97 Amendments of Petra KAMMEREVERT related to 2013/0309(COD)
Amendment 53 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 60 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The imposition by suppliers of certain terminal specifications may also limit the quality and availability of electronic communication content, applications and services. Such business practices are not consistent with the objective of ensuring a functional internal market and protecting end-user rights.
Amendment 63 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 72 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) This Regulation is without prejudice to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
Amendment 76 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for. For the provision of specialised services in closed networks, it is necessary that content, applications and service providers have the opportunity to negotiate such flexiblea specific quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services andfor a limited group of users. This is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to concludeSpecial services must neither impair open internet access service quality nor be marketed or used as an internet substitute. They are admissible only if there is a manifest technical and de facto need, over and above economic self-interest, to be able to supply real-time critical applications of a particular quality. If specialised services agreements on defined levels of quality of ser offered or marketed by access network providers, they are also under the obligation to provicde as long as such agreements do not substantially impair the general quality of internet access servicesn open internet access service as referred to in recital (45). All open internet services are subject to the best- effort principle.
Amendment 88 #
Proposal for a regulation
Article 2 – point 14
Article 2 – point 14
14) "open internet access service" means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; the Member States shall impose reasonable minimum requirements in respect of open internet access service quality, which must be constantly adapted to technological progress; an open internet access service enables end-users to use any internet-based application in accordance with the best effort principle; the only permissible derogation from this principle is proportional and justified traffic management where the conditions for its use are clearly defined;
Amendment 90 #
Proposal for a regulation
Article 2 – point 15
Article 2 – point 15
15) " specialised service" means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics ard and operated only within a closed, electronic communications networks and not marketed or used as an internet substitute or functionally identical to open internet content, applications or services. A special service shall only be admissible if it there is a manifest technical and factual need, over and above econtrolled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;omic self-interest, for particular real-time critical applications meeting particular quality criteria. It is characterized by clearly defined and guaranteed customized quality-of-service parameters and subject to continuous end-to-end management up to the 'last mile' by the special service provider. A special service may not be limited to an endpoint controlled by the service provider.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) "open internet access service" means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; the Member States shall impose reasonable minimum requirements on the service quality of open internet access services, reflecting technological progress; an open internet access service enables end-users to use any internet- based application in accordance with the best effort principle; the only permissible derogation from this principle is proportionate, justified traffic management, in cases where the conditions for its use are clearly defined;
Amendment 123 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Under agreements concerning data volumes and speeds, selected content, services or applications may not be deducted from consumption volumes or exempted from data speed restriction on consumption of agreed data volumes.
Amendment 124 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
(1a) No restriction by suppliers of access to communications networks, contents, applications, facilities or services for end- users operating devices not manufactured or recommended by them shall be admissible.
Amendment 125 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 128 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 135 #
Proposal for a regulation
Article 19
Article 19
Assured service quality (ASQ) (1) Any operator shall have the right to provide a European ASQ connectivity product as specified in paragraph 4. (2) Any operator shall meet any reasonable request to provide a European ASQ connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services. Any refusal to provide a European ASQ product shall be based on objective criteria. The operator shall state the reasons for any refusal within one month from the written request. It shall be deemed to be an objective ground of refusal that the party requesting the supply of a European ASQ connectivity product is unable or unwilling to make available, whether within the Union or in third countries, a European ASQ connectivity product to the requested party on reasonable terms, if the latter so requests. (3) Where the request is refused or agreement on specific terms and conditions, including price, has not been reached within two months from the written request, either party is entitled to refer the issue to the relevant national regulatory authority pursuant to Article 20 of Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply. (4) The provision of a connectivity product shall be considered as the provision of a European ASQ connectivity product if it is supplied in accordance with the minimum parameters listed in Annex II and cumulatively meets the following substantive requirements: (a) ability to be offered as a high quality product anywhere in the Union; (b) enabling service providers to meet the needs of their end-users; (c) cost-effectiveness, taking into account existing solutions that may be provided on the same networks; (d) operational effectiveness, in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers; (f) and (e) ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency in accordance with Union law are respected. (5) The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to adapt Annex II in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 4.rticle 19 Deleted connectivity product
Amendment 136 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2 a (new)
Article 23 – paragraph 2 – subparagraph 2 a (new)
Access network providers who simultaneously offer or market specialised services shall be subject to the same provision obligation as an open internet access service under Article 2(14). They may not discriminate against other content providers who are reliant on the network operator’s forwarding services, and shall be required to charge transparent and fair market rates for this service.
Amendment 139 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
(1) The freedomright of end-users to use public electronic communications networks or publicly available electronic communications services provided by an undertaking established in another Member State shall not be restricted by public authorities.
Amendment 155 #
Proposal for a regulation
–
–
The European Parliament rejects [the Commission proposal].
Amendment 157 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 a (new)
Article 23 – paragraph 5 – subparagraph 1 a (new)
The Commission shall be empowered to adopt delegated acts under Article 32 in order to define as closely as possible the technical criteria referred to in Article 23(5) for establishing the existence of an exceptional situation. The highest possible criteria shall be applied in establishing the existence of an exceptional situation.
Amendment 159 #
Proposal for a regulation
Recital 3
Recital 3
(3) In a seamless single market in electronic communications, the freedom to provideright of each individual to access electronic communications networks and services to every customer in the Unionin the Union, the freedom to provide these and the right of each end-user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Union-wide general authorisation regimes, national spectrum assignment schemes, differences of access products available for electronic communications providers in different Member States, and different sets of sector-specific consumer rules applicable. The Union rules in many cases merely define a baseline, and are often implemented in diverging ways by the Member States.
Amendment 163 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 163 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedomrights provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatoryopen internet access services at levels of quality that reflect advances in technology andunder point 14 of Article 2(2) that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on culturalfreedom of opinion and information, liguistic and cultural diversity, media freedom and diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 165 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
(1a) Public electronic communications providers shall be required to document and report immediately to the national regulatory authorities any exceptional situation arising under Article 23(5) and all individual traffic management measures adopted accordingly.
Amendment 167 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 168 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.
Amendment 174 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 179 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 180 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-a restricted circle of users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access serv. The provision of specialised services shall not impair the quality of internet access services. Neither shall these services impair existing, generally recognised technical standards and their development. Access network providers who simultaneously offer or market specialised services shall be subject to the same provision obligation as an open internet access service, in accordance with Article 2(14). They may not discriminate against other content providers who are reliant on the network operator’s forwarding services, and shall be required to charge for forwarding in a transparent manner and at fair market prices.
Amendment 180 #
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv
Article 26 – paragraph 1 – point b – point iv
Amendment 182 #
Proposal for a regulation
Recital 17
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and satellite communications in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim of securing access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with over half of the Member States seeking a derogation or otherwise failing to do so by the deadline laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council23 testifies to the urgency of action even within the term of the current RSPP. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this problem. 23 Decision No 243/2012/EU of the European Parliament and the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1)xtremely scarce resource. It is vital for the achievement of a wide range of societal, cultural, social and economic objectives. The 2009 telecoms review specified that the Commission must take equal and appropriate account of all these aspects in the context of spectrum management. The requirements set out in the telecoms package thus form the basis for any radio spectrum policy in the European Union. For that reason, it is also vital that future radio spectrum policy should be consistent with that legal framework and with the principles laid down therein.
Amendment 182 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
(2) The power to adopt delegated acts referred to in Articles 17(2) and 19, 19(5) and Article 23(5) shall be conferred on the Commission for an indeterminate period of time from the [date entry into force of the Regulation] .
Amendment 183 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
(3) The delegation of powerpower to adopt delegated acts referred to in Articles 17(2) and 19, 19(5) and Article 23(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 184 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
(5) A delegated act adopted pursuant to Articles 17(2) and 19, 19(5) and Article 23(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 189 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services andRadio spectrum serves the public interest in a wide range of areas in the Member States. In theat completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefnnection, due account has to be taken of a host of specific national and regional characteristics. Member States should therefore also retain the right to adopt measures to organise their radio spectrum which are required to carry out specific cultural and social tasks. Alongside terrestrial broadcasting and the cultural and creative sectores, action at Union level regarding certain aspects of radio spectrum assignment should accompanythis also includes public order, public security and defence purposes. In the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time,disputes between Member States should retaregarding the right to adopt measures to organise their radio spectrum for public order, public security purposes and defenceuse of spectrum, the Commission plays a supplementary coordinating role in support of the Member States.
Amendment 191 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
(4) The exercise of the freedomrights provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).
Amendment 196 #
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on "Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband" adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bands under Directive 2002/21/EC.
Amendment 206 #
Proposal for a regulation
Recital 24
Recital 24
(24) ) As regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband, the convergent application by individual Member States of the regulatory principles and criteria set down in this Regulation would be favoured by a coordination mechanism whereby the Commission and the competent authorities of the other Member States have an opportunity to comment in advance of the granting of rights of use by a given Member State and whereby the Commission has an opportunity, taking into account the views of the Member States, to forestall implementation of any proposal which appears to be non- compliant with Union law.
Amendment 215 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedomrights provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversityfreedom of opinion and information, linguistic and cultural diversity, media freedom and diversity, and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 226 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 228 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Restrictions on the quality and accessibility of electronic communications content, applications and services can also result from providers’ requirements for specific terminal equipment. Such commercial practices are incompatible with the objective of a seamless single market and end-user rights.
Amendment 237 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 238 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. Fundamentally equal treatment and non- discrimination in forwarding data packages, irrespective of content, service, application, origin or destination, must be safeguarded by law throughout the EU, to provide a lasting guarantee that all users of internet services have in principle access to all content, services or applications on the internet or can offer these themselves. Access network operators are subject to a general obligation to forward data packages by providing transfer services of an appropriate level of quality to users, regardless of origin and destination or the content, services and applications to be transferred. This level of quality must be continuously developed in line with technological progress. The open and non-discriminatory nature of the internet is the key driver of innovation and economic efficiency. These essential characteristics help secure the freedom and diversity of expression, the media and culture. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures. An open internet which works exclusively on the best-effort principle should not be undermined or have its future development hindered by the development of other products and services.
Amendment 245 #
Proposal for a regulation
Recital 46
Recital 46
(46) The freedomright of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.
Amendment 252 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, notought not to delete, block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances that are clearly defined in this Regulation and individually justified. Such measures must be transparent, necessary and proportionate.
Amendment 264 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) This Regulation is without prejudice to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (E-Privacy Directive).
Amendment 274 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for. For the provision of specialised services in closed networks, it is necessary that content, applications and service providers have the opportunity to negotiate such flexiblea specific quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services andfor a limited group of users. This is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to concludeSpecialised services must not impair the quality of open internet access services nor be marketed as a substitute for the internet or used as such. They are permissible only if there is a demonstrable technical and specific need for them, beyond economic self-interest, as a means of providing real-time-critical applications, or applications at a particular level of quality. If specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services offered or marketed by access network providers, the latter have an obligation to also offer an open internet access service within the meaning of recital 45. All open internet services are subject to the best-effort principle.
Amendment 284 #
Proposal for a regulation
Recital 51
Recital 51
(51) National regulatory authorities play an essential role in ensuring that end-users are effectively able to exercise this freedome right to avail of open internet access. To this end national regulatory authorities should have monitoring and reporting obligations, and ensure compliance of providers of electronic communications to the public and the availability of non-discriminatory internet access services of high quality which are not impaired by specialised services. In their assessment of a possible general impairment of internet access services, national regulatory authorities should take account of quality parameters such as timing and reliability parameters (latency, jitter, packet loss), levels and effects of congestion in the network, actual versus advertised speeds, performance of internet access services compared with specialised services, and quality as perceived by end-users. National regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment/degradation of the quality of service of internet access services.
Amendment 290 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) "harmonised radio spectrum for wireless broadband communications" means radio spectrum for which the conditions of availability and efficient use are harmonised at Union level, in particular through the allocation of a primary use, in accordance with the provisions and procedures of Directive 2002/21/EC and pursuant to Decision 676/2002/EC of the European Parliament and the Council,271 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
Article 2 – paragraph 2 – point 11 a (new)
(11a) ‘Best effort principle’ means the assurance that requests for forwarding of data will be dealt with in chronological order of receipt as quickly as possible and irrespective of content, service, use, origin or destination;
Amendment 344 #
Proposal for a regulation
Article 2 – paragraph 2 – point 12
Article 2 – paragraph 2 – point 12
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 2 – point 12 a (new)
Article 2 – paragraph 2 – point 12 a (new)
(12a) ‘justified traffic management’ means traffic management which, derogating from the best effort principle, is permissible where it is dictated by technical constraints and is in line with the general principles of necessity, reasonability, efficiency assurance, non- discrimination and transparency as well as the other conditions of this regulation;
Amendment 345 #
Proposal for a regulation
Annex II
Annex II
Amendment 347 #
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) "‘internet access service"’ means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; the Member States shall lay down appropriate minimum requirements for the quality of service of internet access services which shall continually be upgraded in line with technological developments; an internet access service enables end-users to use any internet- based application in accordance with the best effort principle; the only permissible derogation from this principle is proportionate, justified traffic management, in cases where the conditions for its use are clearly defined;
Amendment 353 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) "specialised service" means an electronic communications service or any other service that is provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics ard and operated only within closed electronic communications networks and is not marketed or used as an internet substitute or functionally identical to the content, applications or services of the open internet. A specialised service shall be admissible only where there is a manifest technical and factual need, over and above econtrolled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;omic self-interest, for particular real-time critical applications meeting certain quality criteria. It is characterised by clearly-defined, guaranteed and customised quality-of- service parameters which are subject to continuous end-to-end management up to the ‘last mile’ by the specialised service provider. A specialised service may not be limited to an endpoint controlled by the service provider.
Amendment 387 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) This section shall apply to harmonised radio spectrum for wireless broadband communicationswithin the meaning of Directives 2009/140/EC and 676/2002/EC for wireless broadband communications, subject to the provisions of Articles 8a and 9 of Directive 2002/21/EC.
Amendment 392 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence. , defence and general interest purposes, such as promoting cultural and linguistic diversity and media diversity, e.g. by providing radio and TV programmes.
Amendment 404 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 4 – point e
Article 9 – paragraph 4 – point e
Amendment 422 #
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
(ea) preventing harmful interference, including the possibility of imposing obligations to resolve interference problems with other users and to assume the costs thereby incurred.
Amendment 431 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the technical characteristics and the current and planned use of different available radio spectrum bands,;
Amendment 433 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) the efficient use of radio spectrum bands already allocated for use by mobile broadband;
Amendment 437 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) the most efficient use of the radio spectrum in accordance with Article 9(4)(b), taking into account the characteristics of the band or bands concerned and their current and planned use;
Amendment 439 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) that the costs incurred by the existing user in clearing the spectrum range are taken into consideration;
Amendment 463 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime, national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime. This shall be without prejudice to Article 2(2)(8).
Amendment 481 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
Amendment 485 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2a) Paragraph 2 shall not affect the provisions of Article 9(3) and (4) of Directive 2002/21/EC.
Amendment 510 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
Where a national competent authority intends to subject the use of radio spectrum to a general authorisation or to grant individual rights of use of radio spectrum, or to amend rights and obligations in relation to the use of radio spectrum for wireless broadband services in accordance with Article 14 of Directive 2002/20/EC, it shall make accessible its draft measure, together with the reasoning thereof, simultaneously to the Commission and the competent authorities for radio spectrum of the other Member States, upon completion of the public consultation referred to in Article 6 of Directive 2002/21/EC, if applicable, and in any event only at a stage in its preparation which allows it to provide to the Commission and the competent authorities of the other Member States sufficient and stable information on all relevant matters.
Amendment 563 #
Proposal for a regulation
Article 19
Article 19
Amendment 570 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
(1) The freedomright of end-users to use public electronic communications networks or publicly available electronic communications services provided by an undertaking established in another Member State shall not be restricted by public authorities.
Amendment 579 #
Proposal for a regulation
Article 23 – title
Article 23 – title
Amendment 582 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 591 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.
Amendment 598 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2 a (new)
Article 23 – paragraph 1 – subparagraph 2 a (new)
Where agreements on data volumes and speeds are entered into, specific content, services or applications may not be omitted from the calculation of volume use or exempted from ‘throttling’ when the agreed data volume limit is reached.
Amendment 599 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
(1a) It shall not be permissible for providers to impose any form of restriction on access to communication networks, content, applications or services on the basis of end-users’ using terminal equipment not supplied or recommended by the provider.
Amendment 601 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 612 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 621 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2 a (new)
Article 23 – paragraph 2 – subparagraph 2 a (new)
Access network providers who simultaneously offer or market specialised services shall be subject to the same provision obligation as an open internet access service, in accordance with Article 2(14). They may not discriminate against other content providers who are reliant on the network operator’s forwarding services, and they shall be required to charge for forwarding in a transparent manner and at fair market prices.
Amendment 626 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 628 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
(4) The exercise of the freedomrights provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).
Amendment 630 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 644 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
Amendment 654 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
(b) preserve the integrity and security of the network, services provided via this network, and the end-users’ terminals;, or
Amendment 658 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
Amendment 670 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) (b) minimise the effects of temporary orand exceptional network congestion provided that equivalent types of traffic are treated equally, in so doing, all content, applications and services are treated in accordance with the best-effort principle.
Amendment 677 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 682 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2 a (new)
Article 23 – paragraph 5 – subparagraph 2 a (new)
No packet inspection going beyond checking of the headers of the data packets shall take place.
Amendment 683 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
(5a) The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to lay down the technical criteria in accordance with Article 23(5) for determining with maximum accuracy whether exceptional circumstances, as described therein, apply. The requirements to be met in order for exceptional circumstances to apply should be as stringent as possible.
Amendment 691 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedomrights provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatoryopen internet access services at levels of quality that reflect advances in technology and, within the meaning of Article 2(2)(14), that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversityfreedom of opinion and information, linguistic and cultural diversity, media freedom and diversity, and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 696 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
(1a) Providers of public electronic communications services shall be obliged to document, and to report without delay to the competent national regulatory authority, all occurrences of the exceptional circumstances provided for in Article 23(5) and all traffic management measures taken in each case.
Amendment 698 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 709 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
(i) actually available data speed for download and upload in the end-user's Member State of residence, including at peak-hours, and the tools available at any time for end-users to monitor for themselves in real time and using generally recognised procedures the upload and download speeds available to them for the duration of the contract;
Amendment 711 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv
(iv) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and on how those procedures could affect service quality and the protection of personal data, together with all measures under Article 23(5); the tools available at any time for end-users, using generally recognised and comprehensible procedures, to access information regarding the traffic monitoring and management applications and measures referred to in Article 23(5) shall also be indicated;
Amendment 718 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 719 #
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv
Article 26 – paragraph 1 – point b – point iv
Amendment 745 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
(2) The power to adopt delegated acts referred to in Articles 17(2), 19(5) and 1923(5) shall be conferred on the Commission for an indeterminate period of time from the [date entry into force of the Regulation]
Amendment 746 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
(3) The delegation of power referred to in Articles 17(2), 19(5) and 1923(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 747 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
(5) A delegated act adopted pursuant to Articles 17(2), 19(5) and 1923(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 829 #
Proposal for a regulation
Annex 2
Annex 2