 to 5 in the case of existing6 when the information relates to critical national infrastructure where making it available could easily highlight vulnerabilities or in the case of physical infrastructures considered not technically suitable to deploy high- speed electronic communications networks. Such measures shall be duly motivated in this regard. The interested parties shall be given the opportunity to comment on the draft measures within a reasonable period. Any such measure shall be notified to the Commission.
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Every undertaking performing civil works fully or partially financed by public means shall meet any reasonable request fromensure coordination across utilities, including undertakings authorised to provide electronic communications networks in view of deploying elements of high-speed electronic communications networks for civil works. Any coordination agreement shall be based on transparent and non- discriminatory terms, provided that this doesand not entail any additional costs for the initially envisaged civil works and that the request to coordinate is filed as soon as possible and in any case at least one month before the submission of the final project to the competent authorities for permit granting.
Amendment 147 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Every undertaking authorised to provide electronic communications networks shall have the right to access by electronic means via a single information point, upon request, any information concerning the conditions and procedures applicable for granting permits for civil works needed in view of deploying elements of high- speed electronic communications networks, including any exemptions applicable to such elements as regards some or all permits required under national law.
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Every undertaking authorised to provide electronic communications networks shall have the right to submit, by electronic means via the single applications via an information point, applications for permits required for civil works needed in view of deploying elements of high-speed electronic communications networks. The singleAn information point designated by a Member State or local authority shall facilitate and coordinate the permit granting process. In particular it shall ensure that the applications are forwarded to any competent authorities involved in granting the permits applicable to the civil works at stake as well as monitor compliance with the deadlines applicable in accordance with paragraph 3.
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. All newly constructed buildings at the end-user's location, including elements under joint ownership, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equippedassessed as regards the cost effectiveness of equipping them with a high-speed-ready in-building physical infrastructure, up to the network termination points. The same obligation applies in the event of major renovation works for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. All newly constructed multi-dwelling buildings, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equippedassessed as regards the cost effectiveness of equipping them with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high- speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 163 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States may provide for exemptions for categories of buildings, in particular single dwellings, or major renovation works, from the obligations provided for paragraph 1 and 2, when the cost of fulfilling those obligations is disproportionate. Such measures shall be duly motivated. The interested parties shall be given the opportunity to comment on the draft measures within a reasonable period. Any such measure shall be notified to the Commission.