17 Amendments of Fiona HALL related to 2007/0247(COD)
Amendment 98 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) Next generation networks have enormous potential to deliver benefits to businesses and consumers across the European Union. It is therefore vital that a lack of regulatory clarity does not act as an impediment to sustainable investment in the development of these new networks, and that competition and consumer choice are boosted.
Amendment 112 #
Recital 5
(5) When conducting market analyses, NRAs should seek to ensure that regulation facilitates the widespread deployment of infrastructure as far as is economically viable and enables consumers in all geographic areas to benefit from effective competition. In order to ensure a proportional and adapted approach to varying competitive conditions national regulatory authorities may define markets on a subnational basis and/or lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.(geographic markets where there is effective infrastructure competition. When assessing which access obligations are most appropriate in facilitating efficient investment and effective competition, national regulatory authorities should, where practicable, take into account any different conditions existing in the different geographic areas within their Member States, whilst protecting consumer interests, including those of rural communities, and the single market.
Amendment 116 #
Proposal for a directive – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) The aim is to reduce ex ante sector specific rules progressively as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. It may well be the case that competition develops at different rates in different markets and in different areas within Member States. In order to ensure that regulation is proportional and adapted to varying competitive conditions, national regulatory authorities should be able to (a) define markets on a sub-national basis and/or (b) lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition, even if they are not defined as separate markets. National regulatory authorities should also be able to require network components and associated facilities to be shared in order to facilitate the establishment of networks, including the deployment of fibre optic access networks.
Amendment 117 #
Recital 14 b (new)
(14b) When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, national regulatory authorities should be able to set, if applicable, terms and conditions for access over a sufficient period of time to provide planning certainty to investors. These terms and conditions may include pricing arrangements which depend on volumes or length of contract, provided that such arrangements are in accordance with Community law. However, pricing arrangements should not be permitted where they would have the effect of discriminating in favour of the operator with significant market power, including through margin squeeze, raising barriers to entry or otherwise impeding the development of effective competition in services to consumers and businesses. In view of the size of investments needed for new and enhanced infrastructure, co- operation agreements between market players may accelerate and strengthen the roll-out of next generation networks to the benefit of consumers, provided that competition is safeguarded, including through the imposition of access obligations as necessary.
Amendment 136 #
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability by ensuring that regulatory conditions are applied over a sufficient period;
Amendment 142 #
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
Article 8 – paragraph 5 – point d
(d) promoting efficient investment and innovation in new and enhanced infrastructures, including by taking into account investment riskensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings;
Amendment 155 #
Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involvedany risks specific to a particular new investment network project whilst ensuring that pricing arrangements are compatible with protecting effective competition.
Amendment 159 #
Article 2 – point 10
Directive 2002/19/EC
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 9 to 13 have failed to achieve effective competition and that there are important and persisting competition problems/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 8(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.
Amendment 160 #
Article 2 – point 12 – point e
Directive 2002/19/EC
Annex II – part A – point 1 – point c (new)
Annex II – part A – point 1 – point c (new)
(c) in circumstances where unbundled access is not technically or economically feasible, appropriate obligations offering equivalent functionality.
Amendment 205 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/21/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment, including for disabled end-users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community.
Amendment 252 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Except where otherwise provided in implementing provisions adopted pursuant to Article 7a, uUpon completion of the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which:
Amendment 254 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, the AuthorityBERT, and the national regulatory authorities in other Member States, together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission and other national regulatory authorities thereof. National regulatory authorities and the Commission may make comments to the national regulatory authority concerned only within one month. The one month period may not be extended.
Amendment 286 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 1
Article 7a - paragraph 1
1. The Commission may lay down implementing provision, taking utmost account of the opinion of BERT, may lay down recommendations and/or guidelines in relation to Article 7 that define the form, content and level of details to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.
Amendment 293 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
Amendment 383 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 1
Article 9 a – paragraph 1 – subparagraph 1
1. For a period of five years starting on [1 January 2010date of transposition], Member States shallmay ensure that holders of rights to use radio frequencies which were granted before that date for a period of not less than five years may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4). By 1 January 2015, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive.
Amendment 493 #
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 1
Article 10 – paragraph 4 – subparagraph 1
4. Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of new and existing pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number rangto ensure cross-border access to national numbering used for essential services such as directory enquiries. The implementing measures may grant the AuthorityBERT specific responsibilities in the application of those measures.
Amendment 634 #
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-orientated and non- discriminatory terms, where this is not already the case;"