BETA

40 Amendments of Patrizia TOIA related to 2016/0288(COD)

Amendment 529 #
Proposal for a directive
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
2017/05/12
Committee: IMCO
Amendment 582 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
1. Member States may allow the competent authority to impose fees for the rights of use for radio spectrum or rights to install facilities on, over or under public or private property that are used for the provision of electronic communications services or networks and associated facilities which ensure the optimal use of these resources. Member States shall ensure that such fees shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their actual intended purpose of the use of the radio spectrum rights and shall take into account the objectives in Articles 3, 4 and 45(2), as well as:
2017/04/06
Committee: ITRE
Amendment 817 #
Proposal for a directive
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 sustainably;deleted
2017/04/06
Committee: ITRE
Amendment 826 #
Proposal for a directive
Article 65 – paragraph 2 – point a a (new)
(a a) a market structure which does not tend towards effective competition within the relevant time horizon
2017/04/06
Committee: ITRE
Amendment 827 #
Proposal for a directive
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retail level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
2017/04/06
Committee: ITRE
Amendment 844 #
Proposal for a directive
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
2017/04/06
Committee: ITRE
Amendment 891 #
Proposal for a directive
Article 70 – paragraph 1 a (new)
1 a. National regulators should however not impose access to ducts, conduits, inspection chambers, manholes, and cabinets from wholesale-only operators in the sense of Article 77, when these operators offer a viable and similar alternative means of access to end-users in accordance with Article 3(3) of the Directive 2014/61/EU.
2017/04/06
Committee: ITRE
Amendment 902 #
Proposal for a directive
Article 71 – title
Obligations of access to, and use of, specific network facilitieentire and shared physical network elements
2017/04/06
Committee: ITRE
Amendment 905 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Only where aA national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and, or would not be in the end-user's interest.
2017/04/06
Committee: ITRE
Amendment 912 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Operators may be requiredNational regulatory authorities may impose inter alia:
2017/04/06
Committee: ITRE
Amendment 919 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specifiedobligations of access to, and use of, specific entire physical network elements and/or associated facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments
2017/04/06
Committee: ITRE
Amendment 923 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;
2017/04/06
Committee: ITRE
Amendment 924 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b
(b) to negotiate in good faith with undertakings requesting access;deleted
2017/04/06
Committee: ITRE
Amendment 925 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c
(c) not to withdraw access to facilities already grandeleted;
2017/04/06
Committee: ITRE
Amendment 930 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;deleted
2017/04/06
Committee: ITRE
Amendment 932 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e
(e) to provide co-location or other forms of associated facilities sharing;deleted
2017/04/06
Committee: ITRE
Amendment 933 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
(f) to provide specified services needed to ensure interoperability of end- to-end services to users, including facilities for software emulated networks or roaming on mobile networks;deleted
2017/04/06
Committee: ITRE
Amendment 935 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g
(g) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;deleted
2017/04/06
Committee: ITRE
Amendment 936 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h
(h) to interconnect networks or network facilities;deleted
2017/04/06
Committee: ITRE
Amendment 937 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i
(i) to provide access to associated services such as identity, location and presence service.deleted
2017/04/06
Committee: ITRE
Amendment 938 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3
National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.deleted
2017/04/06
Committee: ITRE
Amendment 943 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
2. WThen national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assy shall take account in particular of the following factors:(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial invesstment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
2017/04/06
Committee: ITRE
Amendment 948 #
Proposal for a directive
Article 71 – paragraph 2 – point a
(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;deleted
2017/04/06
Committee: ITRE
Amendment 949 #
Proposal for a directive
Article 71 – paragraph 2 – point b
(b) the expected technological evolution affecting network design and managementdeleted
2017/04/06
Committee: ITRE
Amendment 953 #
Proposal for a directive
Article 71 – paragraph 2 – point c
(c) the feasibility of providing the access proposed, in relation to the capacity available;deleted
2017/04/06
Committee: ITRE
Amendment 954 #
Proposal for a directive
Article 71 – paragraph 2 – point d
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;deleted
2017/04/06
Committee: ITRE
Amendment 959 #
Proposal for a directive
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;deleted
2017/04/06
Committee: ITRE
Amendment 967 #
Proposal for a directive
Article 71 – paragraph 2 – point f
(f) where appropriate, any relevant intellectual property rights;deleted
2017/04/06
Committee: ITRE
Amendment 968 #
Proposal for a directive
Article 71 – paragraph 2 – point g
(g) the provision of pan-European services.deleted
2017/04/06
Committee: ITRE
Amendment 972 #
Proposal for a directive
Article 71 – paragraph 3
3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article,This is without prejudice to national regulatory authorities may lay down technical or opgiving considerational con in additions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid downimposing each of the obligations on an operator in accordance with Article 3972.
2017/04/06
Committee: ITRE
Amendment 974 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, tTo encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
2017/04/06
Committee: ITRE
Amendment 984 #
Proposal for a directive
Article 72 a (new)
Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose: (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
2017/04/06
Committee: ITRE
Amendment 1001 #
Proposal for a directive
Article 74
Regulatory treatment of new network elements 1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (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; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.Article 74 deleted
2017/04/06
Committee: ITRE
Amendment 1038 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failed to achieve effective competition and that there are important and persisting competition problems and/or 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 66(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 or in a separate legal entity.
2017/04/06
Committee: ITRE
Amendment 1040 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2
TIn the case of functional separation, that business entity shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.
2017/04/06
Committee: ITRE
Amendment 1041 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2 a (new)
Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.
2017/04/06
Committee: ITRE
Amendment 1042 #
Proposal for a directive
Article 75 – paragraph 2 – introductory part
2. When a national regulatory authority intends to impose an obligation for functional or legal separation, it shall submit a proposal to the Commission that includes:
2017/04/06
Committee: ITRE
Amendment 1044 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 4
On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32, applying, if appropriate, the provisions of Article 77. In its decision, the national regulatory authority may make the commitments binding, wholly or in part. By way of exception to Article 65(5), the national regulatory authority may make some or all commitments binding for the entire period for which they are offered.
2017/04/06
Committee: ITRE
Amendment 1050 #
Proposal for a directive
Article 77 – paragraph 2 a (new)
2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.
2017/04/06
Committee: ITRE
Amendment 1051 #
Proposal for a directive
Article 77 – paragraph 4
4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2.deleted
2017/04/06
Committee: ITRE