22 Amendments of Gabriele ALBERTINI related to 2007/0247(COD)
Amendment 157 #
Proposal for a directive – amending act
Recital 29
Recital 29
(29) In order to promote the functioning of the internal market, and to support the development of cross-border services, the Commission should be given the power to grant the Authority specific responsibilities in the area of numbering without detrimental effects to existing services. Furthermore, to allow citizens of the Member States, including travellers and disabled users, to be able to reach certain services by using the same recognisable numbers at similar prices in all Member Stateessential services, such as directory enquiry services across borders, the powers of the Commission to adopt technical implementing measures should also cover, where necessary, the applicable tariff principle or mechanismmeasures to facilitate easy cross-border access.
Amendment 170 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concernedmarkets, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 179 #
Proposal for a directive – amending act
Recital 47
Recital 47
(47) The Commission has the power to adopt implementing measures with a view to adapting the conditions for access to digital television and radio services set out in Annex I to market and technological developments. This is also the case for the minimum list of items in Annex II that must be made public to meet the obligation of transparency. In addition, the Commission should have the power to impose wholesale interconnection obligations on operators controlling access to end-users in order to ensure end-users the full benefit of competition in directory enquiry services. Such services are an essential tool in the use of electronic communications services and of particular relevance to elderly and disabled users. Wholesale measures are particularly advisable where they would facilitate the removal of universal service regulation at the retail level and allow a transition to a fully competitive environment.
Amendment 213 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2002/21/EC
Article 2 – point e
Article 2 – point e
(e) “associated facilities” means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings;
Amendment 223 #
Proposal for a directive – amending act
Article 1 – point 2 – point e a (new)
Article 1 – point 2 – point e a (new)
Directive 2002/21/EC
Article 2 – point sa (new)
Article 2 – point sa (new)
(ea) In Article 2, the following point is added: "(sa) ‘publicly available’ means available to the general public upon acceptance of commercial terms."
Amendment 297 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of contentaccess to services across all networks;
Amendment 549 #
Proposal for a directive – amending act
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2002/21/EC
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 551 #
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
(b) Paragraph (3)3 is deleted. replaced by: "Where an undertaking has significant market power on a specific market and where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the undertaking, remedies aimed at identifying or preventing such leverage may be applied in the linked market in accordance with Articles 9, 10, 11 and 13 of [access directive], and in the event that these are insufficient, Article 17 of [citizens rights directive]."
Amendment 569 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point a
Article 16 – paragraph 6 – point a
(a) within twohree years ofrom a previous notification of a draft measure relating to that marketentry into force of a measure relating to that market or earlier in the event that there is a significant change in market circumstances or if otherwise advised in an opinion of BERT or the Commission issued in accordance with Article 7a of [framework directive];
Amendment 612 #
Proposal for a directive – amending act
Article 1 – point 26
Article 1 – point 26
Directive 2002/21/EC
Annexes I and II
Annexes I and II
(26) Annexes I and II are deleted. I is deleted and Annex II is replaced by the following: "ANNEX II Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with Article 14(2), second subparagraph Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. Without prejudice to the case law of the Court of Justice on joint dominance, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of communications: - [...] - low elasticity of demand - [...] - similar market shares - [...] - high legal or economic barriers to entry - vertical integration with collective refusal to supply - lack of countervailing buyer power - lack of potential competition - [...] The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the sorts of evidence that could be used to support assertions concerning the existence of joint dominance."
Amendment 617 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to billing and collection services and to subscriber databases for the provision of directory services; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 622 #
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 630 #
Proposal for a directive – amending act
Article 2 – point 3 – point -a (new)
Article 2 – point 3 – point -a (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point a
Article 5 – paragraph 1 – subparagraph 2 – point a
(-a) Point (a) of the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity and access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks on fair and reasonable terms where this is not already the case;"
Amendment 633 #
Proposal for a directive – amending act
Article 2 – point 3 – point -a (new)
Article 2 – point 3 – point -a (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point a
Article 5 – paragraph 1 – subparagraph 2 – point a
(-a) Point (a) of the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks or to do so on objective, transparent, cost-oriented and non- discriminatory terms, where this is not already the case;"
Amendment 642 #
Proposal for a directive – amending act
Article 2 – point 3 – point b
Article 2 – point 3 – point b
Directive 2002/19/EC
Article 5 – paragraphs 3 and 4
Article 5 – paragraphs 3 and 4
Amendment 645 #
Proposal for a directive – amending act
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2002/19/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
(6b) In Article 9, paragraph 4 is replaced by the following: "4. Notwithstanding paragraph 3, where an operator has been found to have SMP in a relevant market under Article [15 of the Framework Directive] relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II."
Amendment 657 #
Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)
Article 2 – point 8 – point b a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
(ba) In the second subparagraph of paragraph 1, the following point is added: "(ja) to provide third-party billing services and access to subscriber databases to providers of directory enquiry services."
Amendment 700 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co- ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product marketre are important and persisting competition problems/market failures identified in several product markets, and that this measure would constitute the most effective and efficient means of enforcing remedies designed to address such problems/failures.
Amendment 705 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
(b) an analysis of the costs and benefits of the measure, including its expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects onnvestment, competition and consumers;
Amendment 721 #
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a)In Article 3 the following paragraph is added: "2a. Service providers providing services to multi-national undertakings across more than one Member State shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as “global telecommunications services.”"
Amendment 809 #
Proposal for a directive – amending act
Article 3 – point 8 – point a
Article 3 – point 8 – point a
Directive 2002/20/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
In this regard, Member States shall empower the relevant authorities to impose: (a) dissuasive financial penalties where appropriate. The measures and the reasons on which they are based shall be communicated to the undertaking concerned without delay and shall stipulate a reasonable period for the undertak, which may include periodic penalties having retroactive effect; and (b) orders to cease provision of a service or bundle which would result in a significant detriment to competition, pending to complyiance with the measureaccess obligations imposed following a market analysis under Article 16.
Amendment 810 #
Proposal for a directive – amending act
Article 3 – point 8 – point c
Article 3 – point 8 – point c
Directive 2002/20/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
In cases of serious andor repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in Article 6(2), where measures aimed at ensuring compliance as referred to in paragraph 3 of this Article have failed, national regulatory authorities may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use. Sanctions and penalties which are effective, proportionate and dissuasive may be applied to cover the period of any breach, even if the breach has subsequently been rectified.