36 Amendments of Sharon BOWLES related to 2007/0247(COD)
Amendment 18 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
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, which technically obstructs the joint use of frequencies or which may otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Community or national regulations.
Amendment 21 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2002/21/EC
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have the appropriate expertise available to it to enable it to carry out its functions. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. Member States shall set time limits on consideration of such appeals, ensuring that proceedings are not unduly protracted.
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information. Undertakings shall also provide advance indication of any significant potential restriction of wholesale services that are made available to competitors. Commercial confidentiality, as provided for by national or Community law, must be respected.
Amendment 24 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Within the two month period referred to in paragraph 4, with regard to conditions (a) and (b) of paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure. With regard to condition (c) of paragraph 4, the Commission, the national regulatory authority and the Authority shall negotiate with a view to reaching an agreement. In the event that no mutually agreed solution is found, the Commission may issue a decision providing it is backed by a simple majority on the Authority.
Amendment 25 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 26 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 27 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The national regulatory authority shall communicate to the Commission all final measures which fall under conditions a) and b) in Article 7(3).
Amendment 28 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2002/21/EC
Article 8 – paragraph 4 – point g
Article 8 – paragraph 4 – point g
(g) applying the principle that end-users should be able to access and distribute any lawful content and use any lawful applications and/or services of their choice. as contractually agreed between the provider and the subscriber. Nothing in that principle, nor the presence in or absence from any contract of any mention of that principle, shall have the effect of setting aside the provisions of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society1. _______________________________ 1 OJ L 167, 22.6.2001, p. 10.
Amendment 30 #
Proposal for a directive – 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 maximisationefficient use of radio frequencies sharing where the use of frequencies is subject to a general authorisation, including the maximisation of radio frequency sharing where possible; or
Amendment 31 #
Proposal for a directive – amending act
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2002/21/EC
Article 9 – paragraph 3 – point d a (new)
Article 9 – paragraph 3 – point d a (new)
(9a) The following point shall be inserted: "(da) take account of international and regional spectrum organisations and respect internationally agreed frequency plans, or"
Amendment 32 #
Proposal for a directive – amending act
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2002/21/EC
Article 9 – paragraph 3 – point d b (new)
Article 9 – paragraph 3 – point d b (new)
(9b) The following point shall be inserted: "(db) safeguard efficient use of spectrum."
Amendment 33 #
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 as identified in their national frequency allocation tables and in 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 34 #
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 a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective, as defined in national legislation, 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, the promotion of consumer choice regarding alternative and new services, technology and platform, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism.
Amendment 36 #
Proposal for a directive – amending act
Article 1 – point 11
Article 1 – point 11
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority. The implementing measures may grant the European Radio Communications Office (ERO) specific responsibilities in the application of those measures.
Amendment 38 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3
Article 13 a – paragraph 3
3. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the relevant national regulatory authority of any breach of security or integrity that had a significant impact on the operation of networks or services. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public. Every threesix months, the relevant national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4 – subparagraph 1
Article 13 a – paragraph 4 – subparagraph 1
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC]ENISA, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements.
Amendment 42 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b
Article 13 b
1. Member States shall ensure that the relevant national regulatory authorities have the power to issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services in order to implement Article 13a. 2. Member States shall ensure that the relevant national regulatory authorities have the power to require undertakings providing public communications networks or publicly available electronic communications services to: (a) provide information needed to assess the security of their services and networks, including documented security policies; and (b) instruct a qualified independent body to carry out a security audit and make the results thereof available to the national regulatory authority. 3. Member States shall ensure that the relevant national regulatory authorities have all the powers necessary to investigate cases of non- compliance. 4. These provisions shall be without prejudice to Article 3 of this Directive.
Amendment 47 #
Proposal for a directive – amending act
Article 2 – point 8 – point -a (new)
Article 2 – point 8 – point -a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – point -a (new)
Article 12 – paragraph 1 – point -a (new)
(-a) In paragraph 1, the following point is inserted: "(ba) to conclude radio access network sharing agreements to cover remote and or non-profitable areas in order to offer and give access to multiple choices of services throughout the territory of each Member State to the benefit of consumers and the environment."
Amendment 48 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13 a – paragraph 2 – introductory part
Article 13 a – paragraph 2 – introductory part
2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission thatnotify the Commission. The notification shall includes.:
Amendment 49 #
Proposal for a directive – amending act
Article 3 – point 1
Article 3 – point 1
Directive 2002/20/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The following definitions shall also apply: "general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive. "global telecommunications services" means managed business data and voice services for multinational companies with locations in different countries and, often, different continents. They are inherently cross-border and, within Europe, pan- European services.
Amendment 50 #
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 3 a (new)
Article 3 – paragraph 3 a (new)
(2a) In Article 3, the following paragraph is added: "3a. New global telecommunications services shall be subject to no more than a simplified notification process with specific registration of electronic communications service activity as ‘global telecommunications services’."
Amendment 51 #
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 risk of harmful interference, competitive distortions or;
Amendment 52 #
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. NThe national regulatoryspectrum authorities 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 53 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/21/EC
Article 6 b
Article 6 b
1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the AuthorityRadio Spectrum Policy Group (RSPG) to make proposals for the selection of undertaking(s) to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [...]. In such cases, the measure shall specify the period within which the AuthorityRSPG shall complete the selection, the procedure, rules and conditions applicable to the selection, and details of any charges and fees to be imposed on the holders of rights for use of radio frequencies and/or numbers, in order to ensure the optimal use of spectrum or numbering resources. The selection procedure shall be open, transparent, non- discriminatory and objective. 2. Taking the utmost account of the opinion of the AuthorityRSPG, the Commission shall adopt a measure selecting the undertaking(s) to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).
Amendment 54 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6 b
Article 6 b
Amendment 70 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information. Undertakings shall also provide advance indication of significant potential restriction to wholesale services made available to competitors. Commercial confidentiality, as provided by national or Community law, must be respected.
Amendment 100 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13a – paragraph 3
Article 13a – paragraph 3
3. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the relevant national regulatory authority of any breach of security or integrity that had a significant impact on the operation of networks or services. Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public. Every threesix months, the relevant national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 102 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13a – paragraph 4 – subparagraph 1
Article 13a – paragraph 4 – subparagraph 1
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC]ENISA, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. The technical implementing measures shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.
Amendment 104 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13b
Article 13b
1. Member States shall ensure that the relevant national regulatory authorities have the power to issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services in order to implement Article 13a. 2. Member States shall ensure that the relevant national regulatory authorities have the power to require undertakings providing public communications networks or publicly available electronic communications services to: (a) provide information needed to assess the security of their services and networks, including documented security policies; and (b) instruct a qualified independent body to carry out a security audit and make the results thereof available to the national regulatory authority. 3. Member States shall ensure that the relevant national regulatory authorities have all the powers necessary to investigate cases of non- compliance. 4. These provisions shall be without prejudice to Article 3 of this Directive.’
Amendment 108 #
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 114 #
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 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
(2a) In Article 3(2), the following new subparagraph shall be added: "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 for multinational companies with locations in different countries and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 116 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/21/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) avoid a serious risk of harmful interference, competitive distortions; or
Amendment 126 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6 b
Article 6 b
1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the AuthorityRadio Spectrum Policy Group (RSPG) to make proposals for the selection of undertaking(s) to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [...]. In such cases, the measure shall specify the period within which the AuthorityRSPG shall complete the selection, the procedure, rules and conditions applicable to the selection, and details of any charges and fees to be imposed on the holders of rights for use of radio frequencies and/or numbers, in order to ensure the optimal use of spectrum or numbering resources. The selection procedure shall be open, transparent, non- discriminatory and objective. 2. Taking the utmost account of the opinion of the AuthorityRSPG, the Commission shall adopt a measure selecting the undertaking(s) to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).
Amendment 599 #
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 telecommunication services, and of new services;
Amendment 718 #
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 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) In Article 3 the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified 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 or continents. They are inherently cross-border and, within, Europe, pan-European services."
Amendment 788 #
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 da (new)
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
(da) to harmonise the conditions specified in Annex I relating to general authorisations;