BETA

20 Amendments of Anne LAPERROUZE related to 2007/0247(COD)

Amendment 112 #

Recital 5
(5) When conducting market analyses, NRAs should seek to ensure that regulation facilitates the widespread deployment of infrastructure as far as is economically viable and enables consumers in all geographic areas to benefit from effective competition. In order to ensure a proportional and adapted approach to varying competitive conditions national regulatory authorities may define markets on a subnational basis and/or lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.(geographic markets where there is effective infrastructure competition. When assessing which access obligations are most appropriate in facilitating efficient investment and effective competition, national regulatory authorities should, where practicable, take into account any different conditions existing in the different geographic areas within their Member States, whilst protecting consumer interests, including those of rural communities, and the single market.
2009/03/16
Committee: ITRE
Amendment 117 #

Recital 14 b (new)
(14b) When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, national regulatory authorities should be able to set, if applicable, terms and conditions for access over a sufficient period of time to provide planning certainty to investors. These terms and conditions may include pricing arrangements which depend on volumes or length of contract, provided that such arrangements are in accordance with Community law. However, pricing arrangements should not be permitted where they would have the effect of discriminating in favour of the operator with significant market power, including through margin squeeze, raising barriers to entry or otherwise impeding the development of effective competition in services to consumers and businesses. In view of the size of investments needed for new and enhanced infrastructure, co- operation agreements between market players may accelerate and strengthen the roll-out of next generation networks to the benefit of consumers, provided that competition is safeguarded, including through the imposition of access obligations as necessary.
2009/03/16
Committee: ITRE
Amendment 139 #
Proposal for a directive – amending act
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 require 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 frequenciesas far as possible.
2008/05/28
Committee: ITRE
Amendment 142 #

Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
(d) promoting efficient investment and innovation in new and enhanced infrastructures, including by taking into account investment riskensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings;
2009/03/16
Committee: ITRE
Amendment 155 #

Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involvedany risks specific to a particular new investment network project whilst ensuring that pricing arrangements are compatible with protecting effective competition.
2009/03/16
Committee: ITRE
Amendment 159 #

Article 2 – point 10
Directive 2002/19/EC
Article 13 a – paragraph 1
1. Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 9 to 13 have failed to achieve effective competition and that there are important and persisting competition problems/market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure in accordance with the provisions of the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
2009/03/16
Committee: ITRE
Amendment 160 #

Article 2 – point 12 – point e
Directive 2002/19/EC
Annex II – part A – point 1 – point c (new)
(c) in circumstances where unbundled access is not technically or economically feasible, appropriate obligations offering equivalent functionality.
2009/03/16
Committee: ITRE
Amendment 188 #
Proposal for a directive – amending act
Recital 50
(50) In order to ensure equal treatment, no spectrum users should be exempted from the obligation to pay the normal fees or charges set for the use of the spectrum.deleted
2008/05/28
Committee: ITRE
Amendment 284 #
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
(6a) The following Article is inserted: ‘Article -7a Procedure for the consistent application of remedies 1. Where a national regulatory authority intends to take a measure to impose, amend or withdraw an obligation on an operator in application of Article 16 in conjunction with Article 5, Articles 9 to 13 and Articles 13a and 13b of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission and the national regulatory authorities in the other Member States shall have a period of one month from the date of notification of the draft measure in which to make comments to the national regulatory authority concerned. 2. If the draft measure concerns the imposition, amendment or withdrawal of an obligation other than those laid down in Articles 13a and 13b of Directive 2002/19/EC (Access Directive), the Commission may, automatically or at the request of an interested undertaking or a trade association, within the same period, notify the national regulatory authority concerned and BERT of the reasons why it considers that the adoption of the draft measure would create a barrier to the single market or why it has serious doubts as to its compatibility with Community law. In such case, the draft measure shall not be adopted for a further two months following the Commission's notification. In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission or by any other national regulatory authority. 3. Within the two month period referred to in paragraph 2, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants expressed during a public consultation and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should be amended and providing specific proposals to that end. This opinion shall be made public. If BERT has issued a reasoned opinion indicating that the draft measure should be amended, the Commission may, taking utmost account of this opinion, adopt a reasoned decision requiring the national regulatory authority concerned to amend the draft measure and providing specific proposals to that end. If BERT has issued a reasoned opinion confirming the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 4. If the draft measure concerns the imposition, amendment or withdrawal of an obligation laid down in Article 13a or Article 13b of Directive 2002/19/EC (Access Directive), the draft measure shall not be adopted for a further two months after the end of the period referred to in Article 7(3). Within this two month period, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants expressed during a public consultation and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should not be applied. This opinion shall be made public. Only if the Commission and BERT confirm the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 5. Within three months of the adoption by the Commission, in accordance with paragraph 3, of a reasoned decision requiring the national regulatory authority concerned to amend the draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with Article 7.’
2008/05/30
Committee: ITRE
Amendment 390 #
Proposal for a regulation – amending act
Article 1 – point 10
Directive 2002/21/EC
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 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 does not apply to restrictions introduced by the Member States in order to promote cultural and media policy objectives, for example cultural and linguistic diversity and media pluralism.
2008/06/03
Committee: ITRE
Amendment 430 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market, and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
2008/06/03
Committee: ITRE
Amendment 431 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa;
2008/06/03
Committee: ITRE
Amendment 436 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa;
2008/06/03
Committee: ITRE
Amendment 443 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or intended by Member States to be used for broadcasting services;
2008/06/03
Committee: ITRE
Amendment 454 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;
2008/06/03
Committee: ITRE
Amendment 464 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 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 linguistic diversity and media pluralism.deleted
2008/06/04
Committee: ITRE
Amendment 469 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to the promotion of cultural and linguistic diversity and media pluralism.
2008/06/04
Committee: ITRE
Amendment 477 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
These measures referred to in points (a) to (c) of paragraph 1, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSCP.
2008/06/04
Committee: ITRE
Amendment 755 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
AnyWhere individual rights to use radio frequencies that isare granted for ten years or more and that may cannot be transferred or leased between undertakings as 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, the national regulatory authority shall ensure the means to enable it to verify that the criteria to grant individual rights of use are still being applied and respected for the duration of the license. If these criteria 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 reviewand after a reasonable time has elapsed, or shall be made freely transferable or leaseable between undertakings. When such a decision is taken, due account shall be taken of the need to grant an appropriate period for amortization of investment.
2008/06/10
Committee: ITRE
Amendment 830 #
Proposal for a directive – amending act
Annex II
Directive 2002/20/EC
Annex II – point 1 – point d
(d) (d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to the mechanisms provided for by the Member States with a view to replacing the user rights obligation by an obligation to meet specific general interest objectives;
2008/06/10
Committee: ITRE