Activities of Paul RÜBIG related to 2008/0187(COD)
Plenary speeches (1)
Amendment of Regulation (EC) No 717/2007 (mobile telephone networks) and Directive 2002/21/EC (electronic communications) (debate)
Amendments (20)
Amendment 25 #
Proposal for a regulation – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Where charge limits are not denominated in euros, the applicable charge limits for the initial limits laid down in Articles 3, 4a, 4b, 6a and the revised values of the limits laid down in Articles 3(2) and 4(2) should be determined in the relevant currency by applying the reference exchange rates published in the Official Journal of the European Union on the dates specified in this Regulation. Where there is no publication on the date specified, the applicable reference exchange rates should be those published in the first Official Journal of the European Union following this date which contains such reference exchange rates.
Amendment 27 #
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) The practice by some mobile network operators of billing for the provision of wholesale roaming calls on the basis of minimum charging periods of up to 60 seconds, as opposed to the per second basis normally applied for other wholesale interconnection charges, creates a distortion of competition between these operators and those applying different billing methods and undermines the consistent application of the wholesale price limits introduced by Regulation (EC) No 717/2007. Moreover it represents an additional charge which, by increasing wholesale costs, has negative consequences for the pricing of voice roaming services at retail level. Mobile operators should therefore be required to bill for the wholesale provision of regulated roaming calls on a per second basis subject only to the possibility of applying a minimum initial charging period of no more than 30 seconds for calls made.
Amendment 39 #
Proposal for a regulation – amending act
Recital 30
Recital 30
(30) An SMS message is a Short Message Service text message, mainly composed of alphabetical or numerical characters but also capable of containing pictorial characters, which can be sent and received on a mobile or fixed telephone or other mobile or fixed device between mobile and/or fixed numbers assigned in accordance with a national numbering plan. An SMS message is clearly distinct from other messages such as MMS messages or e-mails. In order to ensure that the Regulation is not deprived of its effectiveness and that its objectives are fully met, any changes to the technical parameters of a roaming SMS message which would differentiate it from a domestic SMS message should be prohibited.
Amendment 44 #
Proposal for a regulation – amending act
Recital 35
Recital 35
(35) In addition, in order to avoid bill shocks, mobile operators should offer all their roaming customers, free of charge, an opportunity to specify in advance a maximumdefine one or more maximum monthly usage and/or financial limits for their outstanding charges for data roaming services (the ‘cut-off limit’ facility) which they should offer to all their roaming customers, free of charge, with an appropriate warning message when this limit is approached. Upon this maximum limit being reached, the data roaming service should be terminated unless the customer specifically requests its continued provision.
Amendment 49 #
Proposal for a regulation – amending act
Recital 40
Recital 40
(40) This common approach should nevertheless be maintained for a limited time period but may, in the light of a review to be carried out by the Commission, be further extended or amended. The Commission should review the effectiveness of Regulation (EC) No 717/2007 as amended by this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market, while keeping in mind its impact on the smaller mobile communications providers in the Community and their position in the Community-wide roaming market. in the light of its objectives of removing excessive prices for Community-wide roaming services, achieving a high level of consumer protection, fostering competition between mobile operators, and offering incentives for innovation and consumer choice. The Commission should also consider the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market. The Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Community and their position in the Community-wide roaming market. In that context, the Commission should pay particular attention to developments and trends in wholesale charges for data roaming services in relation to the safeguard wholesale limit provided for in this Regulation. The Commission should evaluate the extent to which competition has developed for the provision of roaming services, taking into account inter alia, developments in charges for mobile roaming services, products and offers available for roaming services, the quality of service provided and the impact of technological developments on the provision of roaming services, including substitution by new services such as Voice over Internet Protocol (VoIP). The Commission should also assess whether the regulation of roaming services could be appropriately covered within the regulatory framework for electronic communications.
Amendment 59 #
Proposal for a regulation – amending act
Article 1 – point 3 – point g
Article 1 – point 3 – point g
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) 'SMS message' means a Short Message Service text message, composed principally of alphabetical and/or numerical characters, capable of being sent between mobile and/or fixed numbers assigned in accordance with the national numbering plans;
Amendment 68 #
Proposal for a regulation – amending act
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Regulation (EC) No 717/2007
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23, EUR 0.20 and EUR 0.17 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively on 1 July 2010 and shall remain at EUR 0.23 until the expiry of this Regulation.
Amendment 73 #
Proposal for a regulation – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 717/2007
Article 3 – paragraph 3 – subparagraph 2 a (new)
Article 3 – paragraph 3 – subparagraph 2 a (new)
By way of derogation from the second subparagraph the home provider may apply an initial minimum charging period not exceeding 30 seconds to regulated roaming calls made. Mobile operators shall provide voice roaming wholesale services upon reasonable request and on reasonable and non-discriminatory conditions.
Amendment 78 #
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.40, EUR 0.37, and EUR 0.34 and for calls received to EUR 0.16, EUR 0.13 and EUR 0.10, on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectivelyon 1 July 2010 and shall remain at these levels until the expiry of this Regulation.
Amendment 100 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
It shall also include the free-of-charge number referred to in paragraph 2 for obtaining more detailed information and information on the possibility of accessing emergency services by dialling the European emergency number 112 free-of- charge.
Amendment 111 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 2 – subparagraph 1
Article 6 a – paragraph 2 – subparagraph 1
2. From 1 July 2009 at the latest, an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except when the customer has notified his home provider that he does not require this information.
Amendment 113 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 2 – subparagraph 2
Article 6 a – paragraph 2 – subparagraph 2
2. Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 119 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1
Article 6a – paragraph 3 – subparagraph 1
3. By 31 JulyDecember 20109 at the latest, the home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit, expressed in volume and/or in the currency in which the roaming customer is billed, for their outstanding charges for regulated data roaming services. To this end, the home provider shall make available one or more maximum usage and/or financial limits for specified periods of use. In order to ensure a high level of consumer protection, one of these maximum usage and/or financial limits offered shall not exceed [x] megabytes (corresponding to EUR 50) or EUR 50 (excluding VAT) per monthly billing period.
Amendment 138 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
When this Cut-Off Limit is reached, the home provider shall, either automatically or on the request of a customer, immediately cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 146 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3
Article 6a – paragraph 3 – subparagraph 3
Amendment 165 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point c
Article 6a – paragraph 4 – point c
(c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data actually consumed by the provision of those services within that period, aggregated on a per kilobyte basis.
Amendment 170 #
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 a (new)
Article 6a – paragraph 4 a (new)
Amendment 181 #
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall review the functioning of this Regulation and, after a full consultation, shall report to the European Parliament and the Council no later than 31 December 20110. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In its reportso doing, the Commission shall review, inter alia: – the developments in wholesale and retail charges and for the provision to roaming customers of voice and data communication services , including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these servicesfor pre-paid and post-paid customers separately; as well as in the quality and speed of these services, including the real benefits for roaming customers in terms of price reductions; – the availability and quality of alternative services to roaming (voice and SMS), for example VoIP or any evolution of it; – other possible alternatives to achieving a competitive situation for wholesale and retail roaming services, for example reasonable non-discrimination provisions for the wholesale market or the possibility for the roaming customer to chose between operators, other then the home operator, without having to change phone number; – the degree of competition including the competitive situation of smaller, independent or newly started operators; The Commission shall also assess future aspects of price developments without regulation and analyse alternative solutions for creating a competitive internal market for roaming, for example an independent body of regulators at EU level which would play an active role in the roaming sector. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 187 #
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In its report, the Commission shall assess whether, in the light of the matters referred to in paragraph 1 and other relevant developments in the market including the quality of service provided, and with regard to both competition and consumer protection, there is need to extend the duration of this Regulation beyond the period set out in Article 13 or to amend it further, taking into account the developments in charges for mobile voice and data communication services at national level and the effects of this Regulation across different parts of the Community and also on the competitive situation of smaller, independent or newly started operators. In the light of its findingsis Regulation should expire, be repealed, be amended or extended in whole or in part, beyond the period set out in Article 13. In the light of its findings and after taking into consideration alternative methods of regulation, including the possibility of regulating roaming under the electronic communications regulatory framework, the Commission may submit a proposal to the European Parliament and the Council.
Amendment 191 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 717/2007
Article 13 – subparagraph 2
Article 13 – subparagraph 2
16. In Article 13 "2010" is replaced by ", the second subparagraph shall be replaced by the following: "It shall expire on 31 December 20131".