26 Amendments of Markus PIEPER related to 2016/0288(COD)
Amendment 157 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing and will persistently continue to do so in future. While in the past the focus was mainly on growing down- and uplink bandwidth available overall and to each individual user, other parameters like latency, availability and reliabilitysilience are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilitieshave at least the same capabilities as optical fibre in terms of available down- and uplink band width, latency, availability and resilience. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. In order to take account of future technological developments, it should be possible in future to adjust or supplement the performance features of 'very high capacity networks', provided that doing so serves the purpose of attaining the aims of this directive.
Amendment 158 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. At present, optical fibre components offer the best available network performance; it ought to be possible to modify the definition of 'very high capacity network' in future in the light of technological changes and constantly changing market conditions.
Amendment 178 #
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 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 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 interests of citizens. All the political aims formulated in this paragraph should be regarded as equally important. 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. Fair competition is the most important precondition for investment. The aim is to ensure high- performance infrastructure across the European Union.
Amendment 195 #
Proposal for a directive
Recital 60
Recital 60
(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services. In gathering this information, the national regulatory authorities, the other competent authorities and BEREC must respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 237 #
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 first distribution point, national regulatory authorities should be empowered to impose access obligatThe EU cost reduction directive (2014/61/EU) contains additional elements of symmetrical regulation. It requires the European Commissions 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 criteriasubmit a report on the implementation of this directive to the European Parliament and the Council by 1 July 2018. The findings of the implementation report should first be awaited, to provide a basis for deciding whether additional elements of symmetrical regulation are needed.
Amendment 242 #
Proposal for a directive
Recital 140
Recital 140
Amendment 245 #
Proposal for a directive
Recital 141
Recital 141
Amendment 254 #
Proposal for a directive
Recital 164
Recital 164
(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive . In order to ensure that operators with significant market power genuinely comply with obligations, national regulatory authorities may make provision for penalties for infringements.
Amendment 257 #
Proposal for a directive
Recital 172
Recital 172
(172) Civil engineering assets that can host an electronic communications network or passive infrastructure such as inactive cables are crucial for the successful roll- out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets or passive infrastructure exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self- standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.
Amendment 280 #
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 open calls for tender are used for co-investment in new network elements which have been published by an operator with significant market power makes an open call for co-investment on fair, reasonable and non- discriminatory terms in new network elements which significantly, or where other investment models are used which contribute equally 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 314 #
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 location 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 436 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 4
Article 20 – paragraph 1 – subparagraph 4
Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required . The information requested shall be proportionate to the performance of that task. The competent authority shall give the reasons justifying its request for information and shall treat the information in accordance with paragraph 3. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 444 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
National regulatory authorities shall conduct a geographical survey of the reach of electronic communications networks capable of delivering broadband ("broadband networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years . It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 460 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shall, firstly, obtain publicly accessible information and, subsequently, request undertakings to provide relevant information regarding planned deployments of such networks. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 508 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 530 #
Proposal for a directive
Article 33 – paragraph 5 – point c
Article 33 – paragraph 5 – point c
Amendment 554 #
Proposal for a directive
Article 35 – paragraph 5 – subparagraph 1
Article 35 – paragraph 5 – subparagraph 1
The national regulatory authority concerned shall take utmost account of the opinion of BEREC and of comments made by the Commission and other national regulatory authorities before adopting its final decision. It shall communicate the final decision adopted to BEREC and the Commission.
Amendment 555 #
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 698 #
Proposal for a directive
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
Amendment 734 #
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 821 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainablyfoster effective competition on the relevant market;
Amendment 865 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to existing commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 866 #
Proposal for a directive
Article 66 – paragraph 6 a (new)
Article 66 – paragraph 6 a (new)
6a. National regulatory authorities shall ensure that the requirements which they impose are complied with. Depending on the nature of an infringement, national regulatory authorities should have the option of imposing the predetermined penalties in the form of fines ((i) on the authority, (ii) on retail customers, and/or (iii) on other undertakings).
Amendment 1013 #
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 offers 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;. National regulatory authorities shall lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment shall ensure open access for all undertakings wishing to participate in it.
Amendment 1095 #
Proposal for a directive
Article 114 – paragraph 1 a (new)
Article 114 – paragraph 1 a (new)
1a. In this context it shall assess in particular whether the definition of 'very high capacity networks' reflects the most effective technology currently in use on the market in terms of down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. If significant improvements occur there, or if other performance features have proven relevant, the definition may be amended.
Amendment 1096 #
Proposal for a directive
Article 114 – paragraph 3
Article 114 – paragraph 3
3. This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia, mobility and data rates in the light of the prevailing technologies used by the majority of end-users . In the context of this review, the definition of 'very high capacity network' shall likewise be assessed, and it shall be reviewed whether the definition still meets current requirements on the basis of technological developments and changing conditions on the market. The Commission shall submit a report to the European Parliament and the Council regarding the outcome of the review.