14 Amendments of Kathleen VAN BREMPT related to 2016/0288(COD)
Amendment 159 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. To allow for other technologies to improve or evolve, a sole focus on optical fibre should be avoided and the principle of technology neutrality should be respected. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 181 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to, investment in and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.
Amendment 197 #
Proposal for a directive
Recital 60
Recital 60
(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should apply the appropriate level of confidentiality when dealing with this data in order to protect sensitive business information and the investment positions of the various market players National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 236 #
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. National regulatory authorities should have the means at hand and be able to intervene, when the circumstances require to do so, in order to ensure the best outcomes for end users at all time, in terms of quality and the availability of competitive options at fair prices;
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements at least up to the distribution point at the serving location nd/or which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, investment in and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 368 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability, investment in and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 466 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3
Article 22 – paragraph 1 – subparagraph 3
The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The national regulatory authorities shall treat the collected data with the appropriate level of confidentiality in order to protect sensitive business information and the investment positions of the various market players.
Amendment 740 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shallmay impose obligations uponto address reasonable request to grants for access to wiring and cables inside buildings or, up to the first concentration or distribution point where that point is located outside the building, or beyond that point at a concentration point in proximity of the end-user, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. National regulatory authorities may, when circumstances require it, impose active or virtual access to wiring and cables, in the event of imposing access regulation beyond the first concentration or distribution point.
Amendment 750 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 766 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:n
Amendment 768 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
Amendment 779 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b
Article 59 – paragraph 2 – subparagraph 3 – point b
(b) in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment in the case of recently deployed network elements, in particular by smaller local projects.
Amendment 793 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1
Article 61 – paragraph 2 – subparagraph 1
An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers or when it is able to disrupt effective competition.