29 Amendments of Herbert REUL related to 2013/0309(COD)
Amendment 173 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) To take account of the convergence of the once separate markets in traditional telecommunications services and information society services, the scope of this Regulation covers all services which mainly serve communications purposes or are primarily used by consumers for communication, in order to secure an appropriate level of consumer protection. Services which do not mainly serve communications purposes and are thus not essentially communicative in nature, such as online banking services or location-based services, will continue to be excluded from its scope.
Amendment 187 #
Proposal for a regulation
Recital 17
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and, satellite communications and broadcasting in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim of securing access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with over half of the Member States seeking a derogation or otherwise failing to do so by the deadline laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 testifies to the urgency of action even within the term of the current RSPP. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this problem. __________________ 23 Decision No 243/2012/EU of the European Parliament and the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 198 #
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 GHz bands under Directive 2002/21/EC.
Amendment 292 #
Proposal for a regulation
Recital 72
Recital 72
Amendment 295 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 299 #
Proposal for a regulation
Recital 74
Recital 74
(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide "buckets" of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. This serves to prevent abuses which would have an adverse effect on national competition.
Amendment 303 #
Proposal for a regulation
Recital 75
Recital 75
(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC, based on the results of a public consultation. In its guidance, BEREC should identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.
Amendment 323 #
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) to secure uniform starting conditions and conditions of competition between providers of electronic communication services and providers of information society services.
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) "harmonised radio spectrum for wireless broadband communications" means radio spectrum for which the conditions of availability and efficient use are harmonised at Union level, in particularaccordance with Directive 2002/21/EC and pursuant to Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 389 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) This section shall apply to harmonised radio spectrum for wireless broadband communications, subject to the provisions of Articles 8a and 9 of Directive 2002/21/EC.
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the technical characteristics and the current and planned use of different available radio spectrum bands,;
Amendment 435 #
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) the efficient use of radio spectrum bands already allocated for mobile broadband;
Amendment 440 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point b a (new)
Article 10 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) taking into account the costs incurred by the user in clearing the spectrum range.
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) appropriately reflect the social and economic value of the radio spectrum, including beneficial externalities, and do not exceed the market value;
Amendment 456 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 a (new)
Article 10 – paragraph 5 – subparagraph 1 a (new)
When deciding whether to apply restrictions for mobile access obligations, national authorities must justify their decisions by means of a comprehensive evaluation of market characteristics and provide proof of market failure. In addition, the decision must precede an impact assessment of the network operators’ investments; there must be regular reviews of commitments undertaken.
Amendment 462 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime, national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime. Article 2(2)(8) shall be excluded from this rule.
Amendment 740 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Application of general principles regarding information society service providers National supervisory authorities shall ensure that the rights of national consumers are not undermined. Information society service providers shall comply with the principles of transparency and non-discrimination, including measures to facilitate the switching of providers, interoperability and digital content search neutrality.
Amendment 764 #
Proposal for a regulation
Article 37 – point 3
Article 37 – point 3
Regulation (EU) 531/2012
Article 4 – paragraph 7
Article 4 – paragraph 7
7. This article shall not apply to roaming providers that provide regulated retail roaming services in accordance with Article 4aFollowing the abolition of roaming charges, this article no longer applies.
Amendment 771 #
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 6a
Article 6a
By 31 December 20146, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers availing of this Article. BEREC shall develop such guidelines by reference to the overall objective set out in the first subparagraph, and shall have regard in particular to the evolution of pricing and consumption patterns in the Member States, to the degree of convergence of domestic price levels across the Union, to any observable effect of roaming at domestic service rates on the evolution of such rates, and to the evolution of wholesale roaming rates for unbalanced traffic between roaming providers.
Amendment 773 #
Proposal for a regulation
Article 37 – point 3 a (new)
Article 37 – point 3 a (new)
Regulation (EU) No 531/2012
Article 5
Article 5
(3a) The following paragraph 7 is added to Article 5: 7. Following the abolition of roaming charges, this article no longer applies.
Amendment 786 #
Proposal for a regulation
Article 37 – point 5 – point a
Article 37 – point 5 – point a
Regulation (EU) 531/2012
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 791 #
Proposal for a regulation
Article 37 – point 6
Article 37 – point 6
Regulation (EU) 531/2012
Article 14 – paragraph 1 a
Article 14 – paragraph 1 a
Amendment 792 #
Proposal for a regulation
Article 37 – point 7
Article 37 – point 7
Regulation (EU) 531/2012
Article 15 – paragraph 2a
Article 15 – paragraph 2a
2a. WhenFrom 1 July 2017, where the consumption of regulated retail roaming services at the applicable domestic service rate is limited by reference to a reasonable use criterion in accordance with Article 46a(2), roaming providers shall alert roaming customers when the consumption of data roaming services has reached the reasonable use limit and at the same time shall provide roaming customers with basic personalised pricing information on the roaming charges applicable to data roaming outside the domestic service rate or package in accordance with paragraph 2 of this Article.« Paragraph 3 of this Article shall apply to data roaming services consumed outside the applicable domestic service rates or packages referred to in Article 46a(2).
Amendment 805 #
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 the 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 necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other legal instruments, taking account in particular of developmencomprehensively assess and review the entire regulatory framework applicable to electronic communications and, by 31 March 2015 at the latest, notify the European Parliament and Council of its fin dinformation technology and of the state of progress in the information society. The reports shall be made publicgs, together with any proposed amendments.
Amendment 808 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
The Commission review
Amendment 812 #
Proposal for a regulation
Article 39 – paragraph 1 – point 1 (new)
Article 39 – paragraph 1 – point 1 (new)
(1) assess the possibility of ending asymmetric and SMP-based pricing and access arrangements;
Amendment 814 #
Proposal for a regulation
Article 39 – paragraph 1 – point 2 (new)
Article 39 – paragraph 1 – point 2 (new)
(2) shall assess the continued need for the existing arrangements applicable equally to all market operators on the value chain;
Amendment 815 #
Proposal for a regulation
Article 39 – paragraph 1 – point 3 (new)
Article 39 – paragraph 1 – point 3 (new)
(3) shall ensure that consumers and digital service users are able to control their digital identity and data and that measures are taken to facilitate a switch between different operating systems with no loss of applications or data;
Amendment 817 #
Proposal for a regulation
Article 39 – paragraph 1 – point 4 (new)
Article 39 – paragraph 1 – point 4 (new)
(4) ensure a level playing field and equal competition with regard to telecommunications and OTT services, thereby ensuring adequate protection for OTT service users, taking particular account of the principles of transparency, non-discrimination and interoperability and the need to facilitate the switching of providers.