BETA

71 Amendments of Erna HENNICOT-SCHOEPGES related to 2007/0247(COD)

Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/05/14
Committee: IMCO
Amendment 52 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/05/14
Committee: IMCO
Amendment 54 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/05/14
Committee: IMCO
Amendment 92 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 101 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 115 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
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.
2009/03/16
Committee: ITRE
Amendment 128 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 135 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 141 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 152 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 185 #
Proposal for a directive – amending act
Recital 49
(49) The introduction of the requirements of service and technology neutrality in assignment and allocation decisions, together with the increased possibility to transfer rights between undertakings, should increase the freedom and means to deliver electronic communications and audiovisual media services to the public, thereby also facilitating the achievement of general interest objectives. Therefore, certain general interest obligations imposed on broadcasters for the delivery of audiovisual media services could be increasingly met without the need to grant individual rights to use spectrum. The use of specific criteria to assign spectrum to broadcasters would be justified only where this is essential to meet a particular general interest objective set out in national law. Procedures associated with the pursuit of general interest objectives should in all circumstances be transparent, objective, proportionate and non-discriminatory.deleted
2008/05/28
Committee: ITRE
Amendment 191 #
Proposal for a directive – amending act
Recital 50
(50) In order to ensure equal treatment, no spectrum users should be exempted from the obligation to pay the normal fees or charges set for the use of the spectrum.deleted
2008/05/28
Committee: ITRE
Amendment 195 #
Proposal for a directive – amending act
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.
2008/05/28
Committee: ITRE
Amendment 214 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2002/21/EC
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;
2008/05/30
Committee: ITRE
Amendment 221 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Directive 2002/21/EC
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.
2008/05/30
Committee: ITRE
Amendment 299 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Directives 2002/21/EC
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;
2008/05/30
Committee: ITRE
Amendment 318 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 325 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 330 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 331 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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:
2008/06/03
Committee: ITRE
Amendment 332 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) avoid the possibility of harmful interference,
2008/06/03
Committee: ITRE
Amendment 336 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point b
(b) protect public health against electromagnetic fieldsensure technical quality of service,
2008/06/03
Committee: ITRE
Amendment 339 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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
2008/06/03
Committee: ITRE
Amendment 341 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) protect public health against electromagnetic fields, or
2008/06/03
Committee: ITRE
Amendment 351 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 359 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 367 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 370 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 373 #
Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
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].
2008/06/03
Committee: ITRE
Amendment 380 #
Proposal for a regulation – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 a
Review of restrictions to existing rights 1. For a period of five years starting on [1 January 2010], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date 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). Before adopting its decision the competent national regulatory authority shall notify the right holder of its reassessment of the restrictions, indicating the extent of the right after reassessment, and allow him a reasonable time limit to withdraw his application. If the right holder withdraws his application, the right shall remain unchanged until its expiry or till the end of the 5 year period, whichever is the earlier date. 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 Directive. 3. After the five-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive. 4. In applying this Article, Member States shall take appropriate measures to guarantee fair competition.Article 9a deleted
2008/06/03
Committee: ITRE
Amendment 403 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 414 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 415 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 416 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 418 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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.
2008/06/03
Committee: ITRE
Amendment 425 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
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:
2008/06/03
Committee: ITRE
Amendment 448 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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;
2008/06/03
Committee: ITRE
Amendment 449 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings;
2008/06/03
Committee: ITRE
Amendment 451 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
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;
2008/06/03
Committee: ITRE
Amendment 453 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;deleted
2008/06/03
Committee: ITRE
Amendment 457 #
Proposal for a directive – amending act
Article 1 - point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point c
(c) harmonise the specific measures to ensure fair competition where individual rights are transferrdeleted;
2008/06/03
Committee: ITRE
Amendment 459 #
Proposal for a directive – amending act
Article 1 - point 10
Directive 2002/21/EC
Article 9c – subparagraph 1 – point c
(c) harmonise the specific measures to ensure fair competition where individual rights are transferrdeleted;
2008/06/03
Committee: ITRE
Amendment 462 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope 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.deleted
2008/06/04
Committee: ITRE
Amendment 475 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
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].’
2008/06/04
Committee: ITRE
Amendment 483 #
Proposal for a directive – amending act
Article 1 – point 10a (new)
Directive 2002/20/EC
Article 9ca (new)
(10a) The following Article shall be inserted: "Article 9ca 1. The Commission shall monitor developments regarding radio spectrum in third countries and in international organisations, including the ITU, which may have implications for the implementation of this Directive. 2. Member States shall inform the Commission of any difficulties created, de jure or de facto, by existing international agreements with third countries or international organisations, including the ITU, in relation to the implementation of this Directive. 3. The Commission shall report regularly on the results of the application of paragraphs 1 and 2 to the European Parliament and the Council, and may propose measures with the aim of securing the implementation of the principles and objectives of this Directive, where appropriate. When necessary, common policy objectives shall be agreed to ensure coordination among Member States. 4. Measures taken pursuant to this Article shall be without prejudice to the rights and obligations of the Community and the Member States under relevant international agreements."
2008/06/04
Committee: ITRE
Amendment 491 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Directive 2002/21/EC
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.
2008/06/04
Committee: ITRE
Amendment 600 #
Proposal for a directive – amending act
Article 1 – point 20
Directive 2002/21/EC
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;
2008/06/04
Committee: ITRE
Amendment 618 #
Proposal for a directive – amending act
Article 2 – point 1
Directive 2002/19/EC
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.
2008/06/10
Committee: ITRE
Amendment 658 #
Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)
Directive 2002/19/EC
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."
2008/06/10
Committee: ITRE
Amendment 660 #
Proposal for a directive – amending act
Article 2 – point 8 – point b b (new)
Directive 2002/19/EC
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."
2008/06/10
Committee: ITRE
Amendment 661 #
Proposal for a directive – amending act
Article 2 – point 8 – point b c (new)
Directive 2002/19/EC
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."
2008/06/10
Committee: ITRE
Amendment 717 #
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Directive 2002/20/EC
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."
2008/06/10
Committee: ITRE
Amendment 722 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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:
2008/06/10
Committee: ITRE
Amendment 729 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
(a) avoid a serious riskthe possibility of harmful interference; or
2008/06/10
Committee: ITRE
Amendment 738 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
(b) fulfil other objectives of general interestensure the efficient use of spectrum.
2008/06/10
Committee: ITRE
Amendment 740 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point ba (new)
(ba) ensure the technical quality of services.
2008/06/10
Committee: ITRE
Amendment 742 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point bb (new)
(bb) fulfil other objectives of general interest.
2008/06/10
Committee: ITRE
Amendment 747 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 753 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 754 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Any individual right to use radio frequencies that is granted for ten years or more and that may not be transferred or leased between undertakings as a allowed by Article 9b of the Framework Directive shall, every five years and for the first time five years after its issuance, be subject to a review in the light of the criteria in paragraph 1. If the criteria to grant individual rights of use are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice of not more than five years from the conclusion of the review, or shall be made freely transferable or leaseable between undertakings.deleted
2008/06/10
Committee: ITRE
Amendment 767 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 772 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 779 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
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
2008/06/10
Committee: ITRE
Amendment 780 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c
(c) to harmonise procedures for the granting of general authorisations or individual rights of use for radio frequencies or numbers;deleted
2008/06/10
Committee: ITRE
Amendment 784 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d
(d) to harmonise the conditions specified in Annex II relating to general authorisations or individual rights of use for radio frequencies or numbers;deleted
2008/06/10
Committee: ITRE
Amendment 790 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point e
(e) to provide for the amendment or withdrawal of authorisations or rights of use and the procedures relating to point (d);deleted
2008/06/10
Committee: ITRE
Amendment 793 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f
(f) to lay down procedures for the selection of undertakings to which individual rights of use for radio frequencies or numbers shall be granted by the national regulatory authorities, where appropriate in accordance with the provisions of Article 6b.deleted
2008/06/10
Committee: ITRE
Amendment 798 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
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).
2008/06/10
Committee: ITRE
Amendment 803 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE
Amendment 822 #
Proposal for a directive – amending act
Annex I – point 4 – point a
Directive 2002/20/EC
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.
2008/06/10
Committee: ITRE