28 Amendments of Philippe LAMBERTS related to 2010/0252(COD)
Amendment 60 #
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. The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers. 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.
Amendment 85 #
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, a pan- European level playing field, 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. 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 86 #
Proposal for a decision
Recital 10
Recital 10
(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effectiveand the efficiency thereof, following a common review and assessment methodology are, is necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would helpe inventory should be sufficiently detailed to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
Amendment 88 #
Proposal for a decision
Recital 10
Recital 10
(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 36 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
Amendment 90 #
Proposal for a decision
Recital 10
Recital 10
(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 36 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
Amendment 102 #
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, depeConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations could be attached to rights if necessary and ing on experience and the lack of spectrum in other compliance with the principles of service and technology neutrality. Additional spectrum for wireless broadbands adequate for coverage. Considernd other new services ing the capacity of the 800 1.5 GHz band (1452- 1492MHz), 2.3GHz band (2300- 2400MHz) band to transmit over large areas, coverage obligations should be attached to righ3.4-3.8GHz should be freed up to meet the increasing demand for new mobile services. Allocations below 790 MHz should also be envisaged for mobile services by 2015 following a closer assessment of growth in demand and capacity requirements.
Amendment 123 #
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed as mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic.
Amendment 133 #
Proposal for a decision
Recital 17
Recital 17
(17) Protection of public health against electromagnetic fields is essential for citizens‘' well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to attain a better understanding of the responses of living organisms to electromagnetic fields and to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.
Amendment 186 #
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the most appropriate, non- discriminatory and least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 191 #
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteeing the functioningdevelopment of the internal market, in particular and digital services by ensuring effective competition, a level playing field and by promoting the emergence of new pan-European operators.
Amendment 245 #
Proposal for a decision
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga) promote reuse of existing internet protocols and technologies for digital spectrum services;
Amendment 246 #
Proposal for a decision
Article 3 – point g b (new)
Article 3 – point g b (new)
(gb) reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications;
Amendment 254 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared and unlicensed use of spectrum.
Amendment 255 #
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Special attention shall also be given to standards for equipment to be used by disabled people, without depriving them of the right to use non-standardised equipment if that is their preference.
Amendment 260 #
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum, in addition, incentives to make wireless hardware and software equipment more spectrum efficient shall be introduced.
Amendment 271 #
Proposal for a decision
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Member States and the Commission shall propose steps to reduce legal friction and liabilities in the context of wireless mesh network and radio spectrum use for internet service provision.
Amendment 275 #
Proposal for a decision
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. In order to fully implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any assignment, accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter aliashall, prior to a planned spectrum assignment, conduct a thorough market analysis examining whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall adopt the most appropriate measures to promote effective competition, and at least one of the following measures, which are without prejudice to the application of competition rules:
Amendment 277 #
Proposal for a decision
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;
Amendment 279 #
Proposal for a decision
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) Member States may reserve a certain part of a spectrum band or group of bands to be assigned to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms;
Amendment 286 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition by preventing any potential anti-competitive outcomes for the benefit of EU citizens and consumers.
Amendment 303 #
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easunlicensed and non-discriminatory access to wireless broadband services.
Amendment 317 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz, between 300 MHz and 6GHz and assess whether additional spectrum could be freed and made available for new applications.
Amendment 324 #
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission shall, in cooperation with the Member States, take the appropriate action to harmonise any further spectrum needed to meet the increased demand by consumers for mobile broadband and other new wireless communication services, including the harmonisation of the 1.5GHz and the 2.3GHz bands and review of the use of the spectrum below 1GHz, including the possible harmonisation of the 700MHz band for which the Commission shall present on 1 January 2014 at the latest its proposals for potential further action.
Amendment 365 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If necessary, tThe Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.
Amendment 369 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriatenecessary information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. The provided information shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. If necessary the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business sensitive and confidential information.
Amendment 374 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 36 GHz.
Amendment 390 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers’, communities’, businesses’ and operators’ demands, and of the possibility to meet such needs.
Amendment 394 #
Proposal for a decision
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Commission shall explore the potential of mesh network technologies for enhancing the efficient use of spectrum through pilot applications.