Activities of Jürgen CREUTZMANN related to 2010/0252(COD)
Shadow opinions (1)
OPINION on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme
Amendments (16)
Amendment 23 #
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) 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, 2002/19/EC, 2002/20/EC, 2002/201/EC and 2002/219/140/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 31 #
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 spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.
Amendment 40 #
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 cshould also be einvisaged, dependingestigated, on the basis of the inventory onf experience and the lack ofisting spectrum use and of possible future needs for spectrum in other bands adequate for coverage Union, referred to in Article 8. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.
Amendment 46 #
Proposal for a decision
Recital 14
Recital 14
(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.
Amendment 48 #
Proposal for a decision
Recital 24
Recital 24
(24) The Commission should report to the European Parliament and the Council at regular intervals on the results achieved under this Decision, as well as on planned future actions.
Amendment 53 #
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Decision shall be without prejudice to Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services. __________________________ 1 OJ L 337, 18.12.2009, p. 37.
Amendment 56 #
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies as effectively as possible and across the board;
Amendment 60 #
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 and efficient coordination of spectrum harmonisation and standardisation.
Amendment 67 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.
Amendment 68 #
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. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market.
Amendment 79 #
Proposal for a decision
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where Member States wish to adopt one of the measures under paragraph 2, they shall do so in accordance with the conditions stipulated in Article 6 of the Authorisation Directive and in accordance with the procedures under Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1; __________________________ 1 OJ L 337, 18.12.09, p. 37.
Amendment 81 #
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 1GHzacross the entire range and assess whether additional spectrum could be freed and made available for new applications.
Amendment 88 #
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 particulf necessary 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 terrestrial broadcasting services. In particular, the Member States, in cooperation with the Commission, shall investigate possible technical solutions for the parallel use of spectrum bands by users of terrestrial broadcasting and mobile telephony services, so as to take account of the differing needs of urban population centres and sparsely populated areas.
Amendment 91 #
Proposal for a decision
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Member States, in cooperation with the Commission, should take the necessary technical and regulatory measures to prevent harmful interference between mobile services and broadcasting and PMSE users. The Member States should make sufficient funds available in good time to cover the migration costs associated with the freeing of the 800 MHz band and the measures to protect against interference.
Amendment 100 #
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 possibleidentify future needsdemand for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz across the entire range.
Amendment 102 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall, on the basis of clearly defined and transparent criteria and methods, 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' and operators' demands, and of the possibility to meet such needs.