10 Amendments of Hans-Peter MAYER related to 2010/0252(COD)
Amendment 27 #
Proposal for a decision
Recital 3
Recital 3
(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy. In no circumstances should current spectrum rights holders’ concerns about their possible entitlements delay the necessary reforms.
Amendment 30 #
Proposal for a decision
Recital 5
Recital 5
(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. Special national arrangements for spectrum use must be avoided, so as to prevent obstructive effects on European markets, although decisions to award usage rights should continue to be taken at national level and with regard to existing national business models.
Amendment 34 #
Proposal for a decision
Recital 9
Recital 9
(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Award conditions should be framed so as to permit a level playing field in competition with regard to coverage and not hinder newcomers from entering the market. New technologies, likewise, should not be disadvantaged simply because they are available on the market at a later date. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).
Amendment 43 #
Proposal for a decision
Recital 13
Recital 13
(13) TIn addition to the opening of the 900 MHz band in the near future, in line with the amended "GSM" Directive and in such a manner as to promote competition, the 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. In addition, rapid implementation of the "GSM" Directive, in accordance with the principles of competition, is of key importance.
Amendment 44 #
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. In addition, rapid implementation of the "GSM" Directive, in accordance with the principles of competition, is of key importance.
Amendment 58 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies; this shall be based on observance of the principles of flexibility, effective use of frequencies in line with needs, ensuring a level playing field and non-discriminatory competition, and safeguarding national specificities in relation to business models;
Amendment 59 #
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the least onerous non- discriminatory authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 61 #
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, particularly to support the objectives of prioritisation in broadband provision and guaranteeing competition, notably through implementation of the "GSM" Directive in the near future;
Amendment 72 #
Proposal for a decision
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The measures provided for in paragraph 1 shall be taken in addition to the opening of the 900 MHz band in the near future, in line with the amended "GSM" Directive and in such a manner as to promote competition. Such measures must be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market.
Amendment 75 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and discrimination and promote effective competition.