22 Amendments of Edit HERCZOG related to 2013/0309(COD)
Amendment 192 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 210 #
Proposal for a regulation
Recital 25
Recital 25
(25) Considering the massive growth in radio spectrum demand for wireless broadband, solutions for alternative spectrally efficient access to wireless broadband should be promoted. Thisencouraged and not be prevented. This currently includes the use of low-power wireless access systems with a small-area operating range such as so called ‘'hotspots’' of radio local area networks (RLAN, also known as ‘'Wi-Fi’'), as well as networks of low-power small size cellular access points (also called femto-, pico- or metrocells). Dynamic spectrum access, including on a licence- exempt basis and other innovative technologies and uses of spectrum should be encouraged and made possible.
Amendment 243 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 253 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open iInternet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for iInternet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be relevant, efficient, transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. M, and in accordance with existing laws including, inter alia, privacy and data protection. Preserving the integrity and security of the network and minimising the effects of network congestion through traffic management measures should be considered reasonable provided that network congestionit occurs only temporarily or in exceptional circumstances and provided that equivalent types of traffic are treated equally.
Amendment 254 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesMinimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and if, upon request from the competent national authorities, the provider can demonstrate that equal treatment of traffic would be substantially less efficient. When a provider of electronic communications takes such measures, it should also inform the content, applications and services providers which are affected.
Amendment 269 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to in order to ensure adequate characteristics from end-to-end. A specialised service is operated within closend or receive data to or from a determined number of parties or endpoints; and thatelectronic communications networks and thus clearly separated from internet access services and is not marketed or widely used as a substitute for internet access service;
Amendment 396 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 405 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
e a) preventing any harmful interference
Amendment 478 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) determine a minimum duration for the rights granted in the harmonised bands; which will be appropriate to incentivise investment and competition, and discourage the under-use or ‘hoarding’ of spectrum by licence holders.
Amendment 585 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 604 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 629 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 643 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
Amendment 651 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
Amendment 656 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
Amendment 665 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
Amendment 676 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 753 #
Proposal for a regulation
Article 35 – paragraph 1 – point 1 a (new)
Article 35 – paragraph 1 – point 1 a (new)
Directive 2002/21/EC
Article 2 – point c
Article 2 – point c
In Article 2, point c is amended as follows ‘electronic communications service’ means a service normally provided for remuneration which consists wholly or mainlywhich consists in the conveyance of signals on electronic communications networks, including telecommunications services and, transmission services in networks used for broadcasting and Internet Protocol based substitutes using Applications or service platforms, but exclude services providing, or exercising editorial control over, content transmitted using electronic communications networks and services; it does not include information society services, as defined in Article 1 of Directive 98/34/EC, which do not consist wholly or mainly in the conveyance of signals on electronic communications networks. and do not provide a substitute to those. Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:108:0033:0033:EN:PDF)
Amendment 801 #
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical
Amendment 804 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
The Commission shall submit reports on thperform a comprehensive evaluation and review of this Regulation to the European Parliament and the Council at regular intervals. The first report shall be submitted no later than 1 July 2018. Subsequent reports shall be submitted every four years thereafter. The Commission shall, if nee entire regulatory framework for electronic communications, and shall submit a report with appropriate proposals to the European Parliament and the Council by 30 June 2015. The review shall be carried out in view of - assessing whether the asymmetric, SMP- based price and access regulation of the EU regulatory framework can be removed - evaluating the continued need for the remaining regulation which would apply symmetrically to all players on the market along the converging value chain - ensuring that users of digital servicess ary, submit appropriate proposals with a view to amending this Regule able to control their digital life and data by removing obstacles to switching operating systems without losing their application,s and aligning other legal instruments, taking account in particular of developments in information technology and of the state of progress in the information society. The reports shall be made publicdata - ensuring a level playing field with, and providing sufficient protection of consumers using ‘over the top’ online services compared to telecommunications services by establishing rules that ensure the application to ‘over the top’ online services of well-established principles for the provision of electronic communications services such as transparency, non-discrimination, openness, ease of switching providers, interoperability, any-to-any communication and portability to their services.