BETA

7 Amendments of Emmanouil ANGELAKAS related to 2007/0247(COD)

Amendment 10 #
Proposal for a directive – amending act
Recital 2
(2) In that regard, the Commission presented its initial findings in its Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 29 June 2006 on the review of the EU regulatory framework for electronic communications networks and services. On the basis of these initial findings, a public consultation was held, which identified the continued lack of an internal market for electronic communications as the most important aspect needing to be addressed. In particular, regulatory fragmentation and inconsistencies between the activities of the national regulatory authorities were found to jeopardise not only the competitiveness of the sector, but also the substantial consumer benefits from cross- border competitionshowed support for a continuation of the current model of the framework. The current framework introduces technical adjustments of a transitory nature to ensure a full transition to competition law becomes a reality, as the nature of the framework remains transitory and should end in 2014 by which point a fully competitive telecoms market should be a reality. The provisions of this Directive shall apply until 31 December 2014.
2008/05/14
Committee: IMCO
Amendment 14 #
Proposal for a directive – amending act
Recital 5 a (new)
(5a) In its Communication “Bridging the Broadband Gap” of 20 March 2006, the Commission acknowledged that there is a territorial divide in Europe regarding access to high speed broadband services. Despite the general increase in broadband connectivity, access in various regions is limited because of high costs due to low density of population and remoteness. Commercial incentives to invest in broadband deployment in these areas often turn out to be insufficient. On the positive side, technological innovation is reducing deployment costs. In order to ensure investment in new technologies in underdeveloped regions, telecoms regulation needs to be consistent with other policy measures taken, such as state aid policy, structural funds or wider industrial policy aims.
2008/05/14
Committee: IMCO
Amendment 22 #
Proposal for a directive – amending act
Recital 31
(31) It is necessary to strengthen the powers of the Member States vis-à-vis holders of rights of way to ensure the entry or roll out of new network in an environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. National regulatory authorities should be able to impose, on a case-by-case basis, the sharing of ducts, masts, and antennas, the entry into buildings and a better coordination of civil works. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings. The sharing of ducts should be extended to cover all public infrastructure (water, sewage, electricity, gas) through which electronic communications infrastructure can be deployed to create a level playing field and improve possibilities for the roll out of alternative infrastructure.
2008/05/14
Committee: IMCO
Amendment 32 #
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, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, including those of other public and private infrastructures such as water, sewage, gas and electricity ducts, masts, street cabinets, and buildings;
2008/05/14
Committee: IMCO
Amendment 61 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2002/21/EC
Article 12 − paragraph 1
1. Where an undertaking providing electronic communications networks public or private undertaking has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities, taking due account of the principle of proportionality, shall be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, and manholes and street cabinets.
2008/05/14
Committee: IMCO
Amendment 64 #
Proposal for a directive – amending act
Article 1 – point 13
Directive 2002/21/EC
Article 12 − paragraph 3 a (new)
3a. To ensure that measures adopted under paragraph 1 are proportionate, national regulatory authorities will investigate the availability of all ducts, including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
2008/05/14
Committee: IMCO
Amendment 79 #
Proposal for a directive – amending act
Article 2 – point 9
Directive 2002/19/EC
Article 13a
1. A national regulatory authority may, in accordance with the provisions of Article 8, and in particular the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of access products in an independently operating business unit. That business unit shall supply access products and services to all undertakings, including other business units within the parent company, on the same timescales, terms and conditions, including with regard to price and service levels, and by means of the same systems and processes. 2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission that includes. (a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co- ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product markets. (b) an analysis of the expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects on consumers; (c) a draft of the measure being proposed 3. The draft measure shall include the following elements: (a) the precise nature and level of separation, specifying in particular the legal status of the separate business entity; (b) identification of the assets of the separate business entity, and the products or services to be supplied by this entity; (c) the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure; (d) rules for ensuring compliance with the obligations; (e) rules for ensuring transparency of operational procedures, in particular towards other stakeholders; (f) a monitoring programme to ensure compliance, including publication of an annual report. 4. Following the Commission's decision on the draft measure taken in accordance with Article 8(3), the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 5. An undertaking on which functional separation has been imposed may be subject to any of the obligations identified in Articles 9–13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to paragraph 3 of Article 8Article 13a deleted Functional separation
2008/05/14
Committee: IMCO