18 Amendments of Katerina BATZELI related to 2007/0247(COD)
Amendment 36 #
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 of a specific service 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 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 45 #
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) The provisions of this Directive that provide for the transition of electronic communications and services to a fully competitive market should be limited in time. The ex ante regulation of electronic communications and services should no longer apply once only Community and national competition law is applicable. To ensure a timely transition to the application of Community and national competition law, current legislation should expire on a specific date. In the event of remaining competition problems, the Commission should propose an extension of the application of ex ante regulation by proposing an amendment to the current legal framework.
Amendment 46 #
Proposal for a directive – amending act
Recital 2
Recital 2
(2) In that regard, the Commission presented its initial findings in its Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 29 June 2006 on the review of the EU regulatory framework for electronic communications networks and services. On the basis of these initial findings, a public consultation was held, which identified the continued lack of an internal market for electronic communications as the most important aspect needing to be addressed. In particular,need to maintain, for the time being, a regulatory framework for electronic communications and services. The current revision of the regulatory fragmentation and inconsistencies between the activities of the national regulatory authorities were found to jeopardise not only the competitiveness of the sector, but also the substawork introduces transitional provisions in order to ensure that a full transition to competition law becomes a reality by 2015. The provisions of this Directive should apply untial consumer benefits from cross- border competition31 December 2014.
Amendment 46 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 –point c
Article 7 – paragraph 4 –point c
(c) imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Articles 5 - excluding paragraph 1(b) - and 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive),
Amendment 48 #
Proposal for a directive – amending act
Article 1 – point 8 - point e
Article 1 – point 8 - point e
Directive 2002/21/EC
Article 8 – paragraph 4 - point g a (new)
Article 8 – paragraph 4 - point g a (new)
(ga) ensuring the cooperation of undertakings providing electronic communications networks and services with the sectors concerned with the protection and the promotion of lawful content over electronic communications networks and services.
Amendment 49 #
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) In its Communication of 20 March 2006 entitled "Bridging the Broadband Gap", the Commission acknowledged that there is a territorial divide in Europe regarding access to high-speed broadband services. Moreover, commercial incentives to invest in broadband deployment in areas with currently low broadband connection often turn out to be insufficient. In order to ensure investment in broadband services and new technologies in underdeveloped regions, this Directive should be consistent with other policy measures, such as State aid policy, structural funds or wider industrial policy aims.
Amendment 51 #
Proposal for a directive – amending act
Recital 31
Recital 31
(31) It is necessary to strengthen the powers of the Member States vis-à-vis holders of rights of way to ensure the entry or roll out of new network in an environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. National regulatory authorities should be able to impose, on a case-by-case basis, the sharing of ducts, masts, and antennas, the entry into buildings and a better coordination of civil works. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings. The sharing of ducts should be extended to cover all public infrastructure (water, sewage, electricity, gas) through which electronic communications infrastructure can be deployed to create a level playing field and improve possibilities for the roll out of alternative infrastructure.
Amendment 55 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) comply with a restriction in accordance with paragraph 4 below, including restrictions aimed at promoting cultural and media policy objectives.
Amendment 59 #
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 communications 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 65 #
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, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, including those of other public and private infrastructures such as water, sewage, gas and electricity, masts, street cabinets, and buildings;’
Amendment 70 #
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 of the part of the radio frequencies which is necessary for the fulfilment of such objective. 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 the Authorisation DirectivRestrictions granted for the fulfilment of a specific general interest objective in the framework of cultural and media national policy are exempted from the reassessment procedure of this Article.
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 75 #
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 the national regulatory authorityprovided that such transfer or lease is in accordance of national procedures and does not result in a change in the service provided over that radio frequency band.
Amendment 93 #
Proposal for a directive – amending act
Article 2 – point 3 - point a
Article 2 – point 3 - point a
Directive 2002/19/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Obligations and conditions imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive).’ Those procedures shall not apply to paragraph 1(b) of this Article.
Amendment 97 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall be able to impose the sharing of such facilities or property, taking full account of the principle of proportionality, including entries to buildings, masts, antennae, ducts, manholes and street cabinets.
Amendment 99 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. To ensure that measures under paragraph 1 are proportionate, national regulatory authorities shall investigate the availability of all ducts including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
Amendment 109 #
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(24a) In Article 25, the following paragraph shall be added: "1a. The Commission shall evaluate whether in the light of developments in the market and with regard to competition, there is a need to extend the duration of the provisions of this framework or to amend it. In that case the Commission shall submit a proposal to the European Parliament and the Council."
Amendment 110 #
Proposal for a directive – amending act
Article 1 – point 24 b (new)
Article 1 – point 24 b (new)
Directive 2002/21/EC
Article 26 a (new)
Article 26 a (new)
(24b) The following article shall be inserted: "Article 26a Expiry of provisions Articles 14, 15 and 16 shall expire on 31 December 2014."