[ParlTrack]

Proposal for a regulation
Recital 4

(4) A truly single market for electronic communications should promote competition, investment and innovation in new and enhanced networks and services by fostering market integration and cross- border service offerings. It should thus help to achieve the ambitious high-speed broadband targets set out in the DAE and facilitate the emergence of services and applications that are able to exploit open data and formats in an interoperable, standardised and safe way, ensuring that they are available at the same functional and non-functional levels throughout the Union. The growing availability of digital infrastructures and services should in turn increase consumer choice, quality of service and diversity of content, and contribute to territorial and social cohesion, as well as facilitating mobility across the Union.

2013/12/19
Committee: ITRE

Patrizia TOIA, Francesco DE ANGELIS

Proposal for a regulation
Recital 5

(5) The benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes Union equipment manufacturers, content and application providers and the wider economy, covering sectors such as banking, automotive, logistics, retail, energy ~~and transport~~, medicine, mobility and transport, and the intelligent management of emergencies and natural disasters, which rely on connectivity and broadband to enhance their productivity, quality and end-user provision through, for example, ubiquitous cloud applications, ~~connected~~advanced analysis of big data from communications networks, connected and interoperable objects and possibilities for integrated cross-border service provision ~~for different parts of the company~~, against a background of open-standard system interoperability and open data. Public administrations and the health sector should also benefit from a wider availability of e-government and e- health services. The offer of cultural content and services, and cultural diversity in general, may be also enhanced in a single market for electronic communications. The provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society and to the smart cities of the future that unjustified sector- specific burdens, whether regulatory or otherwise, should be avoided.

2013/12/19
Committee: ITRE

Francesco DE ANGELIS

Proposal for a regulation
Recital 39

(39) It is to be expected that intensified competition in a single market will lead to a reduction over time in sector-specific regulation based on market analysis. Indeed, one of the results of completing the Single Market should be a greater tendency towards effective competition on relevant markets, with ex post application of competition law increasingly being seen as sufficient to ensure market functioning. In order to ensure legal clarity and predictability of regulatory approaches across borders, clear and binding criteria should be provided on how to assess whether a given market still justifies the imposition of ex-ante regulatory obligations, by reference to the durability of bottlenecks and the prospects of competition, in particular infrastructure-based competition, and the conditions of competition at retail level on parameters such as price, choice and quality, which are ultimately what is relevant to end users and to the global competitiveness of the EU economy. This should underpin successive reviews of the list of markets susceptible to ex ante regulation and help national regulators to focus their efforts where competition is not yet effective and to do so in a convergent manner. The establishment of a true single market for electronic communications may in addition affect the geographical scope of markets, for the purposes of both sector-specific regulation based on competition principles and the application of competition law itself.deleted

2013/12/19
Committee: ITRE

Patrizia TOIA, Francesco DE ANGELIS

Proposal for a regulation
Article 1 – paragraph 2 – point d

(d) to facilitate innovative and high-quality service provision;, through, for instance, open data in standard interoperable formats held by the operators themselves in aggregate forms that cannot be traced back to individual users, in order to promote the emergence of new value- added services and applications, to develop, for example, ‘smart cities’ in keeping with the objectives of the Digital Agenda for Europe.

2013/12/19
Committee: ITRE

Francesco DE ANGELIS, Patrizia TOIA

Proposal for a regulation
Article 8 a (new)

Article 8 a Harmonisation of certain aspects relating to transfer, lease or sharing of individual rights to use radio frequencies and their duration 1. Without prejudice to the application of competition rules to undertakings, the following shall apply with respect to the transfer, lease or sharing of rights of use of spectrum, or parts thereof, identified in Article 6(8) of Decision No 243/2012/EU: (a) Member States shall make current details of all such rights of use publicly available in a standardised electronic format; (b) Member States may not refuse to allow a transfer or lease to an existing holder of such rights of use; (c) in cases not covered by point (b), Member States may refuse a transfer only where it is found that there is a clear risk that the new holder would be unable to meet the existing conditions for the right of use; (d) in cases not covered by point (b), Member States may not refuse a lease where the transferor undertakes to remain liable for meeting the existing conditions for the right of use. (e) Member States should promote licensed shared access to spectrum within the actual authorization regime. The sharing may be imposed by the member State in order to ensure efficient spectrum use. 2. Any administrative charge imposed on undertakings in connection with processing an application for the transfer, lease or sharing of spectrum shall, in total, cover only the administrative costs, including ancillary steps such as the issuance of a new right of use, incurred in processing the application. Any such charges shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges. Article 12(2) of Directive 2002/20/EC shall apply to charges imposed under this paragraph.

2013/12/19
Committee: ITRE

Patrizia TOIA, Francesco DE ANGELIS

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

The national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high-speed wireless broadband communications converge and which enables planning and provision of integrated, interoperable, open multi- territorial networks and services, based on shared standards, and economies of scale, thereby fostering innovation, economic growth and the long-term benefit of end users.

2013/12/19
Committee: ITRE

Patrizia TOIA, Francesco DE ANGELIS

Proposal for a regulation
Article 30 – paragraph 3

3. Porting of numbers and their activation shall be carried out within the shortest possible time and in any case within no longer than four working days. To limit the number of cases in which a portability request is rejected or refused, the transferring provider must give a clear and detailed explanation of the reasons for such refusal. For end-users who have concluded an agreement to port a number to a new provider that number shall be activated within one working day from the conclusion of such agreement. Loss of service during the process of porting, if any, shall not exceed one working day.

2013/12/19
Committee: ITRE

Francesco DE ANGELIS

Proposal for a regulation
Article 35 – paragraph 1 – point 2 – point a

Directive 2002/21/EC
Article 7a

– (a) in paragraph 1, the first sub- paragraph is replaced by the following: 1. Where an intended measure covered by Article 7(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 16 of this Directive in conjunction with Article 5 and Articles 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission may, within the period of one month provided for by Article 7(3) of this Directive, notify the national regulatory authority concerned and BEREC of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Union law, taking into account as appropriate any Recommendation adopted pursuant to Article 19(1) of this Directive concerning the harmonised application of specific provisions of this Directive and the Specific Directives. In such a case, the draft measure shall not be adopted for a further three months following the Commission’s notification.deleted

2013/12/19
Committee: ITRE

Francesco DE ANGELIS

Proposal for a regulation
Article 35 – paragraph 1 – point 3 – point a

Directive 2002/21/EC
Article 15

– (a) the following sub-paragraph is inserted between the first and second sub- paragraphs of paragraph 1: In assessing whether a given market has characteristics which may justify the imposition of ex-ante regulatory obligations, and therefore has to be included in the Recommendation, the Commission shall have regard in particular to the need for convergent regulation throughout the Union, to the need to promote efficient investment and innovation in the interests of end users and of the global competitiveness of the Union economy, and to the relevance of the market concerned, alongside other factors such as existing infrastructure- based competition at retail level, to competition on the prices, choice and quality of products offered to end users. The Commission shall consider all relevant competitive constraints, irrespective of whether the networks, services or applications which impose such constraints are deemed to be electronic communications networks, electronic communications services, or other types of service or application which are comparable from the perspective of the end-user, in order to determine whether, as a general matter in the Union or a significant part thereof, the following three criteria are cumulatively met: (a) the presence of high and non- transitory structural, legal or regulatory barriers to entry; (b) the market structure does not tend towards effective competition within the relevant time horizon, having regard to the state of infrastructure-based and other competition behind the barriers to entry; (c) competition law alone is insufficient to adequately address the identified market failure(s).deleted

2013/12/19
Committee: ITRE

9 Amendments of Francesco DE ANGELIS related to 2013/0309(COD)

ParlTrack - 2011-2024