71 Amendments of Erna HENNICOT-SCHOEPGES related to 2007/0247(COD)
Amendment 51 #
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 communication service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective 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 linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 52 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 − paragraph 4 – subparagraph 3
Article 9 − paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communication service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 54 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 − paragraph 5
Article 9 − paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 92 #
Proposal for a directive – amending act
Recital 3
Recital 3
(3) The EU regulatory framework for electronic communications networks and services should therefore be reformed in order to complete the internal market for electronic communications by strengthening the Community mechanism for regulating operators with significant market power in the key markets. This is complemented through the establishment by Regulation […/…./EC] of [date] of the European Parliament and of the Council of a European Electronic Communications Market Authority (hereinafter referred to as "the Authority"). The reform also includes the definition of an efficient spectrum management strategy in order to achieve a Single European Information Space and the reinforcement of provisions for users with disabilities in order to obtain an inclusive information society.
Amendment 101 #
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) The reform of the EU regulatory framework would be best enhanced by the improved functioning and efficiency of the European Regulators Group (ERG), the Radio Spectrum Policy Group (RSPG) and the European Conference on Postal and Telecommunications Administrations (CEPT). The advisory role of the ERG should be strengthened in areas including market regulation and spectrum policy. The advisory roles of both the RSPG and the CEPT should be reinforced in relation to spectrum policy. The functioning of the Communications Committee (COCOM) and the Radio Spectrum Committee (RSC) would benefit from greater transparency and the more active involvement of industry stakeholders in the preparation of ongoing tasks.
Amendment 115 #
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) The views of national regulatory authorities and industry stakeholders should be taken into account by the Commission when making decisions under this Directive through the use of effective consultation to ensure transparency and proportionality. The Commission should issue detailed consultation documents, explaining the different courses of action being considered, and interested stakeholders shall be given a reasonable time in which to respond. Having considered the responses, the Commission should give reasons for the resulting decision in a statement following the relevant consultation, including a description of how the views of those responding have been taken into account.
Amendment 124 #
Recital 22
(22) The spectrum managementIn applying the provisions of this Directive should be consistent with the relating to spectrum management, Member States should act in accordance with the legal framework of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and harmonisation of the use of spectrum across the Community and globallybetween Member States and other members of the ITU.
Amendment 128 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Radio frequencies should be managed so as to ensure that harmful interference is avoided. This basic concept of harmful interference should therefore be properly defined by taking account of existing internationally or regionally agreed frequency allocation plans to ensure that regulatory intervention is limited to the extent necessary to prevent such interference.
Amendment 135 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Exceptions to the principle of technology neutrality should be limited 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 141 #
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 copedeal with previously acquired rights and the provisions of national frequency allocation plans and the International Telecommunication Union (ITU) Radio Regulations. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service in order to take national public policy considerations into account or to meet clearly defined general interest objectives such as, for example, safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitteradio frequencies and wthere necessary and proportionate effective management of spectrum. Those objectives should include the promotion of national audiovisual and media policies, 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, or ensure that the above objectives are achieved, 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 152 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity, national audiovisual and media policies and media pluralism in accordance with their own national law.
Amendment 185 #
Proposal for a directive – amending act
Recital 49
Recital 49
Amendment 191 #
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 195 #
Proposal for a directive – amending act
Recital 51
Recital 51
(51) Considering its restrictive impact on free access to radio frequencies, the validity of an individual right of use that is not tradable should be limited in time. Where rights of use contain provision for renewing their validity, Member States should first carry out a review, including a public consultation, taking into account market, coverage and technological developments. In view of spectrum scarcity, individual rights granted to undertakings should be regularly reviewed. In carrying out this review, Member States should balance the interests of the rights holderscarrying out this review, Member States should balance the interests of the rights holders and consumers (taking into account investment made, investment and innovation potential and the need to ensure business certainty) with the need to foster the introduction of spectrum trading as well as the more flexible use of spectrum through general authoriszations where possible.
Amendment 214 #
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, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings;
Amendment 221 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
Article 2 – point s
(s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations.
Amendment 299 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content and access to services across all networks;
Amendment 318 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria, respect international agreements (including those made under the auspices of the ITU) and take account of public policy considerations.
Amendment 325 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of radio network or wireless access, Member States shall ensure, insofar as possible, that all types of technology may be used in the radio frequency bands open toavailable for electronic communications services, as identified in their national frequency allocation plans and in the ITU Radio Regulations.
Amendment 330 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services.
Amendment 331 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – introductory wording
Article 9 – paragraph 3 – subparagraph 2 – introductory wording
Member States may, however, provide for proportionate and non-discriminatory restrictions ton the types of radio network or wireless access technology used for electronic communication services where this is necessary to:
Amendment 332 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) avoid the possibility of harmful interference,
Amendment 336 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point b
Article 9 – paragraph 3 – subparagraph 2 – point b
(b) protect public health against electromagnetic fieldsensure technical quality of service,
Amendment 339 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequencies sharing where thethe efficient use of radio frequencies is subject to a general authorisation, or
Amendment 341 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) protect public health against electromagnetic fields, or
Amendment 351 #
Proposal for a regulation – 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, Member States shall, insofar as possible, facilitate the use of all types of electronic communications services may be provided in the radio frequency bands open toavailable for electronic communications, in accordance with their national frequency allocation plans and the 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 359 #
Proposal for a regulation – 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 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 linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 367 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 373 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Paragraphs 3 and 4 shall apply to the allocation and assignment of radio frequencies after 31 December 2009[date of transposition].
Amendment 380 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a
Article 9 a
Amendment 403 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – 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 with national procedures and does not result in a change in the service as identified in the national fregulatory authorityquency allocation tables and in the ITU Radio Regulations for that radio frequency band.
Amendment 414 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2
Article 9b – paragraph 1 – subparagraph 2
In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings in accordance with national procedures.
Amendment 415 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2 a (new)
Article 9b – paragraph 1 – subparagraph 2 a (new)
2a. However, where such transfer or lease would involve frequencies which have been made available on the basis of a restriction to ensure the fulfilment of a general interest objective as provided for in Article 9(4), the prior consent of the national regulatory authority shall be required. Where applicable, Member States may require an authorisation or an opinion from the national authority responsible for audiovisual media services.
Amendment 416 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 a (new)
Article 9b – paragraph 1 a (new)
1a. Radio frequencies which have been attributed freely to stakeholders may not be transferred in return for remuneration. If radio frequencies have been attributed in fulfilment of a general interest obligation, the transfer of those frequencies shall entail the transfer of that obligation to the stakeholder.
Amendment 418 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 2
Article 9b – paragraph 2
2. Member States shall ensure that an undertaking’s intention to transfer of rights to use radio frequencies is notified to the national regulatory authority responsible for spectrum assignment and is made public. Where radio frequency usespecific conditions for the use of a radio frequency have been established at national level or hasve been harmonised through the application of the Radio Spectrum Decision or other Community measures, any such transfer shall comply with such harmonised use.
Amendment 425 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market, for the achievement of the principles of this Article and in accordance with Article 9d and the Radio Spectrum Decision, the Commission may adopt appropriate implementing measures to:
Amendment 448 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point a
Article 9c – paragaph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, with the exception of radio broadcasting frequencies;
Amendment 449 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings;
Amendment 451 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point b
Article 9c – paragaph 1 – point b
(b) harmonise the conditions attached to such rights andcreate an exception to the principle of services or technology neutrality, as well as to harmonise the sconditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leasespe and nature of any exceptions to these principles in accordance with Article 9(3) and (4), other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism;
Amendment 453 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
Article 9c – paragraph 1 – point b
Amendment 457 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point c
Article 9c – paragraph 1 – point c
Amendment 459 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – subparagraph 1 – point c
Article 9c – subparagraph 1 – point c
Amendment 462 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 475 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures in this Article, 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). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC].’
Amendment 483 #
Proposal for a directive – amending act
Article 1 – point 10a (new)
Article 1 – point 10a (new)
Directive 2002/20/EC
Article 9ca (new)
Article 9ca (new)
Amendment 491 #
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 pan- European services, without detrimental effects for existing 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 Authority specific responsibilities in the application of those measures.
Amendment 600 #
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 telecommunications services, and of new services;
Amendment 618 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to billing and collection services and to subscriber databases for the provision of directory services; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 658 #
Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)
Article 2 – point 8 – point b a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
(ba) In the second subparagraph of paragraph 1, the following point is added: "(ja) to provide third-party billing services and access to subscriber databases to providers of directory enquiry services."
Amendment 660 #
Proposal for a directive – amending act
Article 2 – point 8 – point b b (new)
Article 2 – point 8 – point b b (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
(bb) In the second subparagraph of paragraph 1, the following point is added: "(jb) network operators shall propose and offer cross-border interconnection to requesting operators under reasonable and non-discriminatory conditions to allow for the further decrease of international calls."
Amendment 661 #
Proposal for a directive – amending act
Article 2 – point 8 – point b c (new)
Article 2 – point 8 – point b c (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
(bc) In the second subparagraph of paragraph 1, the following point is added: "(jc) network operators shall propose and offer roaming to requesting operators under reasonable and non-discriminatory conditions."
Amendment 717 #
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 2a (new) §
Article 3 – paragraph 2a (new) §
(2a) In Article 3, the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified notification 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 and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 722 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – introductory wording
Article 5 – paragraph 1 – introductory wording
1. Member States shall not makfacilitate the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation, unless it is justified togeneral authorisation. Member States may grant individual rights in order to:
Amendment 729 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) avoid a serious riskthe possibility of harmful interference; or
Amendment 738 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fulfil other objectives of general interestensure the efficient use of spectrum.
Amendment 740 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point ba (new)
Article 5 – paragraph 1 – point ba (new)
(ba) ensure the technical quality of services.
Amendment 742 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point bb (new)
Article 5 – paragraph 1 – point bb (new)
(bb) fulfil other objectives of general interest.
Amendment 747 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Without prejudice to specific criteria defined in advanceand procedures adopted by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be open, except in cases where the granting of individual rights of use for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.
Amendment 753 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 4
Article 5 – paragraph 2 – subparagraph 4
Where Member States grant rights of use for a limited period of time, the duration shall be appropriate for the service concerned in view of the objective pursued and defined in advance, taking due account of the need to allow for an appropriate period for amortization of investment.
Amendment 754 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 767 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 6
Article 5 – paragraph 6
6. National regulatory authoritiMember States shall ensure that radio frequencies are efficiently and effectively used in accordance with Article 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may take appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.
Amendment 772 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
1. In order to achieve the objectives set out in Article 1, and without prejudice to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)1 and to Article 5(2) of this Directive, the Commission may adopt implementing measures: ___________ 1 OJ L 108, 24.4.2002, p. 1.
Amendment 779 #
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 a
Article 6a – paragraph 1 – subparagraph 1 – point a
(a) to identify radio frequency bands the use of which is tomay be made subject to general authorisations or individual rights of use for radio frequencies; and
Amendment 780 #
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 c
Article 6a – paragraph 1 – subparagraph 1 – point c
Amendment 784 #
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 d
Article 6a – paragraph 1 – subparagraph 1 – point d
Amendment 790 #
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 e
Article 6a – paragraph 1 – subparagraph 1 – point e
Amendment 793 #
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 f
Article 6a – paragraph 1 – subparagraph 1 – point f
Amendment 798 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2
Article 6a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (fb), 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 14a(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a(4).
Amendment 803 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 3
Article 6a – paragraph 3
3. In implementing the provisions of this Article, the Commission may be assisted by the European Electronic Communications Market Authority (hereinafter referred to as 'the Authority'). The Commission shall take the utmost account of the opinion of the Authority, if any, submitted in accordance with Article 11 ofshall take the utmost account of national frequency allocation plans and the ITU Radio Regulation [ ]s.
Amendment 822 #
Proposal for a directive – amending act
Annex I – point 4 – point a
Annex I – point 4 – point a
Directive 2002/20/EC
Annex I – part B – point 1
Annex I – part B – point 1
1. Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, exclusive use of a frequency for broadcasting specific audiovisual content or services and coverage requirements.