22 Amendments of Fiona HALL related to 2010/0252(COD)
Amendment 63 #
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market; to secure the full potential and consumer benefits of this radio spectrum programme and the single market the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as data protection and a European licence system for online content;
Amendment 84 #
Proposal for a decision
Recital 9
Recital 9
(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition and a pan- European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore conduct a thorough analysis of competition effects prior to new spectrum allocations as well as take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).
Amendment 86 #
Proposal for a decision
Recital 10
Recital 10
(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effectiveand the efficiency thereof, following a common review and assessment methodology are, is necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would helpe inventory should be sufficiently detailed to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
Amendment 123 #
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed as mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic.
Amendment 125 #
Proposal for a decision
Recital 14
Recital 14
(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions cshould be defined in concerted action among Member States and with the Commission. Conditions couldshould primarily ensure new entrants' access to lower bands through auctions or other competition procedures; conditions could also include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of new pan-European services and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.
Amendment 129 #
Proposal for a decision
Recital 15
Recital 15
(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, e-health, e-inclusion and public protection and disaster relief, e-health and e-inclusionthe latter in view of its increased use of video and data transmission for quick and more efficient service. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.
Amendment 135 #
Proposal for a decision
Recital 18
Recital 18
(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available oin a coherent basisordinated pan- European block of radio spectrum for the development and free circulation of safety services and devices and innovative pan- European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years. Any additional harmonised allocation of spectrum for Public Protection and Disaster Relief (PPDR) below 1GHz should also include a review of potential to free up or share other PPDR-held spectrum.
Amendment 136 #
Proposal for a decision
Recital 19
Recital 19
(19) Spectrum regulation has strong cross- border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended8 means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and play a role in multilateral negotiationsensure the Union speaks with one voice in multilateral negotiations to create global synergies and economies of scale in the use of spectrum, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.
Amendment 185 #
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the most appropriate, non- discriminatory and least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 195 #
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteeing the development and functioning of the internal digital market, in particular by ensuring effective competition and a pan-European level playing field.
Amendment 199 #
Proposal for a decision
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) guaranteeing the efficient use of spectrum by including in access rights the obligation to choose the most efficient and most appropriate compression, transmission and deployment technology while respecting the principle of service and technology neutrality;
Amendment 253 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum through the application of new technologies such as cognitive radio.
Amendment 262 #
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that selection conditions and procedures promote competition and a pan-European level playing field, investment and efficient use of spectrum.
Amendment 275 #
Proposal for a decision
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. In order to fully implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any assignment, accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter aliashall, prior to a planned spectrum assignment, conduct a thorough market analysis examining whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall adopt the most appropriate measures to promote effective competition, and at least one of the following measures, which are without prejudice to the application of competition rules:
Amendment 277 #
Proposal for a decision
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;
Amendment 279 #
Proposal for a decision
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) Member States may reserve a certain part of a spectrum band or group of bands to be assigned to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms;
Amendment 324 #
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission shall, in cooperation with the Member States, take the appropriate action to harmonise any further spectrum needed to meet the increased demand by consumers for mobile broadband and other new wireless communication services, including the harmonisation of the 1.5GHz and the 2.3GHz bands and review of the use of the spectrum below 1GHz, including the possible harmonisation of the 700MHz band for which the Commission shall present on 1 January 2014 at the latest its proposals for potential further action.
Amendment 347 #
Proposal for a decision
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805– 1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz and any other bands which may be freed up and harmonised for mobile broadband and other new wireless communication services.
Amendment 364 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If necessary, tThe Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.
Amendment 369 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriatenecessary information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. The provided information shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. If necessary the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business sensitive and confidential information.
Amendment 398 #
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests and to ensure the Union has a joint position, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.
Amendment 400 #
Proposal for a decision
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Union shall provide, upon request,In order to resolve spectrum coordination issues that would otherwise prevent Member States from implementing their obligations under Union law regarding spectrum policy and management, the Union shall provide political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.