21 Amendments of Ignasi GUARDANS CAMBÓ related to 2007/0247(COD)
Amendment 24 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Radio frequencies should be considered a scarce public resource that has an important public and market value. It is in the public interest that spectrum iseconomic value, and which is essential to the fulfilment of some general interest public policy objectives. Spectrum should therefore be managed as efficiently and effectively as possiblewith due attention to the public interest from an economic, social, cultural and environmental perspective, and that obstacles to its efficient use arshould be gradually withdrawn.
Amendment 28 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) Flexibility in spectrum management and access to spectrum should be increased through technology- and service-neutral authorisations to let spectrum users choose the best technologies and services to apply in a frequency band (hereinafter referred to as the ‘principles of technology and service neutrality’). The administrative determination of technologies and services should become the exception and should be clearly justified and subject to regular periodic reviewapply when general interest objectives are at stake.
Amendment 31 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) ExcepRestrictions to the principle of technology neutrality should be limiappropriated and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields, or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutrality.
Amendment 34 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision ofOn the other hand, spectrum use may also be explicitly assigned to the provision of a specific service or through a specific servicetechnology to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 40 #
Proposal for a directive – amending act
Recital 47 a (new)
Recital 47 a (new)
(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit to the European Parliament and the Council a legislative proposal.
Amendment 43 #
Proposal for a directive – amending act
Recital 60
Recital 60
(60) In particular, power should be conferred on the Commission to adopt implementing measures in relation to the notifications under Article 7 of the Framework Directive; the harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of trans-national markets; the implementation of the standards; the harmonised application of the provisions of the regulatory framework. Power should also be conferred to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments and for adopting implementing measures to harmonise the authorisation rules, procedures and conditions for the authorisation of electronic communications networks and services. Since those measures are of general scope and are designed to supplement these Directives by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. When, on imperative grounds of urgency,Given that the conduct of the regulatory procedure with scrutiny within the normal time -limits for this procedure cannot be complied with, the Commission should be able to use the urgency procedure provided for in Article 5a(6) of the above Decisioncould, in certain exceptional situations, impede the timely adoption of implementing measures, the European Parliament, the Council and the Commission should act speedily in order to ensure the timely adoption of those measures.
Amendment 52 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8 a (new)
Article 8 a (new)
Amendment 60 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands openavailable to electronic communication services as identified in their national frequency allocation tables and in the International Telecommunication Union (ITU) Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 63 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective defined in national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect ofincluding the provision of radio or broadcasting services, the right to use the part of the radio frequencies which is necessary for the fulfilment of such objective shall remain unchanged until its expiry. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of 9(3) and (4) of this Directive and Article 7(2) of Directive 2002/20/EC (the Authorisation Directive).
Amendment 74 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 b – paragraph 1 – subparagraph 1
Article 9 b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of provided that such transfer or lease is in accordance withe national regulatory authorityprocedures and does not result in a change in the service provided over that radio frequency band.
Amendment 81 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -aa (new)
Article 9 c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -a (new)
Article 9 c – paragraph 1 – point -a (new)
(–a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex I;.
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 11 - point b
Article 1 – point 11 - point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
The measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4)’
Amendment 94 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 - introductory part
Article 5 – paragraph 1 - introductory part
1. Member States shall not make the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions forfacilitate the usage of such radio frequencies in theunder general authorisation, unless it is justified to. Member States may grant individual rights in order to:
Amendment 104 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6 b - paragraph 1
Article 6 b - paragraph 1
Amendment 106 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6 b – paragraph 2
Article 6 b – paragraph 2
Amendment 108 #
Proposal for a directive – amending act
Article 3 – point 11
Article 3 – point 11
Directive 2002/20/EC
Article 14 a – paragraph 4
Article 14 a – paragraph 4
Amendment 599 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunication services, and of new services;
Amendment 718 #
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. Global telecommunications services shall be subject to no more than a simplified process with specified registration of electronic communications service activity as "global telecommunications services." Global telecommunications services are managed business data and voice services provided to multinational undertakings located in different countries or continents. They are inherently cross-border and, within, Europe, pan-European services."
Amendment 788 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
(da) to harmonise the conditions specified in Annex I relating to general authorisations;