BETA

Activities of Giles CHICHESTER related to 2013/0309(COD)

Shadow reports (1)

2016/11/22
Committee: ITRE
Dossiers: 2013/0309(COD)
Documents: PDF(1 MB) DOC(2 MB)

Amendments (52)

Giles CHICHESTER

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission proposal;

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Recital 20

(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on ‘Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz ~~and 3.8-4.2 GHz bands~~.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Recital 24

(24) ~~As regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband, t~~The convergent application by individual Member States of the regulatory principles and criteria set down in th~~is Regulation~~e Union regulatory framework would be favoured by a coordination mechanism whereby the Commission and the competent authorities of the other Member States have an opportunity to comment in advance of the granting of rights of use by a given Member State ~~and whereby the Commission has an opportunity, taking into account the views of the Member States, to forestall implementation of any proposal which appears to be non- compliant with Union law~~.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Recital 39

(39) It is to be expected that intensified competition in a single market will lead to a reduction over time in sector-specific regulation based on market analysis. Indeed, one of the results of completing the Single Market should be a greater tendency towards effective competition on relevant markets, with ex post application of competition law increasingly being seen as sufficient to ensure market functioning. In order to ensure legal clarity and predictability of regulatory approaches across borders, clear and binding criteria should be provided on how to assess whether a given market still justifies the imposition of ex-ante regulatory obligations, by reference to the durability of bottlenecks and the prospects of competition, in particular infrastructure-based competition, and the conditions of competition at retail level on parameters such as price, choice and quality, which are ultimately what is relevant to end users and to the global competitiveness of the EU economy. This should underpin successive reviews of the list of markets susceptible to ex ante regulation and help national regulators to focus their efforts where competition is not yet effective and to do so in a convergent manner. The establishment of a true single market for electronic communications may in addition affect the geographical scope of markets, for the purposes of both sector-specific regulation based on competition principles and the application of competition law itself.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Recital 51

(51) National regulatory authorities play an essential role in ensuring that end-users are effectively able to exercise this freedom to avail of open internet access. To this end national regulatory authorities should have monitoring and reporting obligations, and ensure compliance of providers of electronic communications to the public and the availability of non-discriminatory internet access services of high quality ~~which are not impaired by specialised services~~. In their assessment of a possible general impairment of internet access services, national regulatory authorities should take account of quality parameters such as timing and reliability parameters (latency, jitter, packet loss), levels and effects of congestion in the network, actual versus advertised speeds, performance of internet access services compared with ~~specialised~~enhanced quality services, and quality as perceived by end-users. National regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment/degradation of the quality of service of internet access services. or to safeguard the ability of end users to access and distribute content or information or to run applications and services of their choice.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) to address the phasing out of surcharges for roaming communications within the Union.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 2 – paragraph 2 – point 15

(15) ‘'specialised service’' means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof with a defined quality of service or dedicated capacity, and whose technical characteristics are controlled from end-to- end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 8 – paragraph 1

1. This section shall apply to harmonised radio spectrum ~~for wireless broadband communications~~.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 8 – paragraph 3

3. In the exercise of powers conferred in this section, the Commission shall take utmost account of any relevant opinion issued by the Radio Spectrum Policy Group (RSPG) established by Commission Decision 2002/622/EC28 . __________________ 28 Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (OJ L 198, 27.07.2002, p. 49).deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 8 – paragraph 3

3. In the exercise of powers conferred in this section, the Commission shall take utmost account of any relevant opinion issued by the Radio Spectrum Policy Group (RSPG) established by Commission Decision 2002/622/EC28. __________________ 28 Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (OJ L 198, 27.07.2002, p. 49).BEREC. __________________

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 8 a (new)

Article 8 a Harmonisation of certain aspects relating to transfer or lease of individual rights to use radio frequencies and their duration 1. Without prejudice to the application of competition rules to undertakings, the following shall apply with respect to the transfer or lease of rights of use of spectrum, or parts thereof, identified in Article 6(8) of Decision No 243/2012/EU, Member States shall make current details of all such rights of use publicly available in a standardised electronic format; 2. Any administrative charge imposed on undertakings in connection with processing an application for the transfer or lease of spectrum shall, in total, cover only the administrative costs, including ancillary steps such as the issuance of a new right of use, incurred in processing the application. Any such charges shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges. Article 12(2) of Directive 2002/20/EC shall apply to charges imposed under this paragraph. 3. All rights of use of spectrum shall be granted with a minimum duration of 30 years. Member States may grant rights of use of indefinite duration. 4. Member States may provide for proportionate and non-discriminatory withdrawal of rights, including those with a 30 year minimum duration, in order to ensure the efficient use of spectrum including, but not limited to, spectrum management purposes; national security; breach of licence; harmonised change of use of a band; and non-payment of fees. The duration of all existing rights of use of spectrum is hereby extended to 30 years from their date of grant, without prejudice to other conditions attached to the right of use and to rights of use of indefinite duration. 5. The introduction of minimum 30 year licence duration should not impede the ability of regulators to issue temporary licences and licences for secondary uses in a harmonised band.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 9

~~[...]~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 10

~~[...]~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 11

~~[...]~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

In order to ensure a coherent implementation of paragraph 1 throughout the Union and in particular to enable the synchronised availability of wireless services within the Union, ~~the Commission may, by way of implementing act~~BEREC shall, by way of guidelines:

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 3

3. The Commission may also adopt implementing acts harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands, which already exist at the date of adoption of such acts, with a view to synchronising throughout the Union the date for renewal or reassignment of rights of use for such bands, including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). Where implementing acts provided for in this paragraph define a harmonised date for renewal or reassignment of rights of use of radio spectrum which falls after the date of expiry or renewal of any existing individual rights of use of such radio spectrum in any of the Member States, the national competent authorities shall extend the existing rights until the harmonised date under the same previously applicable substantive authorisation conditions, including any applicable periodic fees. Where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use, national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances, including the imposition of additional fees. These additional fees shall be based on an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration. The implementing acts provided for in this paragraph shall not require the shortening of the duration of existing rights of use in any Member State except in accordance with Article 14(2) of Directive 2002/20/EC and shall not apply to existing rights of indefinite duration. Where the Commission adopts an implementing act pursuant to paragraph 2, it may apply the provisions of this paragraph mutatis mutandis to any rights of use of the harmonised band concerned for wireless broadband.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 4

4. When adopting the implementing acts provided for in paragraphs 2 and 3, the Commission shall have regard to: (a) the regulatory principles set out in Article 9 ; (b) objective variations across the Union in the needs for additional radio spectrum for wireless broadband provision, while taking into account common radio spectrum needs for integrated networks covering several Member States; (c) the predictability of operating conditions for existing radio spectrum users; (d) the take-up, development and investment cycles of successive generations of wireless broadband technologies; (e) end-user demand for high-capacity wireless broadband communications. In determining timetables for different categories of Member States which have not already granted individual rights of use and allowed actual use of the harmonised band in question, the Commission shall have due regard to any submissions made by Member States regarding the way radio spectrum rights have been historically granted, the grounds of restriction provided for in in Article 9(3) and (4) of Directive 2002/21/EC, the possible need to vacate the band in question, the effects on competition or geographical or technical constraints, taking into account the effect on the internal market. The Commission shall ensure that implementation is not unduly deferred and that any variation in timetables between Member States does not result in undue differences in the competitive or regulatory situations between Member States.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 5

5. Paragraph 2 shall be without prejudice to the right of the Member States to grant rights of use for and to allow actual use of a harmonised band before the adoption of an implementing act in respect of that band, subject to compliance with the second subparagraph of this paragraph, or in advance of the harmonised date established by an implementing act for that band. Where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band, they shall define the conditions of such grant, and in particular those relative to duration, in such a way that beneficiaries of the rights of use are made aware of the possibility that the Commission would adopt implementing acts in accordance with paragraph 2 establishing a minimum duration of such rights or a synchronised expiry or renewal cycle for the Union as a whole. This subparagraph shall not apply to the grant of rights of indefinite duration.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 12 – paragraph 6

6. For the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2, national competent authorities shall provide timely and sufficiently detailed information to the Commission on their plans to ensure compliance. The Commission may adopt implementing acts defining the format and procedures for the provision of such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). Where the Commission considers, upon reviewing such detailed plans provided by a Member State, that it is unlikely that the Member State in question will be able to comply with the timetable applicable to it, the Commission may adopt a decision by means of implementing act requiring that Member State to adapt its plans in an appropriate way to ensure such compliance.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 2

2. National competent authorities and the Commission may make comments to the competent authority concerned within a period of two months. The two-month period shall not be extended. When assessing the draft measure in accordance with this Article, the Commission shall have regard in particular to: (a) the provisions of Directives 2002/20/EC and 2002/21/EC and Decision No. 243/2012/EC; (b) the regulatory principles set out in Article 9; (c) the relevant criteria for certain specific conditions set out in Article 10 and the additional provisions set out in Article 11; (d) any implementing act adopted in accordance with Article 12; (e) coherence with recent, pending or planned procedures in other Member States, and possible effects on trade between Member States. If, within this period, the Commission notifies the competent authority that the draft measure would create a barrier to the internal market or that it has serious doubts as to its compatibility with Union law, the draft measure shall not be adopted for an additional period of two months. The Commission shall also inform the competent authorities of the other Member States of the position it has taken on the draft measure in such a case.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 3

3. Within the additional two-month period referred to in paragraph 2, the Commission and the competent authority concerned shall cooperate closely to identify the most appropriate and effective measure in the light of the criteria referred to in paragraph 2, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 4

~~4. At any stage during the procedure, the competent authority may amend or withdraw its draft measure taking utmost account of the Commission's notification referred to in paragraph 2.~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 5

5. Within the additional two-month period referred in paragraph 2, the Commission may: a) present a draft decision to the Communications Committee requiring the competent authority concerned to withdraw the draft measure. The draft decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted as notified, together where necessary with specific proposals for amending the draft measure; or b) take a decision changing its position in relation to the draft measure concerned.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 6

6. Where the Commission has not presented a draft decision referred to in paragraph 5(a) or takes a decision referred to in paragraph 5(b), the competent authority concerned may adopt the draft measure. Where the Commission has presented a draft decision referred to in accordance with paragraph 5(a), the draft measure shall not be adopted by the competent authority for a period not exceeding six months from the notification sent to the competent authority pursuant to paragraph 2. The Commission may decide to change its position in relation to the draft measure concerned at any stage of the procedure, including after the submission of a draft decision to the Communications Committee.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 7

7. The Commission shall adopt any decision requiring the competent authority to withdraw its draft measure by means of implementing acts. Those implementing act shall be adopted in accordance with the examination procedure referred to in Article 33(2).deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 8

8. Where the Commission has adopted a decision in accordance with paragraph 7, the competent authority shall amend or withdraw the draft measure within six months of the date of notification of the Commission's decision. When the draft measure is amended, the competent authority shall undertake a public consultation where appropriate, and shall make the amended draft measure accessible to the Commission in accordance with paragraph 1.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 9

9. The competent authority concerned shall take the utmost account of any comments of competent authorities of the other Member States and the Commission and may, except in cases covered by the third sub-paragraph of paragraph 2, by the second sub-paragraph of paragraph 6 and by paragraph 7, adopt the resulting draft measure and where it does so, shall communicate it to the Commission.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 13 – paragraph 10

~~10. The competent authority shall inform the Commission of the results of the procedure to which its measure relates once that procedure has been concluded.~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

National competent authorities shall allow the deployment, connection and operation of unobtrusive small-area wireless access points ~~under the general authorisation regime~~ and shall not unduly restrict that deployment, connection or operation through individual town planning permits or in any other way, whenever such use is in compliance with implementing measures adopted pursuant to paragraph 2.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2

~~This paragraph is without prejudice to~~(a) the existing rights of use for licensed spectrum, for which the existing leasing and sharing regimes referred to in Art. 10(6) shall apply. (b) the authorisation regime for the radio spectrum employed to operate small-area wireless access points.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

For the purposes of the uniform implementation of the ~~general authorisation regime for the~~ deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission may, by means of an implementing act, specify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The operation of small-area wireless access points in spectrum with dedicated granted usage rights shall be managed by the respective authorised person or undertaking. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small- area wireless access points. Those technical characteristics for use of small- area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and ~~with~~Directive 1999/5/EC taking into account the thresholds defined in Council Recommendation No 1999/519/EC.31 __________________ 30 Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1). 31 Recommendation 1999/519/EC of the Council of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59).

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2

The technical characteristics specified in order for the deployment, connection and operation of small-area wireless access point to benefit from paragraph 1 shall be without prejudice to the essential requirements of Directive 1999/5/EC of the European Parliament and the Council relative to the placing on the market of such products.32 __________________ 32 Directive 1999/5/EC of the European Parliament and the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10).

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1

End-users shall be free to access and distribute information and content, run applications and use services of their choice ~~via their internet access service~~, irrespective of their origin or destination, via their internet access service. Internet access service providers shall not restrict or prevent the use by end-users of any terminal equipment to access and distribute information and content via their internet access service. This is without prejudice to the rights of Member States to grant individual rights of use under Article 5 of Directive 2002/20/EC. Providers of electronic communications to the public shall ensure that end-users are able to run any application utilising the electronic communication function of the internet without any form of restriction on the content exchanged, except for the purposes of reasonable traffic management measures or to implement a court order.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2

In order to enable the provision of specialised services to end-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 mannerProviders of electronic communication services or providers of content, applications and services shall be allowed to offer specialised services provided that such offers are in addition to internet access services and are not to the ~~gen~~material ~~quality of internet access services~~detriment of their affordability or quality.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2 a (new)

For national authorities to be able to assess such potential material detriment, providers of electronic communications services or providers of content, applications and services shall transmit to the national authorities, upon request, precise information regarding the capacities assigned to the two types of services.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

5. Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Furthermore, traffic management measures shall not be applied in such a way as to discriminate against services competing with those offered by the provider of internet access. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate ~~and necessary to:~~

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a

~~(a) implement a legislative provision or a court order, or prevent or impede serious crimes;~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b

~~(b) preserve the integrity and security of the network, services provided via this network, and the end-users' terminals;~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c

~~(c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d

~~(d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.~~deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2

Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. By 1st January 2015, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable traffic management measures, on the basis of this Article.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 24 – paragraph 1

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms 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 diversityIn exercising their powers under Article 30a with respect to Article 23, national regulatory authorities shall closely monitor the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology. National regulatory authorities shall publish reports on a regular basis regarding their monitoring and fin~~novation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings~~dings, and provide those reports to the Commission and BEREC.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 24 – paragraph 3

3. TBEREC shall, after consulting stakeholders and in cooperation with the Commission m, lay ado~~pt implementing act~~wn guidelines defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 34 a (new)

Article 34a Amendments to Directive 2002/19/EC Directive 2002/19/EC is amended as follows: Article 13 paragraph 2a (new), the following paragraph is added: Where a national regulatory authority is considering whether or not to impose or maintain price controls in accordance with paragraph 1 for wholesale access to next-generation networks, it shall consider the state of competition in the retail market. In the presence of an effective protection against discrimination at wholesale level and of a demonstrable pricing constraint from either infrastructure-based competition from competing next-generation fixed line or wireless networks or regulated access products on the copper network the national regulatory authority shall lift price controls for wholesale access for next generation networks.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 35 – paragraph 1 – point 2 – point a

Directive 2002/21/EC
Article 7a

– (a) in paragraph 1, the first sub- paragraph is replaced by the following: 1. Where an intended measure covered by Article 7(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 16 of this Directive in conjunction with Article 5 and Articles 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission may, within the period of one month provided for by Article 7(3) of this Directive, notify the national regulatory authority concerned and BEREC of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Union law, taking into account as appropriate any Recommendation adopted pursuant to Article 19(1) of this Directive concerning the harmonised application of specific provisions of this Directive and the Specific Directives. In such a case, the draft measure shall not be adopted for a further three months following the Commission’s notification.deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 35 – paragraph 1 – point 3 – point a

Directive 2002/21/EC
Article 15

– (a) the following sub-paragraph is inserted between the first and second sub- paragraphs of paragraph 1: In assessing whether a given market has characteristics which may justify the imposition of ex-ante regulatory obligations, and therefore has to be included in the Recommendation, the Commission shall have regard in particular to the need for convergent regulation throughout the Union, to the need to promote efficient investment and innovation in the interests of end users and of the global competitiveness of the Union economy, and to the relevance of the market concerned, alongside other factors such as existing infrastructure- based competition at retail level, to competition on the prices, choice and quality of products offered to end users. The Commission shall consider all relevant competitive constraints, irrespective of whether the networks, services or applications which impose such constraints are deemed to be electronic communications networks, electronic communications services, or other types of service or application which are comparable from the perspective of the end-user, in order to determine whether, as a general matter in the Union or a significant part thereof, the following three criteria are cumulatively met: (a) the presence of high and non- transitory structural, legal or regulatory barriers to entry; (b) the market structure does not tend towards effective competition within the relevant time horizon, having regard to the state of infrastructure-based and other competition behind the barriers to entry; (c) competition law alone is insufficient to adequately address the identified market failure(s).deleted

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 37 – point 4

Regulation (EU) No 531/2012
Article 4 a (new)

~~This Article shall apply to roaming providers which:~~ 1. Providers of roaming services shall be entitled to limit the consumption of regulated retail roaming services at the applicable domestic service rate by reference to a reasonable use criterion. Any reasonable use criterion shall be applied in such a way that consumers availing themselves of the roaming provider’s various domestic retail packages are in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union. A roaming provider availing itself of this possibility shall publish, in accordance with Article 26(1)(b) of Regulation XXX/2014, and include in its contracts, in accordance with Article 26(1)(b) and (c) of that Regulation, detailed information on how the reasonable use criterion is applied, by reference to the main pricing, volume or other parameters of the retail package in question. 2. By 31 December 2014, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers availing themselves of this Article. BEREC shall develop such guidelines by reference to the overall objective in paragraph 1, and shall have regard in particular to the evolution of pricing and consumption patterns in the Member States, to the degree of convergence of domestic price levels across the Union, to any observable effect of roaming at domestic service rates on the evolution of such rates, and to the evolution of wholesale roaming rates for unbalanced traffic between roaming providers. 3. The competent national regulatory authority shall monitor and supervise the application of the reasonable use criteria, taking utmost account of the BEREC guidelines once they are adopted, and shall ensure that unreasonable terms are not applied.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 37 – point 4

Regulation (EU) No 531/2012
Article 6a

With effect from 1 July 2016, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming customers for any regulated roaming call made or received, for any regulated roaming SMS message sent, for any roaming MMS message sent or for any regulated data roaming services used or any general charge to enable the terminal equipment or service to be used abroad.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 37 – point 8 – point a – point i

Regulation (EU) No 531/2012
Article 8a (new)

1. The Commission shall review the functioning of this rRegulation and shall report to the European Parliament and the Council in accordance with paragraphs 2 to 6. 2. The Commission shall, by 1 July 2015, after a public consultation, ~~shall~~ report to the European Parliament and the Council ~~by 31December 2016 at the l~~on whether to change the duration or revise the level of maximum wholesale charges provided for in Articles 7, 9 and 12, also taking into account termination ratest.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 38 a (new)

Decision No 243/2012/EU
Article 4 – paragraph 6a (new)

Article 38a Amendments to Decision No 243/2012/EU When establishing the structure of the licence fees payable for the allocation of spectrum, national competent authorities shall ensure that the chosen fee structure minimises the time to make new network and services available to consumers and citizens by: (a) considering the relative merits of alternative fee structures, including the payment of recurring annual fees for the duration of the licence, in terms of the impact they have on investments, innovation and the availability of a particular service throughout the European Union; and (b) considering to initiate the collection of such fees from the date of the launch of the services which rely upon the allocated spectrum.

2013/12/19
Committee: ITRE

Giles CHICHESTER

Proposal for a regulation
Article 39 – paragraph 1 – point a (new)

(a) The review shall include the Commission Recommendation of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex- ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services including the ‘three criteria’ test. The Commission Recommendation of 17 December 2007 on relevant product and service markets shall remain in force until the comprehensive review of the regulatory framework;

2013/12/19
Committee: ITRE