43 Amendments of Anne SANDER related to 2016/0288(COD)
Amendment 171 #
Proposal for a directive
Recital 15
Recital 15
(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining theallows to include transmission services falling into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals, the third category excluding services which qualify as interpersonal communication services as defined in pargraph (5) of Article 2 of the present Code, information society services, as defined in Article 1 of Directive 98/34/EC and as services providing, or excercising editorial control over, content transmitted using electronic communications networks and services. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . _________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1
Amendment 179 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and, end-user and citizens interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective, sustainable and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the long term interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas, while ensuring economic development in Europe supported by the competitiveness of European industry.
Amendment 215 #
Proposal for a directive
Recital 93
Recital 93
(93) Where the provision of electronic communications relies on public resources whose use is subject to specific authorisation, Member States may grant the authority competent for issuance thereof the right to impose fees to ensure optimal use of those resources, in accordance with the procedures envisaged in this Directive. Such use can be ensured by setting the fees at a level reflecting the value of the spectrum at its next best use. In line with the case-law of the Court of Justice, Member States cannot levy any charges or fees in relation to the provision of networks and electronic communications services other than those provided for by this Directive. In that regard, Member States should have a coherent approach in establishing those charges or fees in order not to provide an undue financial burden linked to the general authorisation procedure or rights of use for undertakings providing electronic communications networks and services.
Amendment 216 #
Proposal for a directive
Recital 95
Recital 95
(95) In line with their role of ensuring optimal use of radio spectrum, fees linked to rights of use for radio spectrum can influence decisions about whether to seek such rights and put into use radio spectrum resources. When setting reserve prices as a means to determine the minimum valuation ensuring optimal use, Member States should therefore ensure that such prices, irrespective of the type of selection procedure used, also reflect and be proportionate to the additional costs associated with the fulfilment of authorisation conditions imposed to further policy objectives that would not reasonably be expected to be met pursuant to normal commercial standards, such as territorial coverage conditions. In doing so, regard should also be had to the competitive situation of the market concerned.
Amendment 238 #
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the firsta distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteriaall be determined by the national regulatory authority. In determining the location of this point, national regulatory authorities shall weigh the benefits resulting from infrastructure competition and the need to avoid inefficient replication of network elements.
Amendment 244 #
Proposal for a directive
Recital 140
Recital 140
(140) It could be justified to extend access obligations to wiring and cables beyond the firsta concentration point in areas with lower population density, while confining such obligations to points as close as possible to end-users,determined by the national regulation authority, in areas with lower population density where it is demonstrated that replication would also be economically unviable or physically impossible beyond that first concentration point
Amendment 281 #
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open callconcludes an agreement for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 283 #
Proposal for a directive
Recital 190
Recital 190
(190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale-only operators can be designated with significant market power in particular product and geographic markets. The competition risks arising from the behaviour of operators following wholesale-only business models might be lower than for vertically integrated operators, provided the wholesale-only model is genuine and no incentives to discriminate between downstream providers exist. The regulatory response should therefore be commensurately less intrusive. On the other hand, national regulatory authorities must be able to intervene if competition problems have arisen to the detriment of end-users.
Amendment 313 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving locationpremises or which is capable of delivering under usual peak-time conditions similarat least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 315 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in Article 1 of Directive 98/34/EC and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States and, BEREC and the Commission shall also contribute to the achievement of these objectives.
Amendment 363 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promote sustainable competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by promoting the Union competitiveness and economic development, also through the digitalization of the industry, by ensuring a high and common level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 420 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.
Amendment 445 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 457 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
a three-year forecast of the reach of at least fixed broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.
Amendment 484 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.
Amendment 529 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 552 #
Proposal for a directive
Article 35 – paragraph 4 – point c a (new)
Article 35 – paragraph 4 – point c a (new)
(c a) the principles of service and technological neutrality and of effective and efficient use of spectrum;
Amendment 557 #
Proposal for a directive
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Two or several Member States may cooperate with each other and with the Commission and BEREC to meet their obligations under Articles 13, 46 and 54, by jointly establishing the common aspects of an authorisation process and also jointly or through the Commission or BEREC and RSPG, conducting the selection process to grant individual rights of use for radio spectrum in line, where applicable with any common timetable established in accordance with Article 53. The joint authorisation process shall meet the following criteria:
Amendment 558 #
Proposal for a directive
Article 37 – paragraph 1 – point d a (new)
Article 37 – paragraph 1 – point d a (new)
(d a) it shall provide for the manner in which the Member States concerned will reach a common position for the granting of the individual rights.
Amendment 587 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Member States shall ensure that reserve prices established as minimum fees for rights of use for radio spectrum reflect and be proportionate to the additional costs entailed by conditions attached to these rights in pursuit of the objectives under Articles 3, 4 and 45(2), such as coverage obligations that would fall outside normal commercial standards, in accordance with paragraph 1 or the value of the spectrum for its next best use.
Amendment 615 #
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
(d a) the promotion of interconnection in Europe along major transport paths.
Amendment 635 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point e a (new)
Article 46 – paragraph 1 – subparagraph 2 – point e a (new)
(e a) requirements for coverage and performance of mobile network along all major roads and railways;
Amendment 637 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part
Article 46 – paragraph 1 – subparagraph 3 – introductory part
When applying a general authorisation or individual rights taking in account measures adopted under Decision No 676/2002/EC where the radio spectrum band concerned has been harmonised, Member States shall seek to minimiseavoid problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use. In so doing, they shall have regard to the need:
Amendment 675 #
Proposal for a directive
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Member States may without prejudice to Article 53,extend the duration of rights of use for a short period of time to ensure the simultaneous expiry of rights in one or several bands, which shall be as short as possible.
Amendment 677 #
Proposal for a directive
Article 50 – paragraph 2 – point a a (new)
Article 50 – paragraph 2 – point a a (new)
(a a) the need to avoid service disruption with detrimental impact on users' experience;
Amendment 678 #
Proposal for a directive
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) review of the appropriate icomplementation ofiance with the conditions attached to the right concerned;
Amendment 681 #
Proposal for a directive
Article 50 – paragraph 2 – point f
Article 50 – paragraph 2 – point f
(f) the need to avoid severe service disruptionlikely effects on existing and future investments by the right holder.
Amendment 683 #
Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
If as a result of the consultation pursuant to the first subparagraph, there is clear evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, that would result in more effective and efficient use, the competent authority shall grant the rights pursuant to Article 54 if there are alternatives available.
Amendment 685 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities, after having completed a proper market assessment, may whenever it is indispensable to ensure competition may take appropriate measures such as:
Amendment 691 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b
Article 52 – paragraph 2 – subparagraph 1 – point b
(b) reserving, if appropriate in regard to an exceptional situation in the national market, a certain part of a frequency band or group of bands for assignment to new entrantscertain types of authorisation holders or applicants. Such reservation shall take due account of all elements relevant to the market and operators concerned, including the overall position of the beneficiary of the reservation of rights across all possible activities likely to benefit from such reservation;
Amendment 695 #
Proposal for a directive
Article 52 – paragraph 3
Article 52 – paragraph 3
3. When applying paragraph 2, national regulatory authorities shall act in accordance with the procedures provided in Articles 3,18, 19, 23 and 35 of this Directive.
Amendment 743 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the firsta concentration or distribution point where that point is located outside the buildingas close as possible to end-users, determined by the national regulatory authority, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and services, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Amendment 755 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriersmentioned to the first subparagraph where such network element would be economically unviable or physically impossible to replicatione in areas with lower population density.
Amendment 758 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Amendment 772 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
(a) athe existence of viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and
Amendment 780 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b
Article 59 – paragraph 2 – subparagraph 3 – point b
(b) in the case of recently deployed network elements, in particular by smaller local projects, the impact of granting of that access would compromiseon the economic or financial viability of their deployment.
Amendment 1009 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part
Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shallmay determine not to impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:
Amendment 1018 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open to co-investment offersagreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;
Amendment 1032 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processeagreements referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processeagreements comply with the criteria set out in Annex IV.
Amendment 1048 #
Proposal for a directive
Article 77 – paragraph 2
Article 77 – paragraph 2
2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or67, 70, 71 and 712.