24 Amendments of Teresa RIERA MADURELL related to 2013/0309(COD)
Amendment 186 #
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 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 derogathaving sought and been granted a derogation by the Commission 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 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012. 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 192 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 243 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 256 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate to the legitimate goal to be attained and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and that the provider is able to demonstrate at the request of the national competent authority that impartial traffic management would prove less efficient. When taking such measures providers of electronic communications should inform the content, applications and services providers concerned.
Amendment 266 #
Proposal for a regulation
Recital 48
Recital 48
(48) Volume-based tariffs should be considered compatible with the principle of an open internet as long as they allow end- users to choose the tariff corresponding to their normal data consumption based on clear, transparent and explicit information about the conditions and implications of such choice. At the same time, such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes. It is essential that end-users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable, that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired.
Amendment 269 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 279 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary foropens the door to the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 287 #
Proposal for a regulation
Recital 59
Recital 59
(59) Experience from Member States and from a recent study commissioned by the Executive Agency for Consumers and Health has shown that long contract periods and automatic or tacit extensions of contracts constitute significant obstacles to changing a provider. It is thus desirable that end-users should be able to terminate, without incurring any costs, a contract six months after its conclusion a contract with a one-month notice period without incurring any costs. In such a case, end-users may be requested to compensate their providers for the residual value of subsidised terminal equipment or for the pro rata temporis value of any other promotions. Contracts which have been tacitly extended should be subject to termination with a one-month notice period.
Amendment 319 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) to facilitate innovative and high-quality service provision and reasonable access to broadband;
Amendment 334 #
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, efficientcy and primary use are harmonised at Union level, in particular pursuant toaccordance with Directive 2002/21/EC, and with 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 342 #
Proposal for a regulation
Article 2 – paragraph 2 – point 12
Article 2 – paragraph 2 – point 12
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to in order to ensure adequate characteristics from end-to-end. A specialised service is operated within closend or receive data to or from a determined number of parties or endpoints; and thatelectronic communications networks and thus clearly separated from internet access services and is not marketed or widely used as a substitute for internet access service;
Amendment 383 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Abolition of retail charges With effect from 1 July 2015, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming costumers in any Member State for any regulated roaming call made or received, for any regulated roaming SMS message sent, for any roaming MMS message sent or for any regulated data roaming services used or any general charge to enable the terminal equipment or service to be used abroad.
Amendment 396 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 405 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
e a) preventing any harmful interference
Amendment 585 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 592 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes,. Users shall always be informed in advance of these agreements and shall give their explicit consent to their conclusion. End-users shall be free in accordance with any such agreements to avail of any offers by providers of internet content, applications and services.
Amendment 604 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 619 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 672 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally, avoiding, wherever possible, measures which discriminate between applications, content, services or devices.
Amendment 678 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 731 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. COnce the contract has been concluded, consumers, and other end-users unless they have otherwise agreed, shall have the right to terminate asaid contract with a one- month notice period, where six months or more have elapsed since conclusion of the contract. No compensation shall be due other than for the residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 801 #
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical