7 Amendments of Peter SIMON related to 2013/0080(COD)
Amendment 47 #
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this Regulation should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 60 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the event of disagreement in commercial negotiation on technical and commercial terms and conditions each party should be able to call on a dispute resolution body at national level to impose a solution to the parties, in order to avoid unjustified refusals to deal or the imposition of unreasonable conditions. When determining prices for granting access, the dispute resolution body should take into account the investments made on the physical infrastructure and all additional costs entailed in enabling the access. In the specific case of access to physical infrastructures of electronic communications network operators, the investments made in this infrastructure may directly contribute to the objectives of the Digital Agenda for Europe and downstream competition may be influenced by free-riding. Hence, any access obligation should take into account the economic viability of these investments based on any time schedule for the return on investment, any impact of access on downstream competition, any depreciation of the network assets at the time of the access request, any business case underpinning the investment done, in particular in recently built physical infrastructures used for the provision of high-speed electronic communications services, and any possibility offered to the access seeker to co-deploy.
Amendment 73 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) ‘network operator’ means an electronic communications network provider as well as an undertaking providing a physical infrastructure intended to provide: a service of production, transport or distribution of gas, or electricity, including public lighting, heating, water, including disposal or treatment of waste water and sewage;; or transport services, including railways, roads, ports and airports;
Amendment 75 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2
Article 2 – paragraph 2 – point 2
(2) "‘physical infrastructure"’ means any element of a network which is not active, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, antenna installations, towers and poles and their associated facilities, with the exception of pipes for the transportation of water (including for waste water and sewage treatment and disposal) and for heating;
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point d
Article 3 – paragraph 3 – subparagraph 1 – point d
(d) the risk of seriousclear interferences of the planned electronic communications services with the provision of other services over the same physical infrastructure;
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) Measures relating to the shared use of the infrastructure may be implemented only by or on behalf of the relevant network operator.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
(5) Upon specific written request of an undertaking authorised to provide electronic communications networks, network operators shall meet reasonable requests for in-site surveys of specific elements of their physical infrastructure. The request shall specify the elements of the network concerned in view of deploying elements of high-speed electronic communications networks. In- site surveys of the specified network elements shall be granted under proportionate, non-discriminatory and transparent terms within one month from the written request, without prejudice to limitations pursuant to paragraph 1. The party making the request shall bear all costs entailed in organising and carrying out the in-site survey.