18 Amendments of Petra KAMMEREVERT related to 2010/0252(COD)
Amendment 38 #
Proposal for a decision
Recital 11
Recital 11
(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions and facilitate co- existence between new and existing devices. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms.
Amendment 55 #
Proposal for a decision
Recital 1
Recital 1
(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)3 provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio- visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 57 #
Proposal for a decision
Recital 2
Recital 2
(2) Spectrum is a public good of major societal, cultural, social and economic value. It is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.
Amendment 57 #
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) avoid harmful interference or disturbance by other radio or non-radioetween devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;
Amendment 59 #
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 and co-existence between new and existing services and devices for the benefit of end users and consumers.
Amendment 67 #
Proposal for a decision
Recital 5
Recital 5
(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While sSpectrum management is still largely a national competence, i. It should be exercised in compliancecarried out in a manner consistent with existing Union law and should allow for action to pursue a Union policiesspectrum policy. Pursuant to Article 8a(1) of the Framework Directive, Member States are required only to cooperate with one another and with the Commission in connection with the strategic planning, coordination and harmonisation of spectrum use.
Amendment 69 #
Proposal for a decision
Recital 6
Recital 6
(6) The programme should also take into account Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)5 and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that. Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing measures, noting that such measures can be takeprovisions. Such provisions should be based on wthenever necessary to implement already existing Union policies guidelines of and objectives for EU spectrum policy laid down in Article 8a of the Framework Directive.
Amendment 78 #
Proposal for a decision
Recital 8
Recital 8
(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.
Amendment 111 #
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by, for example, 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, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.
Amendment 146 #
Proposal for a decision
Article 1 – title
Article 1 – title
Aim and scope
Amendment 151 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes, in accordance with Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC and Decision No 67/2002/EC, a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Amendment 158 #
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This decision shall be without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy, and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 169 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) (a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, whilst taking account of the social, cultural and economic value of spectrum as a whole;
Amendment 190 #
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition, so as to foster cultural diversity and media pluralism in accordance with Directive 2002/21/EC as amended by Directive 2009/140/EC, as well as social and territorial cohesion.
Amendment 217 #
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectivesthe objectives of Union spectrum policy, whilst taking account of the scope for the development of radio broadcasting;
Amendment 225 #
Proposal for a decision
Article 3 – point b
Article 3 – point b
(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights; in that connection, Member States may take measures which depart from this principle if the measures in question serve the objectives referred to in Article 9(4), letters a to d, of the Framework Directive;
Amendment 332 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and current and future radio broadcasting activities and shall make appropriate arrangements to compensate existing users for any migration costs they incur.
Amendment 361 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If necessary, the Commissionn cooperation with the Commission, Member States 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. The spectrum used for radio broadcasting shall not be affected.