9 Amendments of Herbert REUL related to 2016/0185(COD)
Amendment 39 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In light of the risk posed by the harmonised capping of wholesale roaming charges on the inhibition of investment and the impact it may have on certain Member States' national markets, including the development and roll-out of very high capacity networks, and in particular the future development of 5G services and the need for a sustainable RLAH regime to be introduced before 15 June 2017, a "Universal Roaming Fund" ("URF") should be established. This URF should be managed and administered by BEREC and national regulatory authorities, and should ensure that all those actors who benefit from high-speed and high quality mobile networks and the RLAH regime also contribute reasonably and proportionately to the cost of RLAH by ensuring that the essential policies associated with the incentivisation of investment in very high capacity mobile infrastructure are not undermined. Such a mechanism should operate through the imposition, by BEREC, of maximum volume caps for various high-data content and applications. Should traffic volumes from those identified content and applications exceed that threshold, those Content and Applications Providers ("CAPs") responsible for providing those services should be required to make a financial contribution measured in euros per gigabyte where the threshold has been exceeded. All collected revenues should be pooled into a single fund whereby those visited network operators unable to fully recover their wholesale costs for providing roaming services are entitled to claim the difference for such costs on the basis of contributions from the URF.
Amendment 52 #
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EU) No 531/2012
Article 2 – paragraph 2 – point s a (new)
Article 2 – paragraph 2 – point s a (new)
(-1) In Article 2(2), the following point is added: “(sa) 'Content and Applications Providers' or 'CAPs' means, respectively, those providers of certain types of content and those providers of applications "over- the-top" of telecommunications services;”
Amendment 54 #
Proposal for a regulation
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Regulation (EU) No 531/2012
Article 2 – paragraph 2 – point s b (new)
Article 2 – paragraph 2 – point s b (new)
(-1a) In Article 2(2), the following point is added: “(sb) 'Universal Roaming Fund' or 'URF' means the fund managed and administered by BEREC and the national regulatory authorities which is designed to allow CAPs, where appropriate, to contribute to the wholesale costs of excessive roaming operators, while ensuring that all visited network operators are able to fully recover their wholesale costs;”
Amendment 100 #
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
(4a) In Article 16(1), the first subparagraph is replaced by the following: “1. National regulatory authorities and BEREC shall monitor and supervise compliance with this Regulation within their territory. and across the Union, as applicable.”
Amendment 101 #
Proposal for a regulation
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 2
Article 16 – paragraph 2
(4b) In Article 16, paragraph 2 is replaced by the following: “2. National regulatory authorities and BEREC shall make up-to-date information on the application of this Regulation, in particular Articles 6a, 6b, 6c, 6e, 7, 9, 12 and 129a, publicly available in a manner that enables interested parties to have easy access to it.”
Amendment 102 #
Proposal for a regulation
Article 1 – point 4 c (new)
Article 1 – point 4 c (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
(4c) In Article 16, the following paragraph added: “6a. BEREC shall, in preparation for the review mechanism provided for in Article 19a, monitor developments in roaming traffic generated by CAPs in accordance with its administration of the Universal Roaming Fund under the terms of that Article. This shall include, among others, a maximum volume threshold imposed under Article 19a beyond which contributions by certain CAPs to the URF will be required, the applicable rate per gigabyte of volume by any one CAP over that threshold, the price per gigabyte for every gigabyte of volume a particular CAP has exceeded the maximum threshold, and the mechanism by which visited network operators can apply to the Universal Roaming Fund for cost recovery.”
Amendment 103 #
Proposal for a regulation
Article 1 – point 4 d (new)
Article 1 – point 4 d (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 6 b (new)
Article 16 – paragraph 6 b (new)
(4d) In Article 16, the following paragraph is added: “6b. National regulatory authorities and BEREC shall have the power to require undertakings subject to obligations under this Regulation to supply all information relevant to the implementation and enforcement of this Regulation. Those undertakings shall provide such information promptly upon request and in accordance with time limits and the level of detail required by the national regulatory authority.”
Amendment 105 #
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EU) No 531/2012
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
(5a) In Article 17, the following paragraph is added: “2a. For the purposes of resolving any dispute that may arise in relation to the rights or obligations of any undertaking arising under Article 19a, BEREC, in collaboration with the national regulatory authorities, shall establish dispute resolution procedures equivalent to those existing under Articles 20 and 21 of the Framework Directive.”
Amendment 120 #
Proposal for a regulation
Article 1 –point 6 a (new)
Article 1 –point 6 a (new)
Regulation (EU) No 531/2012
Article 19 a (new)
Article 19 a (new)