40 Amendments of Hella RANNER related to 2010/0252(COD)
Amendment 30 #
Proposal for a decision
Recital 2
Recital 2
(2) Spectrum 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, wireless 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 31 #
Proposal for a decision
Recital 3
Recital 3
(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, culture and energy.
Amendment 33 #
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) 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 canshould be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policie in so far as there is express statutory provision for this.
Amendment 37 #
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 conformity and future harmonisations in respect of electronic networks and wireless devices are essential to achieve efficient spectrum use and should take account of legally defined sharing condiensure the coexistence of existing and new applications. 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 - such as increasing reliability of receivers and appropriate output levels for emitting devices - and more sophisticated interference avoidance mechanisms.
Amendment 39 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) New Long-Term Evolution (LTE) broadband mobile communications networks are being rolled out in various Member States. Those networks use the 790-862 MHz frequency band. Some radio microphones currently operate in that band, possibly causing interference. This may also concern devices operated in schools, theatres and conference venues or by other commercial, public or private users. The requisite technical retrofitting will be achievable only with considerable financial outlay, and it is imperative to clarify where responsibility lies in this connection.
Amendment 42 #
Proposal for a decision
Recital 15
Recital 15
(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, public protection and disaster relief, e-health and, e-inclusion and culture. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.
Amendment 45 #
Proposal for a decision
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
It is without prejudice to measures taken at national level, in compliance with Union 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 49 #
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – 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.
Amendment 53 #
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 Mmarch 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 54 #
Proposal for a decision
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) make spectrum use more efficient by giving preference to technologies which use little spectrum; make complementary use of technological features such as hotspots and Wi-Fi, for example, which require no spectrum;
Amendment 55 #
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation; improve the position of consumers with regard to the coexistence of old and new applications;
Amendment 56 #
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-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference or appropriate output controls for them, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;
Amendment 58 #
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 58 #
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 the coexistence of existing and new applications for the consumer.
Amendment 64 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and, promote effective competition and take account of the position of consumers with regard to the coexistence of applications..
Amendment 66 #
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 68 #
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. In connection with reallocation of the 800 MHz band, Member States shall ensure interference-free use of receivers by end users.
Amendment 70 #
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 71 #
Proposal for a decision
Recital 7
Recital 7
(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorthe Commission and Member States to put in place mechanisms to facilitate co-existence between new and exisations or infrastructure sharing. The application of such principles in the Union might be facilitang services and devices to the benefit of end-users and consumers. Such measures may include, but are not limited byto the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other serviceestablishment of stakeholder dialogues to ensure optimization of end- user experience; setting up compensation mechanisms to cover migration and co- existence costs; and organizing consumer awareness campaigns.
Amendment 76 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall 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 also be ensured that, where usage is not optimum, the necessary measures are taken in order to maximise efficient use. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.
Amendment 77 #
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 78 #
Proposal for a decision
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Member State and Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.
Amendment 93 #
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 and future EU standardization for non-radio electronic networks and equipment are essential to achieve efficient spectrum use and should facilitakte account of legally defined sharing conditions.co-existence between new and existing devices. Future 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 such as improving immunity levels of receivers and setting appropriate power levels for new emitting radio equipment.
Amendment 104 #
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band iscan be used optimally 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 could also be envisaged, depending on experience and the lack of spectrum in otherConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. The efficient use of the 900 MHz bands adequate for coverage. Considering the capacitynd the freeing up of the 800 M2.3 GHz band to transmit over large areas, coverage obligations should be attached to rights(2300-2400 MHz) for mobile services shall contribute to meet the increasing demand for mobile traffic.
Amendment 118 #
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
Amendment 147 #
Proposal for a decision
Article 1 – title
Article 1 – title
Aim and scope
Amendment 152 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes, in accordance with Directives 2002/21/EC, 2002/20/EC and 2002/19/EC, Directive 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 160 #
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 organize and use their spectrum for public order and public security purposes and defence.
Amendment 175 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, at the same time taking account of the social, cultural and economic value of spectrum as a whole;
Amendment 208 #
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 spectrum policy objectives and in order to meet a rapidly growing demand for mobile data traffic whilst at the same time ensuring the development of other spectrum users such as broadcasting;
Amendment 222 #
Proposal for a decision
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) encouraging efficient use of spectrum to meet the increasing demand for use of frequencies, at the same time taking account of the social, cultural and economic value of spectrum as a whole;
Amendment 226 #
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 240 #
Proposal for a decision
Article 3 – point f
Article 3 – point f
(f) avoid harmful interference or disturbance byetween other radio or non- radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, andsuch as increasing immunity of receivers to interference and setting appropriate power levels for emitting radio equipment, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;
Amendment 257 #
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 to the benefit of end users and consumers, and by establishing measures such as stakeholder dialogues and compensation mechanisms.
Amendment 285 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition and promote the end user experience through co-existence between new and existing services and devices, by establishing measures such as stakeholder dialogues and compensation mechanisms.
Amendment 316 #
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 1GHz and assess on the basis of the market experience with new services made in the 800 MHz band whether additional spectrum could be freed and made available for new applications.
Amendment 323 #
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and efficient use of the 900 MHz band and the 2.3 GHz band (2300-2400 MHz) for wireless broadband services. The Commission shall continuously monitor the capacity requirements for wireless broadband services. Member States shall ensure that the cost of migration of re-allocation of spectrum usage is adequately compensated in accordance with national law.
Amendment 328 #
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 other existing users of the 800 MHz band. Member States shall examine ways and, where necessary, take appropriate measures to ensure that the re-allocation of the 800 MHz band does not adversely affect the ability of end-users to operate non-radio devices and equipment that conform to existing standards, and which make use of the same spectrum band.
Amendment 362 #
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.
Amendment 366 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If necessary, tThe Commission 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.