BETA

12 Amendments of Hannes SWOBODA related to 2007/0247(COD)

Amendment 217 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
(s) "harmful interference" means interference which endangers the functioning of an electronic communications service, such as the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radion electronic communications service operating in accordance with the applicable Community or national regulations.
2008/05/30
Committee: ITRE
Amendment 726 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 727 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
(a) avoid a serious risk of harmful interference; ordeleted
2008/06/10
Committee: ITRE
Amendment 737 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
(b) fulfil other objectives of general interest.deleted
2008/06/10
Committee: ITRE
Amendment 744 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 746 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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).
2008/06/10
Committee: ITRE
Amendment 748 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2
Without prejudice to specific criteria defined in advance by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be open, except in cases where the granting of individual rights of use for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.
2008/06/10
Committee: ITRE
Amendment 757 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Any individual right to use radio frequencies that is granted for ten years or more and that may not be transferred or leased between undertakings as a allowed by Article 9b of the Framework Directive shall, every five years and for the first time five years after its issuance, be subject to a review in the light of the criteria in paragraph 1. If the criteria to grant individual rights of use are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice of not more than five years from the conclusion of the reviewa reasonable period that is at least as long as the period for which the individual right of use was granted, or shall be made freely transferable or leaseable between undertakings.
2008/06/10
Committee: ITRE
Amendment 770 #
Proposal for a directive – amending act
Article 3 – point 4 – point a
Directive 2002/20/EC
Article 6 – paragraph 1
1. TIn the case of a general authorisation, the general authorisation for the provision of electronic communications networks or services and the rights of use for radio frequencies and rights of use for numbers may be subject only to the management of harmful interferences and the conditions listed in Annex I. Such conditions shall be non-discriminatory, proportionate and transparent and, in the case of rights of use for radio frequencies, shall be in accordance with Article 9 of Directive 2002/21/EC (Framework Directive).
2008/06/10
Committee: ITRE
Amendment 801 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 2 – subparagraph 2
2. The Commission shall assess the justification for the request, taking into account the specific situation in the Member State, and may grant a partial exemption or temporary derogation or both provided this does no unduly defer the implementation of the implementing measures referred to in paragraph 1 or create undue differences in the competitive or regulatory situations between Member States.deleted
2008/06/10
Committee: ITRE
Amendment 802 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 3
3. In implementing the provisions of this Article, the Commission may be assisted by the European Electronic Communications Market Authority (hereinafter referred to as ‘the Authority’). The Commission shall take the utmost account of the opinion of the Authority, if any, submitted in accordance with Article 11 of Regulation [ ].deleted
2008/06/10
Committee: ITRE
Amendment 805 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6b
Common selection procedure for issuing 1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the Authority to make proposals for the selection of undertaking(s) to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [...]. In such cases, the measure shall specify the period within which the Authority shall complete the selection, the procedure, rules and conditions applicable to the selection, and details of any charges and fees to be imposed on the holders of rights for use of radio frequencies and/or numbers, in order to ensure the optimal use of spectrum or numbering resources. The selection procedure shall be open, transparent, non-discriminatory and objective. 2. Taking the utmost account of the opinion of the Authority, the Commission shall adopt a measure selecting the undertaking(s) to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).Article 6 b deleted rights
2008/06/10
Committee: ITRE