14 Amendments of Pilar del CASTILLO VERA related to 2023/0046(COD)
Amendment 105 #
Proposal for a regulation
Recital 17
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, including rooftops, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value.
Amendment 111 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure proportionality and, preserve investment incentives, especially for VHCN pioneers, and thus create an incentive for the rapid rollout of VHCNs to rural areas, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where thea network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure, or to parallel physical infrastructure, could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and on incentives to invest. It may also risk an inefficient duplication of network elements, which in particular shall be avoided until sufficient coverage of rural areas with VHCNs is achieved. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
Amendment 135 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The deployment of cross-border corridors along transport paths will support an interconnected, interoperable, and sovereign digital single market. In order to increase the uptake of 5G corridor deployments in Europe and the use of already available funding (in particular CEF2), participation of all relevant stakeholders is necessary, including road and railway operators as well as undertakings providing or authorised to provide public electronic communications networks as owners of national radio spectrum. By end of 2025 all undertakings providing or authorised to provide public electronic communications networks in the Union should ensure that end-users enjoy seamless signal-handover at inner European borders as a prerequisite for effective 5G corridors and, thereby, contributing to the Digital Decade. Seamless connectivity, amongst other steps such as a true harmonised use of radio spectrum, will foster cross-border consolidation efforts by the mobile network industry. It will also deepen the integration of the single market and strengthen European champions leading the global technology race.
Amendment 146 #
Proposal for a regulation
Recital 39
Recital 39
(39) Permit-granting procedures should not be barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 43 months from the receipt of a complete permit request. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions.
Amendment 150 #
Proposal for a regulation
Recital 40
Recital 40
(40) To avoid undue delays, competent authorities must determine the completeness of the permit request within 15 days from its receipt. The permit request should be deemed complete unless the competent authority invites the applicant to provide any missing information within that period. For reasons of equal treatment and transparency, the competent authorities should not consider permit requests for civil works to be admissible if the minimum information required under this Regulation has not been made available via a single information point within 3 months before the first permit request is submitted to the competent authorities. Where, in addition to permits, rights of way are required for deploying elements of very high capacity networks, competent authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972, grant such rights of way within 43 months from the receipt of the request. Other rights of way not needed in conjunction with permits for civil works should continue to be granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972. Operators that suffer damage due to the delay of a competent authority to grant permits or rights of way within the applicable deadlines should have the right to compensation.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii
Article 2 – paragraph 2 – point 1 – point b – point ii
(ii) transport services, including railways, roads, tunnels, ports and airports;
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. To ensure that the access provider has a fair return on investment, which reflects the relevant market conditions and their different business models, undertakings providing or authorised to provide access to associated facilities to more than one hosted operator providing or authorised to provide a public electronic communications network shall not be subject to fair and reasonable price obligations. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions and at prices not exceeding the administrative costs. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 2, 3 and 4, for as long as such access obligations are in place. Consequently, when NRAs consider imposing ex-ante SMP remedies, they should take into account ex-ante significant market power symmetric access obligations pursuant to this regulation.
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The network operator shall make available in advance the information referred to in the first subparagraph for planned civil works related to its physical infrastructure, which are fully or partially financed by public means. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.
Amendment 337 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 43 months from the date of the receipt of a complete permit application.
Amendment 344 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
The first and second subparagraph shall be without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure that are applicable to the permit-granting procedure, including appeal proceedings, in accordance with Union law or national law in compliance with Union law and that grant the applicant additional rights or aim to ensure the fastest possible granting of permits.
Amendment 348 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 43 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.
Amendment 356 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 43 month period from the date of receipt of the application.
Amendment 363 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 43-month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6.