35 Amendments of Robert GOEBBELS related to 2007/0247(COD)

Proposal for a directive – amending act
Recital 60 a (new)

(60a) Activities pursued under this Directive should recognise the work of international and regional organisations related to radio spectrum management, e.g. the International Telecommunication Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), to ensure the efficient management, and harmonisation of use of spectrum across the Community. Member States and the Commission should recognise the content of international agreements entered into by Member States pursuant to the ITU Radio Regulations in the implementation of this Directive.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – first subparagraph

3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Articles 9c and 9d, Member States shall ~~ensure that~~, insofar as possible, facilitate the use of all types of radio network or wireless access technology ~~may be used~~ in the radio frequency bands ~~open~~allocated to electronic communications services, in accordance with their respective national frequency plan and the ITU Radio Regulations.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c

(c) ~~ensure maximisation of radio frequencies sharing where the use of frequencies is subject to a general authoris~~comply with an obligation under an international agreement relating to the use of frequencies or the ITU Radio Regulations, or

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)

(ca) ensure the efficient use of radio frequencies, or

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4

4. Unless otherwise provided in the second subparagraph ~~or in the measures adopted pursuant to Article 9c, Member States shall ensure that~~, Member States shall, insofar as possible, facilitate the use of all types of electronic communications services ~~may be provided~~ in the radio frequency bands open to electronic communications, in accordance with their respective national frequency plan and 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. Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the provision of universal or public services, the promotion of social, regional or territorial cohesion, the ~~avoidance of in~~efficient use of radio frequencies~~, or, as defined in national legislation in conformity with Community law,~~ and the effective management of spectrum to take into account international commitments and practices or the promotion of cultural and linguistic diversity and media pluralism. A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective defined in national legislation consistently with Community law.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9a

Review of restrictions to existing rights 1. For a period of five years starting on [1 January 2010], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4). Before adopting its decision the competent national regulatory authority shall notify the right holder of its reassessment of the restrictions, indicating the extent of the right after reassessment, and allow him a reasonable time limit to withdraw his application. If the right holder withdraws his application, the right shall remain unchanged until its expiry or till the end of the 5 year period, whichever is the earlier date. 2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation Directive. 3. After the five-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive. 4. In applying this Article, Member States shall take appropriate measures to guarantee fair competition.Article 9a deleted

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 1 – point 10 a (new)

Directive 2002/21/EC
Article 9 d (new)

(10a) The following article shall be inserted: "Article 9d Impact of international rules and provisions 1. To ensure the efficient use and effective management of spectrum across the Community, Member States and the Commission shall take into account the rules and regulations of the ITU, in particular the Radio Regulations, as amended from time to time, in the implementation of this Directive. 2. The Commission shall monitor developments regarding radio spectrum in third countries and in international organisations, including the ITU, which may have implications for the implementation of this Directive. 3. Member States shall inform the Commission of any difficulties created, de jure or de facto, by existing international agreements, third countries or international organisations, including the ITU, in relation to the implementation of this Directive. 4. The Commission shall report regularly on the results of the application of paragraphs 1 to 3 to the European Parliament and the Council and may propose measures with the aim of securing the implementation of the principles and objectives of this Directive, where appropriate. When necessary, common policy objectives shall be agreed to ensure Community coordination among Member States. 5. Measures taken pursuant to this Article shall be without prejudice to the Community's and Member States' rights and obligations under relevant international agreements."

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 1

1. Member States shall not make the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation, unless it is justified to grant individual rights in order to: (a) avoid a ~~serious~~ny risk of harmful interference; or (b) fulfil other objectives of general interest; or (ba) ensure the efficient use of spectrum.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2

Without prejudice to specific criteria ~~defined in advance~~and procedures adopted by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing ge~~.9.~~neral interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be open, except in cases where the granting of individual rights of use for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 3

When granting rights of use, Member States shall specify whether those rights can be transferred by the holder of the rights, and under which conditions. In the case of radio frequencies, such provisions shall be in accordance with Article 9b of Directive 2002/21/EC (Framework Directive).

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 3

3. Decisions on rights of use shall be taken, communicated and made public as soon as possible after receipt of the complete application by the national regulatory authority, within three weeks in the case of numbers that have been allocated for specific purposes within the national numbering plan and within six weeks in the case of radio frequencies that have been allocated for ~~electronic communication~~specific purposes within the national frequency plan. The latter time limit shall be without prejudice to any applicable international agreements relating to the use of radio frequencies or of orbital positions.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 4 – subparagraph 1

4. Where it has been decided, after consultation with interested parties in accordance with Article 6 of Directive 2002/21/EC (Framework Directive), that rights for use of numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, Member States may extend the maximum period of three weeks by up to a further period of three weeks.

2008/05/22
Committee: ECON

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 6

6. National regulatory 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.~~

2008/05/22
Committee: ECON

Article 1 – point 8– point b a (new)

Directive 2002/21/EC
Article 8 – paragraph 2 – point b

(ba) in paragraph 2, point (b) shall be replaced by the following: "(b) ensuring that there is no distortion or restriction of competition in the electronic communications and information society services, in particular for the delivery of and access to content and electronic communications and information society services across all networks."

2009/03/16
Committee: ITRE

Article 2 – point 3 – point a a (new)

Directive 2002/19/EC
Article 5 – paragraph 1 – point a

(aa) in paragraph 1, point (a) shall be replaced by: “(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to third-party services and applications, obligations on undertakings that control access to end- users, including in justified cases the obligation to interconnect their networks and to provide access where this is not already the case or to make their services interoperable on fair, transparent and reasonable terms;”

2009/03/16
Committee: ITRE

Article 2 – point 7 – point a

Directive 2002/19/EC
Article 9 – paragraph 1

1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including the purpose and effect of traffic management policies, and prices.

2009/03/16
Committee: ITRE

Annex – point 2 – point h

Directive 2002/21/EC
Annex – part A – point 19

19. Transparency obligations on undertakings providing electronic communications services available to the public to ensure end-to-end connectivity, including unrestricted access to and distribution of content, services and applications, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding traffic management policies and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.

2009/03/16
Committee: ITRE

Proposal for a directive – amending act
Recital 50

~~(50) In order to ensure equal treatment, no spectrum users should be exempted from the obligation to pay the normal fees or charges set for the use of the spectrum.~~deleted

2008/05/28
Committee: ITRE

Proposal for a directive – amending act
Recital 57 a (new)

(57a) Activities pursued under this Directive should recognize the work of international and regional organizations related to radio spectrum management, e.g. the International Telecommunication Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), to ensure the efficient management, and harmonisation of use of spectrum across the Community. Member States and the Commission should recognise the content of international agreements entered into by Member States pursuant to the ITU Radio Regulations in the implementation of this Directive.

2008/05/28
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1

3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c and Article 9d, Member States shall ~~ensure that~~, insofar as possible, facilitate the use of all types of radio network or wireless access technology ~~may be used~~ in the radio frequency bands ~~open~~allocated to electronic communications services, in accordance with their national frequency plans and the ITU Radio Regulations.

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c

(c) ~~ensure maximisation of radio frequencies sharing where the use of frequencies is subject to a general authoris~~comply with an obligation under an international agreement relating to the use of frequencies or under the ITU Radio Regulations, or

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)

(ca) ensure the efficient use of radio frequencies, or

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
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~~, Member States shall, insofar as possible, facilitate the use of all types of electronic communications services ~~may be provided~~ in the radio frequency bands open to electronic communications, in accordance with their national frequency plans and 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.

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2

Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the provision of universal or public services, the promotion of social, regional or territorial cohesion, the ~~avoidance of in~~efficient use of radio frequencies, or~~, as defined in national legislation in conformity with Community law,~~ the effective management of spectrum so as to take account of international commitments and practices, or the promotion of cultural and linguistic diversity and media pluralism.

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3

A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective defined in national legislation in conformity with Community law.

2008/06/03
Committee: ITRE

Proposal for a regulation – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9 a

Review of restrictions to existing rights 1. For a period of five years starting on [1 January 2010], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4). Before adopting its decision the competent national regulatory authority shall notify the right holder of its reassessment of the restrictions, indicating the extent of the right after reassessment, and allow him a reasonable time limit to withdraw his application. If the right holder withdraws his application, the right shall remain unchanged until its expiry or till the end of the 5 year period, whichever is the earlier date. 2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation Directive. 3. After the five-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive. 4. In applying this Article, Member States shall take appropriate measures to guarantee fair competition.Article 9a deleted

2008/06/03
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10a (new)

Directive 2002/20/EC
Article 9ca (new)

(10a) The following Article shall be inserted: "Article 9ca 1. To ensure the efficient use and effective management of spectrum across the Community, the Member States and the Commission shall take into account the rules and regulations of the ITU, in particular the Radio Regulations, as amended from time to time, in the implementation of this Directive. 2. The Commission shall monitor developments regarding radio spectrum in third countries and in international organisations, including the ITU, which may have implications for the implementation of this Directive. 3. Member States shall inform the Commission of any difficulties created, de jure or de facto, by existing international agreements, third countries or international organisations, including the ITU, in relation to the implementation of this Directive. 4. The Commission shall report regularly on the results of the application of paragraphs 1 to 3 to the European Parliament and the Council, and may propose measures with the aim of securing the implementation of the principles and objectives of this Directive, where appropriate. When necessary, common policy objectives shall be agreed to ensure coordination among Member States. 5. Measures taken pursuant to this Article shall be without prejudice to the rights and obligations of the Community and the Member States under relevant international agreements."

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 3 – point -a a (new)

Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point ba (new)

(-aa) In the second subparagraph of paragraph 1, the following point is added: "(ba) ensure the efficient use of spectrum."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 1 – point a

(a) avoid ~~a serious~~the risk of harmful interference; or

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2

Without prejudice to specific criteria ~~defined in advance~~and procedures adopted by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be [open], except in cases where the granting of individual rights of use for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 3

When granting rights of use, Member States shall specify whether those rights can be transferred by the holder of the rights, and under which conditions. In the case of radio frequencies, such provisions shall be in accordance with Article 9b of Directive 2002/21/EC (Framework Directive).

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 3

3. Decisions on rights of use shall be taken, communicated and made public as soon as possible after receipt of the complete application by the national regulatory authority, within three weeks in the case of numbers that have been allocated for specific purposes within the national numbering plan and within six weeks in the case of radio frequencies that have been allocated for ~~electronic communication~~specific purposes within the national frequency plan. The latter time limit shall be without prejudice to any applicable international agreements relating to the use of radio frequencies or of orbital positions.

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 4 – subparagraph 1

4. Where it has been decided, after consultation with interested parties in accordance with Article 6 of Directive 2002/21/EC (Framework Directive), that rights for use of numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, Member States may extend the maximum period of three weeks by up to a further three weeks.

2008/06/10
Committee: ITRE