10 Amendments of MARIAN ZLOTEA related to 2007/0247(COD)
Amendment 13 #
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) Next generation networks have enormous potential to deliver benefits to businesses and consumers across the European Union. It is therefore vital that a lack of regulatory clarity does not act as an impediment to sustainable investment in the development of these new networks, while boosting competition and consumer choice.
Amendment 24 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failureit would help to achieve effective non- discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 8 − point (e)
Article 1 – point 8 − point (e)
Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)
Article 8 – paragraph 4 – point g a (new)
Amendment 47 #
Proposal for a directive – 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 radiofrequencies by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria and avoids distorting competition.
Amendment 48 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – point b a (new)
Article 9 – paragraph 3 – point b a (new)
(ba) avoid distortion of competition,
Amendment 73 #
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 new services;
Amendment 77 #
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(e) "local loop" means the physical circuit connecting the network termination point at the subscriber's premises to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed.
Amendment 82 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(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 and that this measure would be the most effective and efficient means to enforce remedies aimed at addressing such failures.
Amendment 83 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
(b) an analysis of the costs and benefits of the measure, including its 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, investment, and any potential entailing effects on consumers;
Amendment 93 #
Proposal for a directive – amending act
Annex I – point 4 a (new)
Annex I – point 4 a (new)
Directive 2002/20/EC
Annex – Part C – point 1
Annex – Part C – point 1
1. Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply to specific number ranges for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC.