29 Amendments of Lara COMI related to 2011/0187(COD)
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages and machine to machine (M2M) data communication;
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access shall remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules shall be without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services which go beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access request shall be granted within a twosix month period from the receipt of the request by the network operator.
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages; and machine to machine data communication.
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The obligations provided for in paragraphs (1) to (6) of this Article and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation the guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access should remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.
Amendment 142 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The obligations provided for in paragraphs (1) to (6) of Article 4 and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC shall, after consulting stakeholders and in close co-operation with the Commission, lay down within a reasonable period of time, not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access request shall be granted within a twosix-month period from the receipt of the request by the network operator.
Amendment 154 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The obligations provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and EUR 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of an "EU roaming profile" on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 193 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10shall decrease to EUR 0,09 on 1 July 2012, 0,07 on 1 July 2013 and 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 206 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.
Amendment 220 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,50,30 per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,50,30 per megabyte used until 30 June 2016.
Amendment 233 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 257 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 274 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.
Amendment 291 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 2016.