Activities of Jean-Marie CAVADA related to 2007/0247(COD)
Legal basis opinions (0)
Amendments (11)
Amendment 33 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which requireOn the other hand, spectrum use may also be explicitly assigned to the provision of a specific service or through a specific technology, to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include cultural and media policy objectives such as the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies..
Amendment 55 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which requireHowever, spectrum use may also be expressly assigned for the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 56 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and media policy objectives, such as, for example, cultural and linguistic diversity and media pluralism in accordance with their own national law.
Amendment 61 #
Proposal for a directive – amending act
Recital 59
Recital 59
(59) Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. These measures should not have an adverse impact on cultural and media policy objectives as laid down by Member States.
Amendment 62 #
Proposal for a directive – amending act
Article 1 - point 2 - point e
Article 1 - point 2 - point e
Directive 2002/21/EC (Framework Directive)
Article 2 - point s
Article 2 - point s
(s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations and with international frequency plans.’
Amendment 67 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2002/21/EC (Framework Directive)
Article 9 - paragraph 3 - subparagraph 2 - point d
Article 9 - paragraph 3 - subparagraph 2 - point d
(d) comply with a restriction in accordance with paragraph 4 below, including restrictions to ensure promotion of cultural and media policy objectives, such as, for example, cultural and linguistic diversity and media pluralism.
Amendment 69 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2002/21/EC (Framework Directive)
Article 9 - paragraph 5 a (new)
Article 9 - paragraph 5 a (new)
5a. Member States shall be competent to lay down the scope, nature and duration of restrictions to promote cultural and media policy objectives, such as, for example, cultural and linguistic diversity and media pluralism, in accordance with their own national law.
Amendment 70 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC (Framework Directive)
Article 9a - paragraph 2
Article 9a - paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation DirectiveThis article shall not apply to restrictions introduced by Member States with a view to promoting cultural and media policy objectives, such cultural and linguistic diversity and media pluralism.
Amendment 71 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC (Framework Directive)
Article 9b - paragraph 1 - subparagraph 1
Article 9b - paragraph 1 - subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of the national regulatory authority. However, the transfer or leasing of frequencies intended by a Member State for radio services shall require the prior consent of the national regulatory authority responsible for radio broadcasting in order specifically to ensure that obligations intended to promote cultural and linguistic diversity and media pluralism are maintained.
Amendment 73 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC (Framework Directive)
Article 9c - subparagraph 1 -point d
Article 9c - subparagraph 1 -point d
(d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and media policy objectives, such as, for example, cultural and linguistic diversity and media pluralism.
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an applThis article shall not apply to restrication for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation Directives imposed by Member States with a view to promoting cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.