Activities of Paul RÜBIG related to 2007/0247(COD)
Plenary speeches (1)
Electronic communication networks and services (debate)
Amendments (41)
Amendment 90 #
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) The sector-specific ex-ante market regulation under this framework serves the transition from former monopolies into a competitive market for electronic communications networks and services. As soon as markets are competitive, ex- ante regulation should not be continued and Community and national competition law should solely apply. With growing competitive dynamics on European electronic communications markets the potential benefits of sector-specific ex- ante price and access regulation decrease significantly over time. To ensure a timely transition to the sole application of Community and national competition law, the provisions of this framework on sector-specific ex-ante regulation should expire on a defined date unless the Commission demonstrates that continued ex-ante regulation will still be warranted after that date.
Amendment 123 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
Amendment 169 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non-discrimination in several of the markets concernedmarkets, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinatedn analysis of differenta relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 228 #
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 3 – subparagraph 3a (new)
Article 3 – paragraph 3 – subparagraph 3a (new)
(3a) The following subparagraph is added in Article 3(3): ‘3a. The national regulatory authorities shall for their part demand only such information and documentation from providers of communications services and/or networks as is necessary for the performance of the duties conferred on them by the Member States.’
Amendment 237 #
Proposal for a directive – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2002/21/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the European Communications Market Authority (hereinafter referred to as 'the Authority')BERT on an annual basis.
Amendment 241 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shallmay also be required to submit information concerning future network or service developments that, where these have already reached a pre- implementation stage and it seems likely that they could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information.
Amendment 248 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. National regulatory authorities shall contribute to the development of the Internal Market by working with the Commission and in the Authorityframework of BERT so as to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular, work within the Commission and the Authorityframework of BERT to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace.
Amendment 263 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure. BERT shall draw up a recommendation as to the form to be taken by the regulatory measure. This recommendation shall be submitted to the national regulatory authority. The NRA shall take proper account of this recommendation, but may depart from it. Any such departure must be amply justified to the Commission and BERT.
Amendment 295 #
Proposal for a directive – amending act
Article 1 – point 8 – point a
Article 1 – point 8 – point a
Directives 2002/21/EC
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Unless otherwise provided in Article 9 regarding radio frequencies, or unless otherwise necessary to achieve the objectives of paragraphs 2 to 4, Member States shall take the utmost account of the desirability of making regulations on each of the clearly-defined relevant markets technologically neutral and shall ensure that, in carrying out the regulatory tasks specified in this Directive and the Specific Directives, in particular those designed to ensure effective competition, national regulatory authorities do likewise.
Amendment 296 #
Proposal for a directive – amending act
Article 1 – point 8 – point a
Article 1 – point 8 – point a
Directives 2002/21/EC
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
a) ensuring that users, including disabled users, elderly users, and users with special social needs derive maximum benefit in terms of choice, price, and quality, and that any additional net costs suppliers can show they have incurred as a result of the imposition of such public service obligations are compensated for;
Amendment 300 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content;
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 8 – point c
Article 1 – point 8 – point c
Directives 2002/21/EC
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
d) working within the Commission and the Authorityframework of BERT so as to ensure the development of consistent regulatory practice which also takes account of the objectives of this Directive with due regard to the specific conditions on the individual national markets, and the consistent application of this Directive and the Specific Directives .
Amendment 334 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) avoid harmful interferences caused by lack of coordination between Member States and operators occupying neighbouring bands,
Amendment 359 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 372 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. They shall provide a report thereon which shall be made publicly available.
Amendment 375 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. The Member States intend to split the spectrum of the UHF bands IV/V (470- 862 MHz) into equal shares for further developing broadcasting and mobile communication services. As a first step, Member States shall follow the outcome of the World Radio Conference 2007. The harmonised subband of 790-862 MHz shall be vacated and assigned to mobile broadband services as soon as possible, but not later than six months after the date of entry into force of this Directive. Thereafter, at least one-third of the additional spectrum that will be released in the UHF bands IV/V (470-862 MHz) in the process of the digital switchover of broadcasting services shall be immediately allocated and assigned to mobile broadband networks until the aim referred to in the first subparagraph is met. Frequencies shall be allocated and assigned to mobile broadband networks in a harmonised manner. For this purpose, the necessary planning procedures shall be initiated immediately. At the request of a mobile network operator, the national regulatory authority shall review whether the existing allocations and assignments of radio frequencies issued for the purpose of broadcast content services are necessary for the fulfilment of the objectives referred to in Article 9(4). This review shall be completed within three months. Should those allocations and assignments not be necessary for the fulfilment of those objectives, new allocations to mobile communications services and assignments shall be issued by the national regulatory authority within six months. If there are compelling reasons, the national regulatory authority may extend the time limit after notification to the Commission by an additional three months.
Amendment 382 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 1
Article 9 a – paragraph 1 – subparagraph 1
1. For a period of fivone years starting on [1 January 2010], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4).
Amendment 388 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 3
Article 9 a – paragraph 1 – subparagraph 3
If the right holder withdraws his application, the right shall remain unchanged until its expiry or till the end of the 5 year period, whichever is the earlier date.
Amendment 397 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 3
Article 9 a – paragraph 3
3. After the fivone-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive.
Amendment 467 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles. All exceptions shall be in accordance with Articles 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism.
Amendment 484 #
Proposal for a directive – amending act
Article 1 – point 11 – point -a (new)
Article 1 – point 11 – point -a (new)
Directive 2002/21/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
(-a) Paragraph 1 is replaced by the following: "1. Member States shall ensure that national regulatory authorities control the assignment of all national numbering resources and the management of the national numbering plans. Member States shall ensure that adequate numbers and numbering ranges are provided [...]. Even where services include nomadic functionalities, the availability of both non-geographic and geographic services is essential. National regulatory authorities shall establish objective, transparent and non- discriminatory assigning procedures for national numbering resources."
Amendment 485 #
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2002/21/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. National regulatory authorities shall ensure that numbering plans and procedures are applied in a manner that gives equal treatment to all providers of publicly available electronic communications servicesand users of numbers across the European Union. In particular, Member States shall ensure that an undertaking assigned a range of numbers does not discriminate against other providers of electronic communications serviceand users as regards the number sequences used to give access to their services.
Amendment 487 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. Member States shall support the harmonisation inand availability of numbering resources within the Community where that promotes the functioning of the internal market orit is necessary to supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 505 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an undertaking providing electronic communications networks public or private undertaking has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities, taking due account of the principle of proportionality, shall be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, and manholes and street cabinets.
Amendment 512 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. To ensure that measures taken in accordance with paragraph 1 are proportionate, national regulatory authorities shall investigate the availability of all ducts, including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
Amendment 516 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Member States shall ensure thatcourage undertakings providing public communications networks or publicly available electronic communications services to take appropriate technical and organisational measures to safeguard the security of their networks or services. Having regard to the state of the art, the ability to use the latest innovations, the ability to stay flexible and responsive to threats, and the cost of implementation, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent or minimise the impact of security incidents on users and on interconnected networks.
Amendment 517 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Member States shall ensure thatcourage undertakings providing public communications networks to take all necessary steps to ensure the integrity of their networks so as to ensure the continuity of supply of services provided over those networks.
Amendment 536 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4
Article 13 a – paragraph 4
Amendment 606 #
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1a (new)
Article 25 – paragraph 1a (new)
Amendment 610 #
Proposal for a directive – amending act
Article 1 – point 25 a (new)
Article 1 – point 25 a (new)
Directive 2002/21/EC
Article 29a (new)
Article 29a (new)
(25a) The following Article is inserted: "Article 29a Articles 14 to 16 shall expire on 31 December 2014."
Amendment 616 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
“access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements (including wavelength transfer unless optical fibre capacity can be made available) and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services..
Amendment 644 #
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/19/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
(6a) In Article 9, paragraph 1 is replaced by the following: "1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, restrictions on access to services and applications, traffic management policies, terms and conditions for supply and use, and prices."
Amendment 674 #
Proposal for a directive – amending act
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. Where no voluntary commercial agreement can be concluded, a national regulatory authority may regulate access to new generation access networks whilst ensuring that access seekers bear a reasonable share of the risk incurred by the investing operator. Risk sharing contracts may either include an upfront payment covering the risk premium for a certain amount of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods. Short-term contracts without minimum quantities shall include a price premium which covers the investment risk of the investor under the assumption that the full investment risk is born by him or her. Long-term access contracts shall reflect the time period necessary to allow amortisation of investment costs in new markets."
Amendment 703 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identifiedset out in Articles 9-13 to achieve effective competition following a co- ordinatedn analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed andor would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these producto address competition problems in that markets.
Amendment 707 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
Amendment 725 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – introductory wording
Article 5 – paragraph 1 – introductory wording
1. Member States shall not make the use of radio frequencies subject to the granting of individual rights of use but. They shall include the conditions for usage of such radio frequencies in theunder general authorisation, unless it is justified to grant individual rights in order to: in bands specified for this purpose.
Amendment 728 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 736 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 743 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Member States shall harmonise frequency bands on the basis of common general principles. They shall apply harmonised licensing rules in respect of those frequency bands. National regulatory authorities shall be responsible for that licensing and the specification thereof.
Amendment 745 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Where it is necessary to grant individual rights of use for radio frequencies and numbers, Member States shall grant suchindividual rights, upon request, to any undertaking providing or using networks or services under the general authorisation, subject to the provisions of Articles 6, 6a, 7 and 11(1)(c) of this Directive and any other rules ensuring the efficient use of those resources in accordance with Directive 2002/21/EC (Framework Directive).
Amendment 821 #
Proposal for a directive – amending act
Annex I – point 3 – point ga (new)
Annex I – point 3 – point ga (new)
Directive 2002/20/EC
Annex I – part A – point 19a (new)
Annex I – part A – point 19a (new)
(ga) The following point is added: "19a. Transparency obligations on public communications network providers to ensure end-to-end connectivity, including unrestricted access to content, services and applications, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC, disclosure regarding restrictions on access to services and applications and regarding traffic management policies and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure."