16 Amendments of Lambert van NISTELROOIJ related to 2013/0309(COD)
Amendment 12 #
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on ‘'Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband’' adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 and 1.5 GHz bands.
Amendment 14 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should ensure that for bands harmonised at Union level for wireless broadband communications, the implementation of harmonised timetables and deadlines for the assignment of spectrum is not unduly delayed by coordination problems; in particular the management of radio spectrum at national level doesshould not prevent other Member States from using the radio spectrum to which they are entitled, or from complying with their obligations as regards such bands for which the use is harmonised at Union level. Building on the existing activities of the RSPG, a coordination mechanism is necessary to ensure that each Member State has equitable access to radio spectrum and that the outcomes of coordination are consistent and enforceable.
Amendment 17 #
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 quality 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 enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services. The provision of such specialised services should not impair the general quality of internet access. Furthermore, traffic management measures should not be applied in such a way as to discriminate against specialised services competing with those offered by the provider of internet access either directly or in partnership with other undertakings unless there is an objective justification.
Amendment 18 #
Proposal for a regulation
Recital 73
Recital 73
(73) Bilateral or multilaterCommercial or technical roaming agreements can allow a mobile operator to treat roaming by its domestic customers on the networks of partners as being to a significant degree equivalent to providing services to such customers on its own networks, with consequential effects on its retail pricing for such virtual on-net coverage across the Union. Such an arrangement at the wholesale level could allow the development of new roaming products and therefore increase choice and competition at retail level.
Amendment 21 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. A Europeany electronic communications provider established in the Union has the right to provide electronic communications networks and services in the whole Union and to exercise the rights linked to the provision of such networks and services in each Member State where it operates pursuant to a single EU authorisation which is subject only to the notification requirements provided in Article 4.
Amendment 22 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Without prejudice to their obligations under relevant international agreements including ITU Radio Regulations, the national competent authorities shall ensure, with a view in particular to securing the implementation of Article 12, that the use of radio spectrum is organised on their territory, and shall in particular take all necessary radio spectrum allocation or assignment measures, in order that no other Member State is impeded from allowing on its territory the use of a specific harmonised band for wireless broadband communications in accordance with Union legislation.
Amendment 23 #
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
Any concerned Member State may invite the Radio Spectrum Policy Group to use its good offices to assist it and any other Member State in complying with paragraphs 1 and 2 of this Article.
Amendment 24 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a By 31 December 2014 BEREC shall adopt a single value for each of fixed and mobile termination rates calculated in accordance with the Commission Recommendation C(2009) 3359 final of 7.5.2009 on the Regulatory Treatment of Fixed and Mobile Termination Rates in the EU. By 30 June 2015 all National Regulatory Authorities (NRAs) shall ensure that operators designated by them as having significant market power on the markets for wholesale voice call termination on individual public telephone networks as a result of a market analysis carried out in accordance with Directive 2009/140/EC of the European Parliament and of the Council of 25 November 20091 shall levy the termination rates determined by BEREC in this paragraph. __________________ 1 OJ L 337, 18.12.2009, p. 37
Amendment 202 #
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on ‘'Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband’' adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 and 1.5 GHz bands.
Amendment 215 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should ensure that for bands harmonised at Union level for wireless broadband communications, the implementation of harmonised timetables and deadlines for the assignment of spectrum is not unduly delayed by coordination problems; in particular the management of radio spectrum at national level doesshould not prevent other Member States from using the radio spectrum to which they are entitled, or from complying with their obligations as regards such bands for which the use is harmonised at Union level. Building on the existing activities of the RSPG, a coordination mechanism is necessary to ensure that each Member State has equitable access to radio spectrum and that the outcomes of coordination are consistent and enforceable.
Amendment 268 #
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 quality 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 enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services. The provision of such specialised services should not impair the general quality of internet access. Furthermore, traffic management measures should not be applied in such a way as to discriminate against specialised services competing with those offered by the provider of internet access either directly or in partnership with other undertakings unless there is an objective justification.
Amendment 296 #
Proposal for a regulation
Recital 73
Recital 73
(73) Bilateral or multilaterCommercial or technical roaming agreements can allow a mobile operator to treat roaming by its domestic customers on the networks of partners as being to a significant degree equivalent to providing services to such customers on its own networks, with consequential effects on its retail pricing for such virtual on-net coverage across the Union. Such an arrangement at the wholesale level could allow the development of new roaming products and therefore increase choice and competition at retail level.
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. A Europeany electronic communications provider established in the Union has the right to provide electronic communications networks and services in the whole Union and to exercise the rights linked to the provision of such networks and services in each Member State where it operates pursuant to a single EU authorisation which is subject only to the notification requirements provided in Article 4.
Amendment 540 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Without prejudice to their obligations under relevant international agreements including ITU Radio Regulations, the national competent authorities shall ensure, with a view in particular to securing the implementation of Article 12, that the use of radio spectrum is organised on their territory, and shall in particular take all necessary radio spectrum allocation or assignment measures, in order that no other Member State is impeded from allowing on its territory the use of a specific harmonised band for wireless broadband communications in accordance with Union legislation.
Amendment 542 #
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
Any concerned Member State may invite the Radio Spectrum Policy Group to use its good offices to assist it and any other Member State in complying with paragraphs 1 and 2 of this Article.
Amendment 578 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a By December 31 2014 BEREC shall adopt a single value for each of fixed and mobile termination rates calculated in accordance with Recommendation C(2009) 3359 final of 7.5.2009 on the Regulatory Treatment of Fixed and Mobile Termination Rates in the EU. By 30 June 2015 all National Regulatory Authorities (NRAs) shall ensure that operators designated by them as having significant market power on the markets for wholesale voice call termination on individual public telephone networks as a result of a market analysis carried out in accordance with Directive 2009/140/EC shall levy the termination rates determined by BEREC in this paragraph.