58 Amendments of Vicky FORD related to 2016/0288(COD)
Amendment 164 #
Proposal for a directive
Recital 3
Recital 3
(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Further measures envisaged under the strategy, including revision of ePrivacy Regulation and the Digital Content Directive should ensure consistency with this Directive. The Digital Content Directive should include number-independent services within scope, while the ePrivacy Regulation should apply to all electronic communications services.
Amendment 210 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users have access at an affordable price to available functional internet access and voice communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations. This can include delivering the Universal Service Obligation by mobile services. This is in line with the Commission's intention to deliver digitalised rail networks and connectivity for all major transport paths, as outlined in the Commission's Communication 'Connectivity for a Competitive Single Market – Towards a European Gigabit Society' (COM(2016) 587 final). The inclusion of mobile services within the scope of the USO shall compliment conditions applied to spectrum allocation which encourage network coverage in Member States.
Amendment 215 #
Proposal for a directive
Recital 197
Recital 197
(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The aAffordable functional internet access service should bhave sufficient functionality in order to support access to and use of a minimum set of basic services that reflect the. A minimum list of services should be defined by national regulatory authorities, taking into account the types of services used by the majority of end- users in that Member State and relevant guidance from BEREC. Thise minimum list of services should be further defined by Member States, in order tshould consist of, at least, video callow an adequate level of social inclusion and participation in the digital society and economy in their territory. s available in standard quality. This minimum list should be reviewed periodically by national regulatory authorities and guidance provided by BEREC shall be updated on a regular basis.
Amendment 221 #
Proposal for a directive
Recital 203
Recital 203
(203) Compensating undertakings providing such services in such circumstances need not result in distortion of competition, provided that such undertakings are compensated for the specific net cost involved and provided that the net cost burden is recovered in a competitively neutral way. National regulatory authorities may assess each market development on a case-by-case basis to safeguard competition and ensure proportionate obligations in order to ensure that no market distortions are generated over investment and access.
Amendment 231 #
Proposal for a directive
Recital 221
Recital 221
(221) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to establish mechanisms for efficiently recovering net costs. The net costs of universal service obligations should be recovered via public funds, contributions from providers of electronic communications networks or services, or a mixture of both mechanisms. Where Member States require a contribution from providers, the Member State shall determine the extent to which those providers are required to contribute to the financing mechanism. This may include electronic communications services which benefit from network connectivity, as deemed appropriate by the Member State. Functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole. Providing a connection which supports broadband speeds to an increased number of end-users enables them to use online services and so actively to participate in the digital society. Ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers. Therefore Member States should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds, which should be understood to comprise funding from general government budgets.
Amendment 237 #
Proposal for a directive
Recital 230
Recital 230
(230) Divergent implementation of the rules on end-user protection has created significant internal market barriers affecting both providers of electronic communications services and end-users. Those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the Union. A calibrated full harmonisation of the end-user rights covered by this Directive should considerably increase legal certainty for both end-users and providers of electronic communications services, and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules. Full harmonisation helps to overcome barriers to the single market resulting from such national end-user provisions which at the same time protect national providers against competition from other Member States. In order to achieve a high common level of protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Full harmonisation of their rights increases the trust of end-users in the internal market as they benefit from an equally high level of protection when using electronic communications services, not only in their Member State but also while living, working or travelling in other Member States. Member States should maintain the possibility to have a higher level of end- user protection and where an explicit derogation is provided for in this Directive, andwhilst retaining the ability to act in areas not covered by this Directive. This is essential as National Regulatory Authorities must be given the flexibility to respond to and address new consumer harm as and when they emerge in their national markets.
Amendment 240 #
Proposal for a directive
Recital 233
Recital 233
(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a limited number of additional end-user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications services but not for number-independent interpersonal communications services. In order to enable the end-user to make a well-informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, BEREC should issue a template for such a common contact summary should be developed by national regulatory authorities, taking into accountract summaries any relevant BEREC guidance. This summary should be limited in length and should summarise in plain and unambiguous terms the main elements of the contract.
Amendment 247 #
Proposal for a directive
Recital 243
Recital 243
(243) National regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services, including that related to the provision of services to disabled end-users. This information should be collected on the basis of criteria which allow comparability between service providers and between Member States. Undertakings providing electronic communications services, operating in a competitive environment, are likely to make adequate and up-to-date information on their services publicly available for reasons of commercial advantage. National regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public. National regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided. In order to facilitate comparability across the Union and to reduce compliance cost, BEREC should adopt guidelines on relevant quality of service parameters which national regulatory authorities should take into utmost account.
Amendment 250 #
Proposal for a directive
Recital 246
Recital 246
(246) Any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the material detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes.
Amendment 252 #
Proposal for a directive
Recital 247
Recital 247
(247) The possibility of switching between providers is key for effective competition in a competitive environment. The availability of transparent, accurate and timely information on switching should increase the end-users' confidence in switching and make them more willing to engage actively in the competitive process. Service providers shouldNational regulatory authorities should adopt measures that seek to ensure continuity of service so that end-users are able to switch providers without being hindered by the risk of a loss of service.
Amendment 255 #
Proposal for a directive
Recital 252
Recital 252
(252) Bundles comprising publicly available electronic communications services other than number-independent interpersonal communications services, and other services such as linear broadcasting, or goods such as devices, have become increasingly widespread and are an important element of competition. While they often bring about benefits for end-users, they can make switching more difficult or costly and raise risks of contractual "lock-in". Where divergent contractual rules on contract termination and switching apply to the different services, and to any contractual commitment regarding acquisition of products which form part of a bundle, consumers are effectively hampered in their rights under this Directive to switch to competitive offers for the entire bundle or parts of it. The provisions of this Directive regarding contracts, transparency, contract duration and termination and switching should, therefore, apply to all elements of a bundle, except to the extent that other rules applicable to the non-electronic communications elements of the bundle are more favourable to the consumer. Other contractual issues, such as the remedies applicable in the event of non-conformity with the contract, should be governed by the rules applicable to the respective element of the bundle, for instance by the rules of contracts for the sales of goods or for the supply of digital content. For the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period. Member States should retain the discretion to exempt elements in the bundle in cases where their nature implies different regulatory treatment, for example because those elements are addressed by other sector-specific regulation.
Amendment 262 #
Proposal for a directive
Recital 256
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services. This may include the designation by a Member State of a single PSAP for receiving such emergency communications. Where such standards and the related PSAP systems have not yet been implemented, network- independent number-based interpersonal communications services should inform end-users when access to emergency services and caller location information is not available.
Amendment 271 #
Proposal for a directive
Recital 259
Recital 259
(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information should comply with relevant Union law on the processing of personal data. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information availawhere feasible. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.
Amendment 300 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides, and other navigation facilities, for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations to enable end-users to access the connected TV services, which may include elements such as audiovisual media services, radio and audio services, interactive services including applications, games and voting, clips, text, images and graphics.
Amendment 362 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises. Member States may make participation in Alternative Dispute Resolution schemes mandatory for providers of electronic communications services other than number-independent interpersonal communications services.
Amendment 461 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member StatNational regulatory authorities shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.
Amendment 484 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. Where a Member State has duly demonstrated, account taken oftaking into account the results of the geographical survey, where available, conducted in accordance with Article 22(1), or where the national regulatory authority is satisfied with alternative evidence, that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory. In addition, Member States may impose appropriate universal service obligations to ensure end-users have access to functional internet access and voice services whilst in transit along rail networks and key transport routes, as identified by the Member State.
Amendment 501 #
Proposal for a directive
Article 82 – paragraph 2
Article 82 – paragraph 2
Member States shall review the obligations imposed pursuant to this Article at the latests soon as practicable, which shall in any case be not more than 3 years after the entry into force of this Directive and thereafter once every year.
Amendment 504 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: (a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds. That mechanism may be financed from public funds, from contributions from providers of electronic communications networks or services, or both. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed. (b) to share the net cost of universal service obligations between providers of electronic communications networks and services.
Amendment 505 #
Proposal for a directive
Article 85 – paragraph 1 a (new)
Article 85 – paragraph 1 a (new)
Where the net cost is financed in whole or in part from sectoral contributions, Member States shall establish a sharing mechanism administered by the national regulatory authority, or competent authority, or a body independent from the beneficiaries under the supervision of the national regulatory authority.
Amendment 508 #
Proposal for a directive
Article 85 – paragraph 1 b (new)
Article 85 – paragraph 1 b (new)
A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex IV, Part B. Member States may choose not to require contributions from certain types of undertaking or from undertakings whose national turnover is less than a set limit.
Amendment 510 #
Proposal for a directive
Article 85 – paragraph 1 c (new)
Article 85 – paragraph 1 c (new)
Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member State that has established the sharing mechanism.
Amendment 532 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall notmay maintain or introduce into their national law end-user protection provisions on the subject- matters covered by this Title and divofferging from the provisions laid down in this Title, including more or less stringent provisions to ensure a different level of protection, unless otherwa higher level of end- user protection where additional protections are considered necessary or where an explicit derogation ise provided for in this Title.
Amendment 543 #
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following informationtogether with the information listed in points (a) to (g) where not already required and to the extent that such information pertains to a service they provide and have full control over, in a clear and comprehensible manner:
Amendment 544 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – introductory part
Article 95 – paragraph 1 – point a – point i – introductory part
(i) any minimum service quality levels to the extent that these are offered, and in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commissionusing parameters defined in accordance with Article 97, to the extent that these are offered, regarding:
Amendment 547 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 1
Article 95 – paragraph 1 – point a – point i – indent 1
- for internet access services: at least latency, jitter, packet loss,
Amendment 549 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 2
Article 95 – paragraph 1 – point a – point i – indent 2
- for publicly available number- based interpersonal communications services: at least the time for the initial connection, failure probability, call signalling delays and
Amendment 550 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 3
Article 95 – paragraph 1 – point a – point i – indent 3
- for services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EU: the specific quality parameters assured,
Amendment 570 #
Proposal for a directive
Article 95 – paragraph 2 – indent 1
Article 95 – paragraph 2 – indent 1
- any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility, insofar as the service allows end-users to originate national calls to a number in a national telephone numbering plan;
Amendment 579 #
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unlesswhere they have explicitly agreed to waiveapply all or parts of those provisions,.
Amendment 581 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
By [entry into force + 12 months], BEREC shall issue a decision onnational regulatory authorities, having taken account of any relevant BEREC guidelines, shall prepare a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include, at least complete, summary information on:
Amendment 586 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 2
Article 95 – paragraph 5 – subparagraph 2
Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, where appropriate, prior to the conclusion of the contract. The contract summary shall become an integral part of the contract.
Amendment 588 #
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end- users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan. Providers of electronic communications services shall give consumers best-tariff advice relating to their services on a periodic basis.
Amendment 596 #
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 599 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1
Article 96 – paragraph 2 – subparagraph 1
National regulatory authorities shall ensure that end-usersconsumers and micro and small enterprises, where appropriate, have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the, where appropriate, indicative figures addressing quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.
Amendment 615 #
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services that control signal transmission to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication.
Amendment 617 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1
Article 97 – paragraph 2 – subparagraph 1
National regulatory authorities shall specify, taking utmost account of any relevant BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX shallmay be used.
Amendment 619 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
Amendment 621 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1
Article 98 – paragraph 1 – subparagraph 1
Member States shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers, and micro or small enterprises where appropriate, and undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate an initial commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the initial commitment period.
Amendment 626 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract, consumers are entitled to terminate the contract at any time with no more than a one-month notice period and without incurring any costs except the cost of providing the service during the notice period or any administrative costs strictly related to terminating the service.
Amendment 627 #
Proposal for a directive
Article 98 – paragraph 2 – subparagraph 1 a (new)
Article 98 – paragraph 2 – subparagraph 1 a (new)
This paragraph shall apply also to micro or small enterprises as end-users where they have agreed to apply those provisions.
Amendment 632 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon notice of material changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unlesswhere the proposed changes are exclusivematerially to the benefidetriment of the end-user or they, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner oin a durable medium and in a format chosen by the end-userformat agreed at the time of concluding the contract or by the same means ats the time of concludingprovider ordinarily uses in its communications, which has been agreed with by the contractsumer.
Amendment 636 #
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an early termination of a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion andor a pro rata temporis reimbursement for the recurring fees any other promotional advantages marked as such at the moment of the contract conclusion, or other methods of calculating early termination charges having similar effect as already applied in Member States. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 639 #
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service, insofar as the respective providers are capable of doing so. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end- user. TWhere mandated by the national regulatory authority, the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working daythe timeframe set the national regulatory authority to take into account the need to maintain continuity of services to the end users.
Amendment 643 #
Proposal for a directive
Article 99 – paragraph 3
Article 99 – paragraph 3
3. National regulatory authorities shall ensure that pricing between operators and/or service providers related to the provision of number portability is cost- oriented, and that no directwhere charges are applied to end-users these do not act as a disincentive towards changing service provider.
Amendment 645 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1
Article 99 – paragraph 5 – subparagraph 1
Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end- users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated.
Amendment 647 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
Amendment 655 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goods offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to ano, by virtue of the nature of ther element of the bundle are more favourable to the end-users comprising the bundle, Member States determine that this Article shall not apply.
Amendment 661 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.
Amendment 674 #
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service, where that service allows end-users to originate national calls to a number in a national telephone numbering plan, provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such access can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with Member States' emergency calling infrastructures.
Amendment 700 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and handset-derived caller location information, if available. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 721 #
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 735 #
Proposal for a directive
Article 104 – paragraph 1
Article 104 – paragraph 1
1. Member States shall ensure that all undertakings which assign telephone numbers to end-userproviding voice communication services meet all reasonable requests to make available, for the purposes of the provision of publicly available directory enquiry services and directories, the relevant information in an agreed format on terms which are fair, objective, cost oriented and non- discriminatory.
Amendment 745 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services andobligations enabling access for end-users to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channelsto receive radio and audiovisual media services. Member States may impose reasonable 'must offer' entitlements, in respect of specified radio and audiovisual media services of general interest, to the benefit of undertakings subject to must-carry obligations under their jurisdiction. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 753 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 2
Article 106 – paragraph 1 – subparagraph 2
The obligations referred to in the first and second subparagraphs shall be reviewed by the Member States at the latest within one year of [date of entry into force of this Directive], except where Member States have carried out such a review within the previous four years.
Amendment 761 #
Proposal for a directive
Article 107 – paragraph 2
Article 107 – paragraph 2
2. A Member State shallmay waive paragraph 1 in all or part of its territory if it considers, after taking into account the views of interested parties, that there is sufficient access to these facilities.
Amendment 766 #
Proposal for a directive
Annex V
Annex V
Amendment 770 #
Proposal for a directive
Annex VI – part B – paragraph 3 – subparagraph 1a (new)
Annex VI – part B – paragraph 3 – subparagraph 1a (new)
National regulatory authorities may require operators to provide calling-line identification (CLI) free of charge.