25 Amendments of Martí GRAU i SEGÚ related to 2007/0248(COD)
Amendment 61 #
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) The universal service is a protective network for people whose financial resources, geographical location or special social needs do not permit them to access the basic services available to the great majority of citizens. The basic universal service obligation laid down in the current directive is to provide users who so request with a connection to the public telephone network from a fixed location and at an affordable price. As a result, it does not determine the speed of access to the Internet for a given user, being confined to permitting, in this case, the transmission of voice and data at speeds sufficient to access such online services as are available via the public Internet. This obligation, which has in the past been limited to a single connection to the narrow-band network, is now confronted by developments in the technology and the market in which networks are increasingly adopting the technology associated with mobile and broadband communications, raising a need to assess whether the technical, social and economic conditions justifying the inclusion of mobile communications and broadband access in the universal service obligation are fulfilled. To this end, the next review of implementation of the Directive should include an analysis, in the light of the trend in social, commercial and technological conditions, of the risk of social exclusion involved in not having access to these facilities, and of the technical and economic viability, estimated cost and its allocation, in the event of their provision.
Amendment 105 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) The provisions of this Directive shall apply without prejudice to Community rules on consumer protection, in particular Directives 93/13/EC and 97/7/EC, and national rules in conformity with Community law.
Amendment 108 #
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/22/EC
Article 2 – point (c)
Article 2 – point (c)
(c) “publicly available telephone service” means a service available to the public for originating and/or receiving, directly or indirectly via carrier selection or pre- selection or resale, national and/or international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 109 #
Proposal for a directive – amending act
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 2002/22/EC
Article 2 – point (d)
Article 2 – point (d)
(ba) Point (d) shall be replaced by the following: (d) ‘geographic number’ means a number from the national telephone numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point (NTP);
Amendment 110 #
Proposal for a directive – amending act
Article 1 – point 2 – point b b (new)
Article 1 – point 2 – point b b (new)
Directive 2002/22/EC
Article 2 – point (e)
Article 2 – point (e)
(bb) Point (e) shall be deleted.
Amendment 122 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Member States may take measures to ensure that all reasonable requests as referred to in paragraph 1 for functional Internet provision by connection to the network are met by at least one undertaking.
Amendment 133 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/22/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may, in the light of national conditions, require that designated undertakings provide tariff options or packages to consumers which depart from those provided under normal commercial conditions, in particular to ensure that those on low incomes or with special social needs are not prevented from accessing or using the network access referred to in Article 4(1), or the services identified in Articles 4(2)(a), 4(3), 5, 6 and 7 as falling under the universal service obligations and provided by designated undertakings.
Amendment 134 #
Proposal for a directive – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2002/22/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 7 c (new)
Article 1 – point 7 c (new)
Directive 2002/22/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
(7c) In Article 11, paragraph 1 is amended as follows: ‘1. National regulatory authorities shall ensure that all designated undertakings with obligations under Articles 4, 5, 6, 7 and 9(2) publish adequate and up-to- date information concerning their performance in the provision of universal service, based on the quality of service parameters, definitions and measurement methods set out in Annex III. The published information shall […] on request be supplied to the national regulatory authority.’
Amendment 138 #
Proposal for a directive – amending act
Article 1 – point 7 d (new)
Article 1 – point 7 d (new)
Directive 2002/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(7d) In Article 11, paragraph 3 is amended as follows: ‘3. National regulatory authorities may, in addition, specify the content, form and manner of information to be published, in order to ensure that end- users and consumers have access to comprehensive, […] reliable, high-quality and user-friendly information.’
Amendment 142 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 148 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
(hb) the customer services available, and ways of contacting such services.
Amendment 157 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services that allow voice communication, subscribend-users are clearly informed whether or not access to emergency services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack of access to emergency services in advance of the conclusion of a contract and regularly thereafter.
Amendment 162 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services and/or networks, subscribend-users are clearly informed in advance of the conclusion of a contract and regularly thereafter of any explicit limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.
Amendment 176 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. SExcept in cases permitted by the national regulatory authorities, subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.
Amendment 185 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that undertakings providing public electronic communications networks and/or services publish clear, comparable, adequate and up-to- date information on applicable prices and tariffs and the standard terms and conditions in respect of access and use of their services provided to consumers in accordance with Annex II. Such information shall be published in an easily accessible form. To that end the national regulatory authorities may extend the provisions of Annex II to those undertakings.
Amendment 186 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. National regulatory authorities shall encourage the provision of information to enable end users and consumers to make an independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member States shall ensure that nNational regulatory authorities may make such guides or techniques available, when these are not available on the market. Third parties shall have a right to use without charge the tariffs published by undertakings providing electronic communications networks and/or services, for the purposes of selling or making available such interactive guides or similar techniques.
Amendment 190 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions or other relevant aspects.
Amendment 193 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 195 #
Proposal for a directive – amending act
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Directive 2002/22/EC
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 197 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 238 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that all subscribers with numbers from the national telephone numbering plan who so request can retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Annex I, part C.
Amendment 270 #
Proposal for a directive – amending act
Annex I – Part A – point (b)
Annex I – Part A – point (b)
Directive 2002/22/EC
Annex I – Part A – point (b)
Annex I – Part A – point (b)
i.e. the facility whereby the subscriber can, on request to a designated undertaking that provides telephone services, bar outgoing calls or other kinds of communication of defined types or to defined types of numbers free of charge.
Amendment 279 #
Proposal for a directive – amending act
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
Directive 2002/22/EC
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
This paragraph does not apply to the porting of numbers between networks providservices of a different nature, in particular between providers offering services at a fixed location and mobile networkor mobile locations.
Amendment 281 #
Proposal for a directive – amending act
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
Directive 2002/22/EC
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
ETSI EG 201 769-12 057