2016/0288(COD) European Electronic Communications Code. Recast
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ITRE |
DEL CASTILLO VERA Pilar ( PPE)
|
KUMPULA-NATRI Miapetra ( S&D),
TOŠENOVSKÝ Evžen ( ECR),
KALLAS Kaja ( ALDE),
REIMON Michel ( Verts/ALE),
TAMBURRANO Dario ( EFDD),
KAPPEL Barbara ( ENF)
|
| Committee Opinion | IMCO |
CHARANZOVÁ Dita ( ALDE)
|
Daniel DALTON ( ECR),
Jiří MAŠTÁLKA ( GUE/NGL),
Lambert van NISTELROOIJ ( PPE),
Julia REDA ( Verts/ALE)
|
| Committee Opinion | CULT |
Michel REIMON ( Verts/ALE),
Bogdan Brunon WENTA ( PPE)
|
|
| Committee Opinion | LIBE |
PETERSEN Morten ( ALDE)
|
Jan Philipp ALBRECHT ( Verts/ALE),
József NAGY ( PPE),
Branislav ŠKRIPEK ( ECR)
|
| Committee Recast Technique Opinion | JURI |
ZWIEFKA Tadeusz ( PPE)
|
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2020/12/15
EC - Follow-up document
Documents
2018/12/19
EC - Commission response to text adopted in plenary
Documents
2018/12/17
Final act published in Official Journal
Details
PURPOSE: to complete a harmonised and simplified framework for the electronic communications sector to promote better and faster connectivity in Europe.
LEGISLATIVE ACT: Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast).
CONTENT: the new Directive establishes a harmonised framework for the regulation of electronic communications networks, electronic communications services, associated facilities and associated services, and certain aspects of terminal equipment.
It aims to:
- implement an internal market in electronic communications networks and services that results in the deployment and take-up of very high capacity networks, sustainable competition, interoperability of electronic communications services, accessibility, security of networks and services and end-user benefits; and
- ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end-user rights.
The main elements of the reform are as follows:
Swift roll-out of 5G and other next-generation technologies
In order to promote investment, the Directive ensures the availability of 5G radio frequencies in the Union by the end of 2020 and by providing operators with at least 20 years of predictability in spectrum licensing, in particular through better coordination of radio frequency allocation forecasts. In addition, Member States shall make available new frequency bands for 5G, which will accelerate Internet connections and improve connectivity across Europe.
The Directive will update current rules on operators' access to networks to encourage competition and make it easier for companies to invest in new, very high capacity infrastructure (capable of download speeds of at least 100 Mbps), including in more remote areas.
In addition, the new rules will also ensure closer cooperation between the Commission and the Body of European Regulators for Electronic Communications (BEREC) to monitor measures related to the new provisions on co-investment and symmetric regulation, which are essential for access.
Enhanced consumer protection
Consumers across Europe shall benefit from a similar and higher level of protection for electronic communications services. Electronic communications services will also cover services offered over the Internet, such as messaging applications and electronic mail (also known as ‘over the top, or OTT services’).
The new Directive shall ensure:
- access for all citizens to affordable communications services, including universally available Internet access, wherever they are and whatever their income. People with disabilities will have equal access to the Internet;
- greater transparency of pricing and comparison of contractual offers;
- better security against hacking, malware,
- better protection for consumers who subscribe to bundled service offers;
- the possibility of changing service providers more easily without changing telephone numbers, and to obtain compensation if the process does not go smoothly or takes too long;
- the obligation for suppliers to notify end-users, at least one month in advance, of any change in the contractual conditions, and simultaneously inform them of their right to terminate the contract without additional costs if they do not accept the new conditions. The right to terminate the contract shall be exercisable within one month after notification.
Union-wide public warning system and single European emergency number (112)
All Member States shall set up a public alert system to alert citizens, on their mobile phones, in the event of emergencies or major disasters, whether imminent or ongoing. The ‘112’ emergency number shall be in place by the end of 2022.
ENTRY INTO FORCE: 20.12.2018.
TRANSPOSITION: from 21.12.2020.
2018/12/11
CSL - Draft final act
Documents
2018/12/11
CSL - Final act signed
2018/12/11
EP - End of procedure in Parliament
2018/12/04
EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/11/14
EP - Results of vote in Parliament
Documents
2018/11/14
EP - Debate in Parliament
2018/11/14
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 584 votes to 42, with 50 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (recast).
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Objective : the Directive seeks to establish a harmonised framework for the regulation of electronic communications networks, electronic communications services and associated facilities and services. It shall aim to:
implement an internal market in electronic communications networks and services that results in the deployment and take-up of very high capacity networks, sustainable competition, interoperability of electronic communications services, accessibility, security of networks and services and end-user benefits; and ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end-user rights.
National regulatory and other competent authorities shall contribute within their competence to ensuring the implementation of policies aimed at the promotion of freedom of expression and information , cultural and linguistic diversity, as well as media pluralism.
The Directive shall be without prejudice to actions taken by Member States for the maintenance of public order, public security and defence purposes.
Provision of an affordable universal service : all consumers shall have access at an affordable price to an available adequate broadband internet access and voice communications services, at a fixed location. Member States shall also have the possibility to ensure affordability of adequate broadband internet access and voice communications services other than at a fixed location to citizens on the move, where they consider that this is necessary to ensure consumers' full social and economic participation in society.
End-users with disabilities shall have equivalent access.
Where Member States establish that retail prices for adequate broadband internet access and voice communications services are not affordable to consumers with low-income or special social needs , including older people, end-users with disabilities and consumers living in rural or geographically isolated areas, they should take appropriate measures.
Deployment of 5G : Member States shall facilitate the rollout of 5G, by making available the appropriate radio spectrum by 2020 , in order to achieve the objective set in the EU's 5G roadmap of a 5G network in at least one major city in each EU country by 2020.
In order to promote investment, in particular in 5G, Member States shall generally provide operators with regulatory predictability over a period of at least 20 years with regard to the licensing of wireless broadband spectrum. The new legislation also encourages risk and cost sharing between telecommunications operators.
Progress towards the achievement of the general objectives of this Directive shall be supported by a robust system of continuous assessment and benchmarking by the Commission of Member States with respect to the availability of very high capacity networks in all major socio-economic drivers such as schools, transport hubs and major providers of public services, and highly digitised businesses, the availability of uninterrupted 5G coverage for urban areas and major terrestrial transport paths, and the availability to all households in each Member State of electronic communications networks which are capable of providing at least 100 Mbps, and which are promptly upgradeable to gigabit speeds.
Network security : taking into account the latest technical possibilities, measures taken by providers of public communications networks or electronic communications services shall ensure a level of security appropriate to the existing risk. In particular, measures shall be taken, including encryption where appropriate, to prevent and limit the impact of security incidents on users and other networks and services.
In addition, providers of public electronic communications networks or of publicly available electronic communications services should inform users of particular and significant security threats and of measures they can take to protect the security of their communications, for instance by using specific types of software or encryption technologies . The requirement to inform users of such threats should not discharge a service provider from the obligation to take, at its own expense, appropriate and immediate measures to remedy any security threats and restore the normal security level of the service. The provision of such information about security threats to the user shall be free of charge .
Consumer rights : where a contract provides for the automatic prolongation of a fixed-term contract, Member States shall ensure that, after such an extension, end-users have the right to terminate the contract at any time subject to a maximum notice period of one month , determined by Member States, and without incurring any costs other than the costs of receiving the service during the notice period.
The right to terminate the contract may be exercised during one month following the notification by suppliers to end-users of any change in the contractual conditions.
Providers shall provide end-users with best tariff information at least annually.
The amended text also introduced the possibility of keeping a telephone number for up to one month after the end of the contract and the right to a refund of the unused prepaid credit at the end of the contract, as well as compensation in the event of delay or abuse when changing operators. Better protection shall be provided for people who subscribe to bundled services.
Single European emergency call number (Reverse ‘112’ system) : all Member States shall establish a public warning system to alert citizens, on their mobile phones, in the event of an emergency or major, imminent or ongoing disaster. This system of ‘reverse 112’ should be in place 3.5 years after the entry into force of the Directive.
Documents
2018/07/10
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2018/06/29
CSL - Coreper letter confirming interinstitutional agreement
Documents
2017/12/04
CSL - Debate in Council
Documents
2017/12/04
CSL - Council Meeting
2017/10/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/10/23
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Industry, Research and Energy adopted the report by Pilar del CASTILLO VERA (EPP, ES) on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC) (recast).
The Committee on the Internal Market and Consumer Protection, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The committee recommended that the European Parliament adopt its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.
The Consultative Working Party stated that the Commission proposal does not include any substantive amendments other than those identified as such in the proposal. It is limited to a straightforward codification of the existing texts, without any change in their substance.
The main amendments to the proposal concern, inter alia , the following points:
Universal access : Member States shall ensure that citizens of the Union have universal access to a wide range of information and high-quality and public value content. The Regulation shall guarantee freedom of expression and information, media pluralism, cultural diversity, consumer protection, respect for privacy and the protection of personal data.
Providing an affordable universal service : a fundamental requirement of a universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services, at least at a fixed location. Members considered that particular attention should be paid in this context to ensure that end-users with disabilities have equivalent access.
The average cost of the relay services for consumers with disabilities should be equivalent to that of voice communication services in order not to prejudice consumers with disabilities.
Affordable price means a price defined by Member States at national level in the light of specific national conditions, and should involve special social tariff options or packages to deal with the needs of low-income users or users with special social needs. These end-users may include older people, persons with disabilities and the consumers living in rural or geographically isolated areas.
Network security : in order to ensure a safeguard the security and integrity of networks and services, Members sought to promote the use of end-to-end encryption and, where necessary, mandatory in accordance with the principles of data protection by design and privacy by design. In a situation of security breach, end-users shall be informed accordingly of any potential risks and possible protective measures or remedies which they can use.
The provision of information about security risks to the subscriber should be free of charge.
Single European emergency call number ( Reverse ‘112’ system) : Member States shall ensure, through the use of electronic communications networks and services, the establishment of national efficient 'Reverse-112' communication systems 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 and data protection rules.
Rights of use for radio spectrum : the granting of rights of use for radio spectrum for 25 years or more shall be subject to conditions aimed at ensuring that general interest objectives, such as efficient and effective use and considerations relating to public order, security and defence, are safeguarded. Such rights of use shall therefore be subject to a mid-term assessment after no longer than ten years .
Public buildings and public infrastructure : these are visited and used daily by a significant number of end-users who need connectivity to access eGovernance, eTransport and other services. To ensure that public buildings can be used for very high capacity networks, Members proposed adding an access requirement for the deployment of small-cells .
Independence of national regulatory authorities : Member States shall ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner and have sufficient powers.
Continuous assessment : to encourage progress towards the achievement of the general objectives of this Directive, Members proposed putting in place a robust system of continuous assessment and benchmarking of Member States with respect to the availability of very high capacity connectivity in schools, transport hubs and major providers of public services, and highly digitized business, uninterrupted 5G coverage for urban areas and major terrestrial transport paths and the availability of electronic communications networks which are capable of providing at least 100 Mbps, and which are promptly upgradeable to gigabit speeds, to all households in each Member State.
To that end, the Commission shall present detailed policy orientations , establishing methods and objective, concrete and quantifiable criteria for benchmarking the effectiveness of measures adopted by Member States.
Documents
2017/10/23
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/10/02
EP - Vote in committee, 1st reading
2017/10/02
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/09/08
EP - Committee opinion
Documents
2017/06/12
EP - Committee opinion
Documents
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/10
EP - Committee opinion
Documents
2017/05/10
EP - Opinion on the recast technique
Documents
2017/04/10
CY_PARLIAMENT - Contribution
Documents
2017/04/06
EP - Amendments tabled in committee
Documents
2017/04/06
EP - Amendments tabled in committee
Documents
2017/04/06
EP - Amendments tabled in committee
Documents
2017/04/06
EP - Amendments tabled in committee
Documents
2017/04/04
CZ_CHAMBER - Contribution
Documents
2017/03/17
EP - Committee draft report
Documents
2017/03/16
EP - Referral to associated committees announced in Parliament
2017/02/27
FR_SENATE - Contribution
Documents
2017/02/14
IT_SENATE - Contribution
Documents
2017/01/20
SE_PARLIAMENT - Reasoned opinion
Documents
2017/01/03
EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI
2016/12/22
DE_BUNDESRAT - Contribution
Documents
2016/12/19
PT_PARLIAMENT - Contribution
Documents
2016/12/19
RO_SENATE - Contribution
Documents
2016/12/19
CZ_SENATE - Contribution
Documents
2016/12/16
LU_CHAMBER - Contribution
Documents
2016/12/14
EP - PETERSEN Morten (ALDE) appointed as rapporteur in LIBE
2016/12/01
CSL - Debate in Council
Documents
2016/12/01
CSL - Council Meeting
2016/10/26
EP - DEL CASTILLO VERA Pilar (PPE) appointed as rapporteur in ITRE
2016/10/24
EP - Committee referral announced in Parliament, 1st reading
2016/10/11
EP - CHARANZOVÁ Dita (ALDE) appointed as rapporteur in IMCO
2016/09/14
EC - Legislative proposal
Details
PURPOSE: to establish a European Electronic Communications Code in order to create future networks.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure on an equal footing with Council.
BACKGROUND: since the last revision of the regulatory framework for electronic communications in 2009, the sector has significantly evolved and its role as an enabler of the online economy has grown. Market structures have evolved, with monopolistic market power becoming increasingly limited, and at the same time connectivity for citizens and businesses has become a widely pervasive feature of economic life. These usage and operational changes must be factored into a review of the regulatory framework for electronic communications.
The review needs to be seen in light of the Digital Single Market strategy for Europe , in which the Commission announced that it would present proposals in 2016 for an ambitious overhaul of the regulatory framework focusing on:
a consistent single market approach to spectrum policy and management ; delivering the conditions for a true single market by tackling regulatory fragmentation to allow economies of scale for efficient network operators and service providers and effective protection of consumers; ensuring a level playing field for market players and consistent application of the rules; incentivising investment in high-speed broadband networks ; and a more effective regulatory institutional framework .
IMPACT ASSESSMENT : the preferred option are as follows:
focusing regulation on high-quality connectivity; binding and enforceable rules for enhancing coordination of spectrum management in the EU with greater focus on adapting spectrum rules to the future 5G challenges; incremental adaptation to trends with the focus on voice and broadband affordability; Internet Access Services (IAS) and regulatory obligations for electronic communications services mainly linked to the use of numbering resources; adapting the EU framework on numbering to address competition issues on the market; advisory role for the Body of European Regulators for Electronic Communications ( BEREC ), with certain normative powers for BEREC and improved process for market review and spectrum assignment.
CONTENT: the proposal for a European Electronic Communications Code consists of a horizontal recasting of the four existing Directives (the Framework Directive, the Authorisation Directive, the Access Directive and the Universal Service Directive), bringing them all under a single Directive.
The proposal focuses on the following points: (i) the new objective of ubiquitous and unconstrained connectivity, (ii) the harmonisation of the competences of national regulatory authorities (NRAs), and (iii) the harmonisation of spectrum-related issues and revised rules on services.
Amendments related to access regulation : the amendments aim at reinforcing and improving the SMP access regime currently in place, to further promote infrastructure competition and network deployment by all operators and to sustain the deployment of very high capacity networks throughout the Union’s territory.
The proposal amends market analysis procedures, to ensure that access obligations are imposed only when and where necessary to address retail market failures and to assure end-user outcomes. To sustain the deployment of very high capacity networks throughout the Union territory the amendments:
require national regulators to survey the state of broadband networks and investment plans across their national territory, and identify ‘digital exclusion areas’ where no operator or public authority has deployed or plans to deploy a very high capacity network; clarify the circumstances in which pricing flexibility can be granted to SMP operators, without compromising competition; introduces provisions to facilitate commercial co-investment in new infrastructures and to draw the necessary regulatory consequences.
Spectrum management : the proposal provides a clarification of the general objectives and principles to guide Member States when managing spectrum at national level. These objectives and principles address the following points:
consistency and proportionality in authorisation procedures; the importance of ensuring appropriate coverage; timing considerations when making spectrum available, the prevention of cross-border or harmful interference, establishing the ‘use it or lose it’ principle, and fostering shared spectrum use.
The proposal targets key aspects of spectrum authorisation with a view to enhancing consistency in Member States practice, such as (i) minimum licence durations (25 years); (ii) clear and simpler process for spectrum trading and leasing, (iii) processes to improve consistency and predictability when granting and renewing individual spectrum usage rights; (iv) clearer conditions for the restriction or withdrawal of existing rights.
WiFi access : the proposal simplifies conditions for access to Wi-Fi, to meet the exponential demand for connectivity and for the deployment and provisions of low-power wireless broadband access (small cells) to reduce costs of deploying very dense networks.
Universal service : the proposal aims at modernising the universal service regime by removing the mandatory inclusion at EU level of legacy services (public payphones, comprehensive directories and directory enquiry services) from the scope and focusing on the basic universal service broadband. Member States should ensure affordable access to all end-users to functional broadband internet access and voice communications services at least at a fixed location.
Services and end-user protection rules : new provisions are proposed, including:
better readability of contracts through a short-form summarising the essential contract information; the provision of consumption control tools to inform end-users about their current communications usage; enhanced provisions on price and quality comparison tools, switching rules for the rapidly increasing number of bundles to avoid lock-in effects (key sector-specific provisions, such as maximum contract duration and rights to contract termination, would apply to the entire bundle) and a provision prohibiting discrimination based on nationality or the country of residence.
Additionally, in the event of an actual threat to end-to-end connectivity or to effective access to emergency services, the Commission may identify a need for measures to ensure interoperability, for instance through the launch of a standardisation process. Such standards could be imposed by NRAs where necessary.
Numbering provisions : in order to address competition issues in the market, the proposal allows national regulators to assign numbers to undertakings other than providers of electronic communications networks and services. It also requires national regulators to determine certain numbering resources for the extraterritorial use of national numbers within the EU.
Emergency communications provisions : legal clarity is brought about regarding access to emergency services (single European emergency number 112 by all number-based interpersonal communications service providers. Such an approach ensures cross-border deployment and functioning of technical solutions for emergency communications.
Governance: the amendments strengthen the role of independent national regulators by establishing a minimum set of competences for those regulators across the EU and enhance their independence requirements.
As regards the procedure for general authorisation, providers should submit notifications to BEREC , which should act as a single contact point and forward the notifications to relevant national regulatory authorities. BEREC should establish a register at EU level.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the EU.
Documents
2016/09/14
EC - Document attached to the procedure
Documents
2016/09/14
EC - Document attached to the procedure
Documents
2016/09/14
EC - Document attached to the procedure
Documents
2016/09/14
EC - Document attached to the procedure
Documents
Documents
- Follow-up document: COM(2020)0808
- Follow-up document: EUR-Lex
- Commission response to text adopted in plenary: SP(2018)838
- Final act published in Official Journal: Directive 2018/1972
- Final act published in Official Journal: OJ L 321 17.12.2018, p. 0036
- Final act published in Official Journal: Corrigendum to final act 32018L1972R(01)
- Final act published in Official Journal: OJ L 334 27.12.2019, p. 0164
- Final act published in Official Journal: Corrigendum to final act 32018L1972R(05)
- Final act published in Official Journal: OJ L 419 11.12.2020, p. 0036
- Draft final act: 00052/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0453/2018
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2018)005653
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005653
- Debate in Council: 3581
- Committee report tabled for plenary, 1st reading: A8-0318/2017
- Committee opinion: PE602.838
- Committee opinion: PE601.042
- Debate in Council: 3545
- Committee opinion: PE595.657
- Opinion on the recast technique: PE604.686
- Contribution: COM(2016)0590
- Amendments tabled in committee: PE602.947
- Amendments tabled in committee: PE602.949
- Amendments tabled in committee: PE602.951
- Amendments tabled in committee: PE602.952
- Contribution: COM(2016)0590
- Committee draft report: PE601.017
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Reasoned opinion: PE597.446
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Debate in Council: 3505
- Legislative proposal: COM(2016)0590
- Legislative proposal: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0303
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0304
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0305
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0313
- Legislative proposal: COM(2016)0590 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0303
- Document attached to the procedure: EUR-Lex SWD(2016)0304
- Document attached to the procedure: EUR-Lex SWD(2016)0305
- Document attached to the procedure: EUR-Lex SWD(2016)0313
- Reasoned opinion: PE597.446
- Committee draft report: PE601.017
- Amendments tabled in committee: PE602.947
- Amendments tabled in committee: PE602.949
- Amendments tabled in committee: PE602.951
- Amendments tabled in committee: PE602.952
- Committee opinion: PE595.657
- Opinion on the recast technique: PE604.686
- Committee opinion: PE601.042
- Committee opinion: PE602.838
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2018)005653
- Draft final act: 00052/2018/LEX
- Commission response to text adopted in plenary: SP(2018)838
- Follow-up document: COM(2020)0808 EUR-Lex
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
- Contribution: COM(2016)0590
Votes
A8-0318/2017 - Pilar del Castillo Vera - Am 2 14/11/2018 13:16:15.000 #
2018/11/14 Outcome: +: 584, 0: 50, -: 42
NI| Amendments | Dossier |
| 1784 |
2016/0288(COD)
2017/04/04
CULT
123 amendments...
Amendment 100 #
Proposal for a directive Article 3 – paragraph 3 – point e (e) taking due account of the variety of conditions relating to infrastructure,
Amendment 101 #
Proposal for a directive Article 3 – paragraph 3 – point f Amendment 102 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4a. The provisions of this Directive shall be without prejudice to existing EU law and to measures taken at national level for the allocation of radio spectrum as a valuable public asset which aims to pursue general interest objectives to organize and use spectrum for public order, security and defence and to promote media pluralism and cultural, linguistic and media diversity.
Amendment 103 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 8 –
Amendment 104 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 1 Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of
Amendment 105 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 2 They shall take all necessary measures to this effect while taking into account their national needs and without prejudice to their
Amendment 106 #
Proposal for a directive Article 28 – paragraph 4 4. At the request of a Member State or upon its own initiative, the Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt
Amendment 107 #
Proposal for a directive Article 32 – paragraph 2 2. National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a
Amendment 108 #
Proposal for a directive Article 32 – paragraph 3 – subparagraph 2 it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.
Amendment 109 #
Proposal for a directive Article 33 – paragraph 5 – point c Amendment 110 #
Proposal for a directive Article 35 – paragraph 3 – subparagraph 1 – point b (b) ensure effective and efficient use of radio spectrum, but at the same time taking into account of the public interest and the social, cultural and economic value of spectrum as a whole; and
Amendment 111 #
Proposal for a directive Article 35 – paragraph 4 – point f a (new) (fa) the principles of services and technological neutrality and of effective and efficient use of spectrum;
Amendment 112 #
Proposal for a directive Article 40 – paragraph 1 1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. The digital strategy of some foreign powers is to limit access, above all, to their data. That is not the case with the European Union, which therefore does not provide Member States or their users with the best security for.
Amendment 113 #
Proposal for a directive Article 40 – paragraph 2 2. Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks. Those undertakings shall preferably be wholly European, particularly when it comes to their decision-making centres, R&D centres, manufacturing sites and capital.
Amendment 114 #
Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point h a (new) (ha) ensuring that any change in policy with regard to the efficient use of spectrum takes account of its impact on the public interest in terms of interference and costs;
Amendment 115 #
Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and the Decision on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 116 #
Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 117 #
Proposal for a directive Article 45 – paragraph 4 – subparagraph 2 – introductory part Member States
Amendment 118 #
Proposal for a directive Article 45 – paragraph 5 – subparagraph 3 A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined the Union and by Member States in accordance with Union law.
Amendment 119 #
Proposal for a directive Article 46 – paragraph 1 – subparagraph 2 – point a (a) the specific characteristics of the radio spectrum concerned and the current and planned use of different available radio spectrum bands;
Amendment 120 #
Proposal for a directive Article 53 – paragraph 1 – introductory part In order to coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations and without prejudice to existing European rules, the Commission may, by way of a
Amendment 121 #
Proposal for a directive Article 53 – paragraph 2 Those
Amendment 122 #
Proposal for a directive Article 59 – paragraph 1 – subparagraph 1 National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 123 #
Proposal for a directive Article 59 – paragraph 1 – subparagraph 1 National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3 , encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks , efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 124 #
Proposal for a directive Article 59 – paragraph 1 – subparagraph 1 National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition,
Amendment 125 #
Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point d (d) to the extent that is necessary to ensure accessibility for end-users
Amendment 126 #
Proposal for a directive Article 60 – paragraph 4 (4) Conditions applied in accordance with this
Amendment 127 #
Proposal for a directive Article 65 – paragraph 4 a (new) 4a. The national regulatory authority may also impose obligations in relation to electronic communication networks or services owned or controlled by an operator with significant market power, which is also closely related to other markets and industries if there is a real risk that the market power held by the electronic communication operator can be or is used to leveraged its power or discriminate against its competitors in other closely related markets or industries.
Amendment 128 #
Proposal for a directive Article 66 – paragraph 4 4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified
Amendment 129 #
Proposal for a directive Article 66 – paragraph 6 6. National regulatory authorities shall consider the impact of new market developments
Amendment 130 #
1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings,
Amendment 131 #
Proposal for a directive Article 71 – paragraph 1 – subparagraph 1 Amendment 132 #
Proposal for a directive Article 79 – title Available and affordable universal service
Amendment 133 #
Proposal for a directive Article 79 – paragraph 1 1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available
Amendment 134 #
Proposal for a directive Article 79 – paragraph 1 1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection,
Amendment 135 #
Proposal for a directive Article 79 – paragraph 2 2. Member States shall define the
Amendment 136 #
Proposal for a directive Article 79 – paragraph 3 a (new) 3a. Where a connection at a fixed location as referred to in paragraph 1 could be unreasonably burdensome on the undertakings providing such services, the connection may be provided only by way of mobile connection.
Amendment 137 #
Proposal for a directive Article 80 – paragraph 2 2.
Amendment 138 #
Proposal for a directive Article 80 – paragraph 3 Amendment 139 #
Proposal for a directive Article 80 – paragraph 4 4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at
Amendment 140 #
Proposal for a directive Article 81 – paragraph 2 Amendment 141 #
Proposal for a directive Article 81 – paragraph 3 3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voice communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and by way of mobile connection and/or to cover different parts of the national territory.
Amendment 142 #
Proposal for a directive Article 81 – paragraph 4 4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location and by way of mobile connection of functional internet access
Amendment 143 #
Proposal for a directive Article 81 – paragraph 5 5. When an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).
Amendment 144 #
Proposal for a directive Article 82 – paragraph 1 Member States may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with Article 79(2) and voice communications service at a fixed location and by way of mobile connection that were in force prior to [set date], if the need for such services is duly demonstrated in the light of national circumstances. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.
Amendment 145 #
Proposal for a directive Article 94 – paragraph 1 Amendment 146 #
Proposal for a directive Article 94 – paragraph 1 Member States shall
Amendment 147 #
Proposal for a directive Article 105 – title Interoperability of consumer digital television and radio equipment
Amendment 148 #
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television and radio equipment referred to therein.
Amendment 149 #
Proposal for a directive Article 106 – paragraph 1 – subparagraph 1 Member States
Amendment 150 #
Proposal for a directive Article 106 – paragraph 1 – subparagraph 1 Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users with disabilities and data supporting and enabling end-user access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. 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 151 #
Proposal for a directive Article 106 – paragraph 1 – subparagraph 1 Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end-
Amendment 152 #
Proposal for a directive Article 106 – paragraph 2 (2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration
Amendment 153 #
Proposal for a directive Article 106 – paragraph 2 2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing
Amendment 154 #
Proposal for a directive Annex II – part 2 – point b (b) Access to electronic programme guides (EPGs), including data for connected television services and data to access these services.
Amendment 155 #
Proposal for a directive Annex V – subheading 1 MINIMUM LIST OF SERVICES WHICH THE
Amendment 156 #
Proposal for a directive Annex V – point 10 (10) social media and instant messaging, including real time text
Amendment 157 #
Proposal for a directive Annex V – point 11 (11) calls and video calls (standard quality suitable for sign language use)
Amendment 158 #
Proposal for a directive Annex V – point 11 a (new) (11a) audiovisual media services and radio services
Amendment 160 #
Proposal for a directive Annex X – subheading 1 INTEROPERABILITY OF
Amendment 161 #
Proposal for a directive Annex X – part 2 a (new) Amendment 162 #
Proposal for a directive Annex X – part 2 a (new) 2a. INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Union, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks.
Amendment 40 #
Proposal for a directive – The Committee on Culture and Education calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 41 #
Proposal for a directive 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. Wholly European infrastructures need to be developed to address competition from Asia and the United States, in particular; however the current Digital Single Market strategy overlooks that essential fact.
Amendment 42 #
Proposal for a directive Recital 5 (5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health. It should also ensure a wholly European digital strategy and enable digital businesses to be developed, but at the same time guarantee the digital sovereignty of citizens’ data.
Amendment 43 #
Proposal for a directive Recital 6 (6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences.
Amendment 44 #
Proposal for a directive Recital 8 (8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.
Amendment 45 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The
Amendment 46 #
Proposal for a directive Recital 16 (16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24, remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. However, the fact that not all the necessary steps have been taken to ensure that information about users and the storing or processing of such information outside EU territory, by non-European businesses is a severe handicap on the European digital economy. _________________
Amendment 47 #
Proposal for a directive Recital 22 (22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.
Amendment 48 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very
Amendment 49 #
Proposal for a directive Recital 27 (27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is
Amendment 50 #
Proposal for a directive Recital 31 (31) National borders are increasingly irrelevant in determining optimal radio spectrum use. Undue fragmentation amongst national policies regarding the management of radio spectrum, including unjustified different conditions for access to, and use of, radio spectrum according to the type of operator, may result in increased costs and lost market opportunities for spectrum users. It may slow down innovation, limit investment, reduce economies of scale for manufacturers and operators as well as create tensions between rights holders and discrepancies in the cost of access to spectrum. This fragmentation may overall result in a distortion of the functioning of the internal market and prejudice to consumers and the economy as a whole. It is, however, dangerous to seek to remove national borders in this field because the European digital sector is not fully safeguarded and there is a real disparity between countries with regard to consumers.
Amendment 51 #
Proposal for a directive Recital 59 Amendment 52 #
Proposal for a directive Recital 67 (67) Lack of coordination between Member States when organising the use of spectrum in their territory can create large- scale interference issues severely impacting the development of the Digital Single Market. Member States should take all necessary measures to avoid cross- border and harmful interference and cooperate with each other to that end. Upon request of one or more Member States or of the Commission, the Radio
Amendment 53 #
Proposal for a directive Recital 79 (79) Having regard to the short time- limits in the Union consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures.
Amendment 54 #
Proposal for a directive Recital 82 Amendment 55 #
Proposal for a directive Recital 86 (86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. It should, however, be for each Member State to make the final decision in that respect.
Amendment 56 #
Proposal for a directive Recital 101 (101) Radio spectrum is a scarce public resource with an important public and market value. Radio spectrum serves the public interest in a wide range of societal, cultural, social and economic objectives, for public access to information, the right of freedom of expression and media pluralism. It is an essential input for radio- based electronic communications networks and services and, in so far as it relates to such networks and services, should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective, transparent and non- discriminatory criteria, taking into account the democratic, social, linguistic and cultural interests related to national and regional characteristics to the use of frequencies.. 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)33 establishes a framework for harmonisation of radio spectrum,
Amendment 57 #
Proposal for a directive Recital 102 (102) Radio spectrum policy activities in the Union should be without prejudice to measures taken, at Union or national level, in accordance with Union law, to pursue general interest objectives, in particular with regard to content regulation and audiovisual and media policies, and the right of Member States to organise and use their radio spectrum for public order, public security and defence. As use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market, radio spectrum policy should take into account all sectors and aspects of Union policies and balance their respective needs, while respecting Member States' rights and competences in this field and the cultural, audiovisual and media policies of the Member States.
Amendment 58 #
Proposal for a directive Recital 111 (111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, Member States should explain the reasons for such limitation. However, the sovereignty of each Member State should be respected in such cases, and notification of the exceptional limitations should be provided for information only, without an EU body being able to take action against them.
Amendment 59 #
Proposal for a directive Recital 117 Amendment 60 #
Proposal for a directive Recital 134 Amendment 61 #
Proposal for a directive Recital 144 (144) Competition rules alone may not be sufficient to ensure cultural diversity and media pluralism in the area of digital television. Technological and market developments make it necessary to review obligations to provide conditional access on fair, reasonable and non-discriminatory terms on a regular basis, either by a Member State for its national market or the Commission for the Union , in particular to determine whether there is justification for extending obligations to electronic programme guides (EPGs) and application programme interfaces (APIs), to the extent that is necessary to ensure accessibility for end-users to specified digital broadcasting services. Member States may specify the digital broadcasting services to which
Amendment 62 #
Proposal for a directive Recital 158 (158) Ex ante regulation imposed at the wholesale level
Amendment 63 #
Proposal for a directive Recital 161 Amendment 64 #
Proposal for a directive Recital 193 (193) Under Article 169 of the Treaty on the Functioning of the European Union, the Union is to contribute to the protection of consumers. The Union must also take into account the specificities of each Member State in the area of consumer protection.
Amendment 65 #
Proposal for a directive Recital 196 (196)
Amendment 66 #
Proposal for a directive 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
Amendment 67 #
Proposal for a directive Recital 197 (197) The
Amendment 68 #
Proposal for a directive Recital 200 (200) Affordable price means a price defined by Member States at national level in the light of specific national conditions
Amendment 69 #
Proposal for a directive Recital 201 (201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at
Amendment 70 #
Proposal for a directive Recital 204 Amendment 71 #
Proposal for a directive Recital 205 Amendment 72 #
Proposal for a directive Recital 206 (206) Member States should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for
Amendment 73 #
Proposal for a directive Recital 209 (209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable
Amendment 74 #
Proposal for a directive Recital 211 (211) The costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with Article 79 (2) and voice communications service at a fixed location and by way of mobile connection at an affordable price within the universal service obligations should be estimated, in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector.
Amendment 75 #
Proposal for a directive Recital 213 (213) When an undertaking designated to ensure the availability at a fixed location and by way of mobile connection of functional internet access or voice communications services, as identified in Article 81 of this Directive, chooses to dispose of a substantial part, viewed in light of its universal service obligation, or all, of its local access network assets in the national territory to a separate legal entity under different ultimate ownership, the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory. To this end, the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal. The assessment of the national regulatory authority should not prejudice the completion of the transaction.
Amendment 76 #
Proposal for a directive Recital 214 (214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure
Amendment 77 #
Proposal for a directive Recital 230 Amendment 78 #
Proposal for a directive Recital 254 (254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including
Amendment 79 #
Proposal for a directive Recital 265 (265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of radio and digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.
Amendment 80 #
Proposal for a directive Recital 265 a (new) (265a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.
Amendment 81 #
Proposal for a directive Recital 266 a (new) (266a) All consumer equipment enabling the reception of radio and audio signals should be able to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in the Union is still heterogeneous, whilst FM still used as the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across the Union independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers, should be able to receive both analogue and digital radio signals, as well as via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi standard receiver equipment will save radio stations from losing audience reach.
Amendment 82 #
Proposal for a directive Recital 266 a (new) (266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and if technically possible automatically activated in case of emergency.
Amendment 83 #
Proposal for a directive Recital 266 b (new) (266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.
Amendment 84 #
Proposal for a directive Recital 269 (269)
Amendment 85 #
Proposal for a directive Recital 269 (269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels and
Amendment 86 #
Proposal for a directive Recital 269 (269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be
Amendment 87 #
Proposal for a directive Recital 270 (270)
Amendment 88 #
Proposal for a directive Recital 270 (270)
Amendment 89 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which
Amendment 90 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and
Amendment 91 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities
Amendment 92 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 93 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote
Amendment 94 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;
Amendment 95 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for,
Amendment 96 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including cultural diversity and media pluralism and in the long term, by ensuring widespread availability and take-
Amendment 97 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including in the long term,
Amendment 98 #
Proposal for a directive Article 3 – paragraph 3 – point a (a)
Amendment 99 #
Proposal for a directive Article 3 – paragraph 3 – point a a (new) (aa) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
source: 602.830
2017/04/06
ITRE
1008 amendments...
Amendment 1000 #
Proposal for a directive Article 74 Amendment 1001 #
Proposal for a directive Article 74 Amendment 1002 #
Proposal for a directive Article 74 – title Regulatory treatment of new network elements of very high capacity networks
Amendment 1003 #
Proposal for a directive Article 74 – paragraph 1 Amendment 1004 #
Proposal for a directive Article 74 – paragraph 1 Amendment 1005 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the national regulatory authority concludes that the following cumulative conditions are met:
Amendment 1006 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part Amendment 1007 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part A national regulatory authority
Amendment 1008 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part A national regulatory authority
Amendment 1009 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part A national regulatory authority
Amendment 1010 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements (i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or (ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co- investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non- discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 1011 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is either: i) open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-
Amendment 1012 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements
Amendment 1013 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure
Amendment 1014 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is
Amendment 1015 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is
Amendment 1016 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a)
Amendment 1017 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is
Amendment 1018 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is open to co-investment
Amendment 1019 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a (a) the deployment of the new network elements is
Amendment 1020 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new) i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or
Amendment 1021 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new) ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or
Amendment 1022 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new) iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 1023 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point b (b) the deployment of the new network elements
Amendment 1024 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c Amendment 1025 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c (c) access seekers not participating in
Amendment 1026 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment,
Amendment 1027 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c (c) access seekers not participating in
Amendment 1028 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c (c) access seekers not participating in
Amendment 1029 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 Amendment 1030 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 When assessing co-investment
Amendment 1031 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 Amendment 1032 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 When assessing co-investment offers and
Amendment 1033 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 When assessing co-investment
Amendment 1034 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 When assessing
Amendment 1035 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 When assessing
Amendment 1036 #
Proposal for a directive Article 74 – paragraph 1 – point 1 (new) (1) In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.
Amendment 1037 #
Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 a (new) In case the market analyses conducted by the national regulatory authority results in a finding that the co-investment offers and/or the commercial agreements do not favour sustainable competition, appropriate regulatory obligations on the operators designated as having significant market power on the relevant market shall be maintained or adapted by the national regulatory authority.
Amendment 1038 #
Proposal for a directive Article 75 – paragraph 1 – subparagraph 1 Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failed to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities
Amendment 1039 #
Proposal for a directive Article 75 – paragraph 1 – subparagraph 1 Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72
Amendment 1040 #
Proposal for a directive Article 75 – paragraph 1 – subparagraph 2 Amendment 1041 #
Proposal for a directive Article 75 – paragraph 1 – subparagraph 2 a (new) Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.
Amendment 1042 #
Proposal for a directive Article 75 – paragraph 2 – introductory part 2. When a national regulatory authority intends to impose an obligation for functional or legal separation, it shall submit a proposal to the Commission that includes:
Amendment 1043 #
Proposal for a directive Article 76 – paragraph 1 – subparagraph 1 Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 65 of this Directive shall inform the national regulatory authority three months in advance and in a timely manner, in order to allow the national regulatory authority to assess the effect of the intended transaction, when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products.
Amendment 1044 #
Proposal for a directive Article 76 – paragraph 2 – subparagraph 4 On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32
Amendment 1045 #
Proposal for a directive Article 77 Amendment 1046 #
Proposal for a directive Article 77 – paragraph 1 – point b (b) the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.
Amendment 1047 #
Proposal for a directive Article 77 – paragraph 1 – point b a (new) (b a) the undertaking is not a separated untertaking as referred to in article 75 and 76 ;
Amendment 1048 #
Proposal for a directive Article 77 – paragraph 2 2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles
Amendment 1049 #
Proposal for a directive Article 77 – paragraph 2 2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 7
Amendment 1050 #
Proposal for a directive Article 77 – paragraph 2 a (new) 2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.
Amendment 1051 #
Proposal for a directive Article 77 – paragraph 4 Amendment 1052 #
Proposal for a directive Article 78 – paragraph 2 – subparagraph 1 The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia an appropriate period of notice and for transition, and establishes the availability of alternative comparable products providing access to network elements substituting the decommissioned infrastructure in a timely manner if necessary to safeguard competition and the rights of end-users.
Amendment 1053 #
Proposal for a directive Article 78 – paragraph 2 – subparagraph 1 The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia a concrete deadline, an appropriate period of notice and for transition, and establishes the availability of
Amendment 1054 #
Proposal for a directive Article 78 – paragraph 2 – subparagraph 2 – point a (a) the access provider has demonstrably established the appropriate conditions for migration, including making available a comparable alternative access product in a timely manner enabling to reach the same potential end-
Amendment 1055 #
Proposal for a directive Article 78 – paragraph 2 – subparagraph 2 – point a (a) the access provider has demonstrably established the appropriate conditions for migration, including making available a
Amendment 1056 #
Proposal for a directive Article 79 – paragraph 1 1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available
Amendment 1057 #
Proposal for a directive Article 79 – paragraph 2 Amendment 1058 #
Proposal for a directive Article 79 – paragraph 2 2. Member States 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, both in terms of speed and data volumes, of supporting at least the minimum set of services set out in Annex V. The functional internet access service shall comply with the obligations on open internet laid down in Regulation 2120/2015.
Amendment 1059 #
Proposal for a directive Article 81 – paragraph 1 1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), 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
Amendment 1060 #
Proposal for a directive Article 83 – paragraph 1 1. Member States shall ensure that in providing facilities and services additional to those referred to in Article 79, those undertakings providing
Amendment 1061 #
Proposal for a directive Article 85 – paragraph 1 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; and/or (b) to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.
Amendment 1062 #
Proposal for a directive Article 85 – paragraph 2 Amendment 1063 #
Proposal for a directive Article 85 – paragraph 2 a (new) 2. Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. 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.
Amendment 1064 #
Proposal for a directive Article 85 – paragraph 2 b (new) 3. A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.
Amendment 1065 #
Proposal for a directive Article 85 – paragraph 2 c (new) 4. 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 1066 #
Proposal for a directive Article 87 – paragraph 4 – subparagraph 3 Amendment 1067 #
Proposal for a directive Article 88 – paragraph 6 – subparagraph 1 Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national laws related to the use of numbers applicable in the Member States where the numbers are used. Member states may not impose additional obligations to these rights of use therafter.
Amendment 1068 #
Proposal for a directive Article 91 – paragraph 1 – introductory part 1. Member States shall ensure that, where technically and economically feasible, and except where a called end- user has chosen for commercial reasons to limit access by calling parties located in specific geographical areas, national regulatory authorities take all necessary steps to ensure that end-users of voice communications services are able to:
Amendment 1069 #
Proposal for a directive Article 92 – paragraph 1 Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified and in compliance with the scope and interpretation of fundamental rights as provided for in Article 52 of the Charter.
Amendment 1070 #
Proposal for a directive Article 92 – paragraph 1 1. Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified.
Amendment 1071 #
Proposal for a directive Article 92 – paragraph 1 a (new) 2. Providers of electronic communications services to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: a) as regards fixed communications, than tariffs for domestic long-distance communications; b) as regards mobile communications, than the euro-tariffs for regulated voice, data and SMS roaming communications, respectively, established in Regulation (EU) No 2015/2120.
Amendment 1072 #
Proposal for a directive Article 92 a (new) Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.
Amendment 1074 #
Proposal for a directive Article 93 – paragraph 1 1. National measures regarding end- users’ access to, or use of, services and applications through electronic communications networks shall respect the
Amendment 1075 #
Proposal for a directive Article 93 – paragraph 2 2. Any of these measures regarding end-users’ access to, or use of, services and applications through electronic communications networks liable to
Amendment 1076 #
Proposal for a directive Article 93 – paragraph 2 a (new) 2 a. By ...[date] in order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law
Amendment 1077 #
Proposal for a directive Article 94 – paragraph 1 Amendment 1078 #
Proposal for a directive Article 94 – paragraph 1 Member States shall
Amendment 1080 #
Proposal for a directive Article 95 – paragraph 4 a (new) 4 a. Providers of publicly available electronic communications services other than number-independent interpersonal communications services shall incorporate the information mentioned in paragraphs 1, 2 and 4 as part of the contract itself.
Amendment 1081 #
Proposal for a directive Article 95 – paragraph 5 – subparagraph 1 – introductory part By [entry into force + 12 months],
Amendment 1082 #
Proposal for a directive Article 95 – paragraph 6 6. Providers of internet access services and providers of publicly available
Amendment 1083 #
Proposal for a directive 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
Amendment 1084 #
Proposal for a directive Article 96 – paragraph 2 – subparagraph 1 National regulatory authorities
Amendment 1085 #
Proposal for a directive Article 98 – paragraph 3 3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are
Amendment 1086 #
Proposal for a directive Article 98 – paragraph 4 a (new) 4 a. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the electronic communication service regarding the quality of service parameters and the performance indicated by the provider of the electronic communication service, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with Union and national law.
Amendment 1087 #
Proposal for a directive Article 99 – paragraph 1 – subparagraph 1 In case of switching between providers of
Amendment 1088 #
Proposal for a directive Article 105 – paragraph 1 In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1089 #
Proposal for a directive Article 105 – paragraph 1 In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1090 #
Proposal for a directive Article 106 – paragraph 1 – subparagraph 1 Member States may impose reasonable ‘must carry’ obligations, for the transmission of
Amendment 1091 #
Proposal for a directive Article 106 – paragraph 1 – subparagraph 1 Member States may impose reasonable
Amendment 1092 #
Proposal for a directive Article 106 – paragraph 2 2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by means of a legal provision, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 1093 #
Proposal for a directive Article 107 – paragraph 1 1. Without prejudice to Article 83(2), Member States shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and/or
Amendment 1094 #
Proposal for a directive Article 109 Amendment 1095 #
Proposal for a directive Article 114 – paragraph 1 a (new) 1a. In this context it shall assess in particular whether the definition of 'very high capacity networks' reflects the most effective technology currently in use on the market in terms of down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. If significant improvements occur there, or if other performance features have proven relevant, the definition may be amended.
Amendment 1096 #
Proposal for a directive Article 114 – paragraph 3 3. This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia, mobility and data rates in the light of the prevailing technologies used by the majority of end-users . In the context of this review, the definition of 'very high capacity network' shall likewise be assessed, and it shall be reviewed whether the definition still meets current requirements on the basis of technological developments and changing conditions on the market. The Commission shall submit a report to the European Parliament and the Council regarding the outcome of the review.
Amendment 1097 #
Proposal for a directive Article 114 – paragraph 3 a (new) 3 a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.
Amendment 1098 #
Proposal for a directive Annex I – paragraph 1 The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations for electronic communications networks and services, except number-independent interpersonal communications services
Amendment 1099 #
Proposal for a directive Annex I – part A – point 4 Amendment 1100 #
Proposal for a directive Annex I – part A – point 4 4. Enabling of legal interception by competent national authorities where the provider is established or operates an electronic communications network and in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
Amendment 1101 #
Proposal for a directive Annex I – part A – point 7 7. Access obligations other than those provided for in Article 13 of this Directive applying to undertakings providing electronic communications networks or services
Amendment 1102 #
Proposal for a directive Annex I – part B – point 6 a (new) 6 a. Conditions of a re-assessment of rights of use when their duration goes beyond the minimum defined in this Directive.
Amendment 1103 #
Proposal for a directive Annex I – part D – point 1 1. Obligation to provide a service or to use a type of technology, within the limits of Article 49 of this Directive
Amendment 1104 #
Proposal for a directive Annex I – part D – point 1 1. Obligation to provide a service or to use a type of technology, within the limits of Article 49 of this Directive
Amendment 1105 #
Proposal for a directive Annex II – part 2 – point b (b) Access to electronic programme guides (EPGs), including for information enabling end-user access to connected television services.
Amendment 1106 #
Proposal for a directive Annex II – part 2 – point b (b) Access to electronic programme guides (EPGs)
Amendment 1107 #
Proposal for a directive Annex II – part 2 – point b a (new) (ba) (c) Access to caching functions.
Amendment 1108 #
Proposal for a directive Annex II – part 2 a (new) (c) Access to caching facilities.
Amendment 1109 #
Proposal for a directive Annex III Amendment 1111 #
Proposal for a directive Annex IV – subheading 1 CRITERIA FOR ASSESSING CO- INVESTMENT
Amendment 1112 #
Proposal for a directive Annex IV – paragraph 1 – introductory part When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met or there is a reasonable expectation that they will be met:
Amendment 1113 #
Proposal for a directive Annex IV – paragraph 1 – introductory part When assessing
Amendment 1114 #
Proposal for a directive Annex IV – paragraph 1 – introductory part When assessing
Amendment 1115 #
Proposal for a directive Annex IV – paragraph 1 – point a (a)
Amendment 1116 #
Proposal for a directive Annex IV – paragraph 1 – point b – introductory part (b) The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:
Amendment 1117 #
Proposal for a directive Annex IV – paragraph 1 – point b – introductory part (b) The co-investment
Amendment 1118 #
Proposal for a directive Annex IV – paragraph 1 – point b – introductory part (b) The co-investment
Amendment 1119 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 1 Amendment 1120 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 1 - the
Amendment 1121 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 2 Amendment 1122 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 2 - full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co- investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and
Amendment 1123 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 3 Amendment 1124 #
Proposal for a directive Annex IV – paragraph 1 – point b – indent 3 - The process, like the road map for the
Amendment 1125 #
Proposal for a directive Annex IV – paragraph 1 – point c – introductory part (c)
Amendment 1126 #
Proposal for a directive Annex IV – paragraph 1 – point c – introductory part (c) The
Amendment 1127 #
Proposal for a directive Annex IV – paragraph 1 – point c – introductory part (c) The co-investment
Amendment 1128 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 1 Amendment 1129 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 1 - All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co
Amendment 1130 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 1 - All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.
Amendment 1131 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 2 Amendment 1132 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 2 - – The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually
Amendment 1133 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 3 Amendment 1134 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 3 - A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors
Amendment 1135 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 3 a (new) - Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.
Amendment 1136 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 4 Amendment 1137 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 4 - – The co-investment or wholesale access agreements ha
Amendment 1138 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 5 Amendment 1139 #
Proposal for a directive Annex IV – paragraph 1 – point c – indent 5 - Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of
Amendment 1140 #
Proposal for a directive Annex IV – paragraph 1 – point d Amendment 1141 #
Proposal for a directive Annex IV – paragraph 1 – point d (d) The co-investment
Amendment 1142 #
Proposal for a directive Annex IV – paragraph 1 – point d (d) The co-investment
Amendment 1143 #
Proposal for a directive Annex IV – paragraph 1 – point d a (new) (da) The co-investment project must neither directly nor indirectly produce foreclosure effects which would prevent entry to the relevant market.
Amendment 1144 #
Proposal for a directive Annex V – point 11 a (new) (11a) (12) audiovisual media services
Amendment 1145 #
Proposal for a directive Annex V – point 11 a (new) (11 a) audiovisual media services
Amendment 1147 #
Proposal for a directive Annex VII – subheading 1 CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85
Amendment 1148 #
Proposal for a directive Annex VII – subheading 1 a (new) PART A: CALCULATION OF NET COST
Amendment 1149 #
Proposal for a directive Annex VII – paragraph 3 – subparagraph 2 a (new) PART B: RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non- commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand. In accordance with Article 85(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings. The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.
Amendment 1150 #
Proposal for a directive Annex X – subheading1 Amendment 1151 #
Proposal for a directive Annex X – part 2 a (new) 2a. Radio reception interoperability
Amendment 1152 #
Proposal for a directive Annex X – part 2 b (new) 2b. Any radio equipment placed on the market for sale or rent or made available in the Union must be able to receive digital and analog radio services in accordance with standards adopted by a recognised European standardisation organisation. Where portable equipment sold in the Union contains an analog and/or digital receiver, that receiver must be activated.
Amendment 145 #
Proposal for a directive Citation 1 a (new) having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,
Amendment 146 #
Proposal for a directive Citation 1 b (new) having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 147 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments, having regard to their reasoned opinions,
Amendment 148 #
Proposal for a directive 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 an effective protection of consumers, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. The Digital Single Market Strategy for Europe also announced the review of Directive 2002/58/EC in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players;
Amendment 149 #
Proposal for a directive Recital 5 (5)
Amendment 150 #
Proposal for a directive Recital 6 (6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy
Amendment 151 #
Proposal for a directive Recital 7 (7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. However, it is intended that unless explicitly excluded from the scope of application of the Code, electronic communications networks and services should be covered by this Code. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 152 #
Proposal for a directive Recital 7 (7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity
Amendment 153 #
Proposal for a directive Recital 7 a (new) (7a) Member States must, in the interests of media pluralism, cultural diversity and active and informed citizenship, be able to guarantee universal public access to a wide range of high- quality information and content supplied by media service providers, irrespective of developments in media distribution systems and related commercial models.
Amendment 154 #
Proposal for a directive Recital 7 a (new) (7 a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship that citizens have universal access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and related business models.
Amendment 155 #
Proposal for a directive Recital 7 a (new) (7 a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship that citizens have universal access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and related business models.
Amendment 156 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand for unconstrained use is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters
Amendment 157 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing and will persistently continue to do so in future. While in the past the focus was mainly on growing down- and uplink bandwidth available overall and to each individual user, other parameters like latency, availability and re
Amendment 158 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. At present, optical fibre components offer the best available network performance; it ought to be possible to modify the definition of 'very high capacity network' in future in the light of technological changes and constantly changing market conditions.
Amendment 159 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. To allow for other technologies to improve or evolve, a sole focus on optical fibre should be avoided and the principle of technology neutrality should be respected. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 160 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. As 'very high capacity networks' should be of service to end users, their experiences with reference to speed, latency or reliability should be evaluated. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 161 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they
Amendment 162 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which
Amendment 163 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the
Amendment 164 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to
Amendment 165 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to
Amendment 166 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to
Amendment 167 #
Proposal for a directive Recital 13 (13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to
Amendment 168 #
Proposal for a directive Recital 14 a (new) (14 a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 169 #
Proposal for a directive Recital 15 (15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services, although they still do not consider them as substitutes to traditional voice services, due to a perception of different levels of quality, security and interoperability . In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach
Amendment 170 #
Proposal for a directive Recital 15 (15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users and their rights are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication. From
Amendment 171 #
Proposal for a directive Recital 15 (15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals"
Amendment 172 #
Proposal for a directive Recital 16 (16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are
Amendment 173 #
Proposal for a directive Recital 17 (17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information
Amendment 174 #
Proposal for a directive Recital 17 (17) Interpersonal communications services are services
Amendment 175 #
Proposal for a directive Recital 17 (17) Interpersonal communications services are services provided for remuneration that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 176 #
Proposal for a directive Recital 17 (17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a
Amendment 177 #
Proposal for a directive Recital 18 (18) Interpersonal communications services using numbers from a national and international telephone numbering plan connect with the public (packet or circuit) switched telephone network. Those number-based interpersonal communications services comprise both services to which end-users numbers are assigned for the purpose of ensuring end- to-end connectivity and services enabling end-users to reach persons to whom such numbers have been assigned. The mere use of a number as an identifier should not be considered equivalent to the use of a number to connect with the public switched telephone network, and should therefore, in itself, not be considered sufficient to qualify a service as a number- based interpersonal communications service. In addition where the service provided does not rely on its own infrastructure and therefore does not have substantial control over the network used for enabling the communication, the use of the number should also be considered in a different manner as the obligations would not be proportionate to their ability to deliver a certain quality of service ;Number-independent interpersonal communications services should be subject only to obligations, where public interests require applying specific regulatory obligations to all types of interpersonal communications services, regardless of whether they use numbers for the provision of their service. It is justified to treat number-based interpersonal communications services differently, as they participate in and hence also benefit from a publicly assured interoperable ecosystem.
Amendment 178 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. All the political aims formulated in this paragraph should be regarded as equally important. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. Fair competition is the most important precondition for investment. The aim is to ensure high- performance infrastructure across the European Union.
Amendment 179 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market
Amendment 180 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses, in particular small and medium-sized enterprises, on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.
Amendment 181 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to, investment in and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.
Amendment 182 #
Proposal for a directive Recital 23 (23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework
Amendment 183 #
Proposal for a directive Recital 24 (24) The principle that Member States should apply EU law in a technologically neutral fashion, that is to say that a national regulatory or other competent authority neither imposes nor discriminates in favour of the use of a particular type of technology, does not preclude the taking of proportionate steps to promote certain specific services where this is justified in order to attain the objectives of the regulatory framework, for example digital television as a means for increasing spectrum efficiency, or generally the migration to enhanced services as a means for increasing consumers' satisfaction. Furthermore, it does not preclude taking into account that certain transmission media have physical characteristics and architectural features that can be superior in terms of quality of service, capacity, maintenance cost, energy efficiency, management flexibility, reliability, robustness and scalability, and ultimately in terms of performance, which can be reflected in actions taken in view of pursuing the various regulatory objectives.
Amendment 184 #
Proposal for a directive Recital 27 (27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding
Amendment 185 #
Proposal for a directive Recital 28 (28) The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations only be imposed where there is no effective and sustainable long-term competition on the re
Amendment 186 #
Proposal for a directive Recital 33 (33) In accordance with the principle of the separation of regulatory and operational functions, Member States should guarantee the independence of the national regulatory authority and other competent authorities, including from respective governments, with a view to ensuring the impartiality of their decisions. This requirement of independence is without prejudice to the
Amendment 187 #
Proposal for a directive Recital 36 (36) There is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure, by providing minimum appointment qualifications, and a minimum duration for their mandate. Furthermore, the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture, ensure continuity, and enhance independence. To this end, Member States should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner in accordance with Union law and national law and they have sufficient powers.
Amendment 188 #
Proposal for a directive Recital 40 (40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number-independent interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities,
Amendment 189 #
Proposal for a directive Recital 41 (41) The notification to BEREC should entail a mere declaration of the provider's intention to commence the provision of electronic communications networks and services. A provider may only be required to accompany such declaration by the information set out in Article 12 of this Directive. It should be designed to facilitate a consistent implementation of this Directive as well as to provide the most relevant market knowledge to BEREC and national regulatory authorities. Member States should not impose additional or separate notification requirement
Amendment 190 #
Proposal for a directive Recital 42 (42) Contrary to the other categories of electronic communications networks and services as defined in this Directive, number-independent interpersonal communications services do not benefit from the use of public numbering resources and do not participate in a publicly assured interoperable ecosystem. It is therefore not appropriate to subject these types of services to the general authorisation regime Therefore, Member States should not subject such services to prior authorisation or any other equivalent requirement.
Amendment 191 #
Proposal for a directive Recital 47 a (new) (47 a) Providers of electronic communication services that operate in more than one member state are still subject to different rules, requirements and reporting obligations despite having the freedom to provide electronic communications networks and services anywhere in Europe, which hinders the development and growth of the internal market for electronic communications. This should therefore be possible for such providers to be granted on single general authorisation by the member state indicated in their notification as the provider's main establishment in the EU. The single general authorisation should include the specific conditions that apply in the different member states of operation to ensure compliance of the service provider with all relevant laws. BEREC should facilitate the coordination and exchange of information to ensure compliance of the service provider with Union and national law. Providers of electronic communication services would still need to obtain specific authorisations for the rights of use for numbers, radio spectrum and for rights to install facilities.
Amendment 192 #
Proposal for a directive Recital 53 (53)
Amendment 193 #
Proposal for a directive Recital 53 (53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment. Unnecessary procedures should be avoided in case of minor amendments to existing rights to install facilities or to use spectrum when such amendments do not impact on third parties' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principles should not be considered a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right.
Amendment 194 #
Proposal for a directive Recital 57 (57) To alleviate reporting and information obligations for network and service providers and the competent authority concerned,such obligations should be proportionate, objectively justified and limited to what is strictly necessary. In particular, duplication of requests for information by the competent authority, and by BEREC and the systematic and regular proof of compliance with all conditions under a general authorisation or a right of use should be avoided. Reporting and information obligations for electronic communication services providers operating in several Member states shall be coordinated through the Member state responsible of granting the single general authorisation, without prejudice to information request related to the granting of rights of use for numbers, radio spectrum and for rights to install facilities. BEREC should facilitate the free flow of information between the concerned Member states. Such information should be requested in a common and standardised format. Undertakings should know the intended use of the information sought. Provision of information should not be a condition for market access. For statistical purposes a notification may be required from providers of electronic communications networks or services when they cease activities.
Amendment 195 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services. In gathering this information, the national regulatory authorities, the other competent authorities and BEREC must respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 196 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 197 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should apply the appropriate level of confidentiality when dealing with this data in order to protect sensitive business information and the investment positions of the various market players National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 198 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 199 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 200 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information
Amendment 201 #
Proposal for a directive Recital 60 (60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out.
Amendment 202 #
Proposal for a directive Recital 61 Amendment 203 #
Proposal for a directive Recital 61 (61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question. Taking into account the high potential of satellite technologies in bringing connectivity to digital exclusion areas in a cost-efficient manner, national regulatory authorities should inform satellite operators about such calls as well, in order to promote the use of the best technologies based on regional specificities.
Amendment 204 #
Proposal for a directive Recital 61 (61)
Amendment 205 #
Proposal for a directive Recital 61 (61)
Amendment 206 #
Proposal for a directive Recital 61 (61)
Amendment 207 #
Proposal for a directive Recital 61 (61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions and taking account of progressive technology innovation, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high- speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.
Amendment 208 #
Proposal for a directive Recital 61 a (new) (61 a) In underdeveloped areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in high capacity networks able to provide download speed between 30 and 100 Mbps by 2020.
Amendment 209 #
Proposal for a directive Recital 66 (66) One important task assigned to BEREC is to adopt
Amendment 210 #
Proposal for a directive Recital 84 (84) By virtue of their overall economic expertise and market knowledge, and of the objective and technical character of their assessments, and in order to ensure coherence with their other tasks of market regulation, national regulatory authorities should determine the elements of selection procedures and the conditions attached to the rights of use for spectrum which have the greatest impact on market conditions and the competitive situation, including conditions for entry and expansion. That includes for example the parameters for economic valuation of spectrum in compliance with this Directive, the specification of the regulatory and market- shaping measures such as the use of spectrum caps or reservation of spectrum or the imposition of wholesale access obligations, or the means to define the coverage conditions attached to rights of use. A more convergent use and definition of such elements would be favoured by a coordination mechanism whereby BEREC, the Commission and the national regulatory authorities of the other Member States would review draft measures in advance of the granting of rights of use by a given Member Statein parallel to the national public consultation. It is also important that, prior to defining their country's spectrum policy in relation to spectrum licensing, national regulatory authority be in a position to refer to common set of principles regarding spectrum assignment in the EU. BEREC will be responsible for elaborating and updating such guidelines as soon as practicable after the adoption of the Code. Member States should take the utmost account of BEREC's guidelines. The measure determined by the national regulatory authority can only be a subset of a wider national measure, which may more broadly consist of the granting, trade and lease, duration, renewal or the amendment of rights of use for radio spectrum as well as of the selection procedure or the conditions attached to the rights of use. Therefore, when notifying a draft measure, national regulatory authorities may provide information on other draft national measures related to the relevant selection procedure for limiting rights of use for radio spectrum which are not covered by the peer review mechanism.
Amendment 211 #
Proposal for a directive Recital 86 (86) Member States should be
Amendment 212 #
Proposal for a directive Recital 86 (86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. Member States should also have the option of empowering BEREC, RSPG or the Commission with the responsibility of conducting the selection process.
Amendment 213 #
Proposal for a directive Recital 91 a (new) (91 a) Providers of public communications networks or of publicly available electronic communications services should inform end- users of measures they can take to protect the security of their communications, for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks should not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge.
Amendment 214 #
Proposal for a directive Recital 91 a (new) (91 a) In order to ensure a safeguard to the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by design and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors";
Amendment 215 #
Proposal for a directive Recital 93 (93) Where the provision of electronic communications relies on public resources whose use is subject to specific authorisation, Member States may grant the authority competent for issuance thereof the right to impose fees to ensure optimal use of those resources, in accordance with the procedures envisaged in this Directive. Such use can be ensured by setting the fees at a level reflecting the value of the spectrum at its next best use. In line with the case-law of the Court of Justice, Member States cannot levy any charges or fees in relation to the provision of networks and electronic communications services other than those provided for by this Directive. In that regard, Member States should have a coherent approach in establishing those charges or fees in order not to provide an undue financial burden linked to the general authorisation procedure or rights of use for undertakings providing electronic communications networks and services.
Amendment 216 #
Proposal for a directive Recital 95 (95) In line with their role of ensuring optimal use of radio spectrum, fees linked to rights of use for radio spectrum can influence decisions about whether to seek such rights and put into use radio spectrum resources. When setting reserve prices as a means to determine the minimum valuation ensuring optimal use, Member States should therefore ensure that such prices, irrespective of the type of selection procedure used,
Amendment 217 #
(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, while taking into account the principle of technology neutrality, in order to stimulate a combination of the best technologies per region.
Amendment 218 #
Proposal for a directive Recital 103 (103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, in accordance with the principle of technology neutrality.
Amendment 219 #
Proposal for a directive Recital 103 (103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.
Amendment 220 #
Proposal for a directive Recital 103 (103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.
Amendment 221 #
Proposal for a directive Recital 105 (105) Spectrum harmonisation and coordination and equipment regulation supported by standardisation are complementary need to be coordinated closely to meet their joint objectives effectively, with the support of the RSPG. Coordination between the content and timing of mandates to CEPT under the Radio Spectrum Decision and standardisation requests to standardisation bodies, such as the European Telecommunications Standards Institute, including with regard to radio receivers parameters, should facilitate the introduction of future systems, support spectrum sharing opportunities and ensure efficient spectrum management. Any standards, specifications or recommendations concerning network elements and associated facilities, whether fixed or mobile, should where feasible take into account any access obligations which may need to be imposed pursuant to this Directive.
Amendment 222 #
Proposal for a directive Recital 106 (106) The demand for harmonised radio spectrum is not uniform in all parts of the Union. In cases where there is lack of demand for a harmonised band at regional or national level, Member States could exceptionally be able to allow an alternative use of the band as long as such lack of demand persists, is based on a forward-looking assessment of market development and provided that the alternative use does not prejudice the harmonised use of the said band by other Member States and that it ceases when demand for the harmonised use materialises.
Amendment 223 #
Proposal for a directive Recital 111 (111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health,
Amendment 224 #
Proposal for a directive Recital 113 (113) With growing spectrum demand and new varying applications and technologies which necessitate more
Amendment 225 #
Proposal for a directive Recital 119 (119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long maximum duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing, subject to regular reviews to assess whether market development and technological innovation allow for a more efficient use of spectrum. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum, such as the power of the competent authority to amend or withdraw the right in case of non-
Amendment 226 #
Proposal for a directive Recital 119 (119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum is equally important, such as the power of the competent authority to make a mid-term assessment following the granting of the rights of use, and to amend or withdraw the right in case of non-
Amendment 227 #
Proposal for a directive Recital 124 (124) Measures taken specifically to promote competition when granting or renewing rights of use for radio spectrum should be decided by national regulatory authorities, which have the necessary economic, technical and market knowledge. Spectrum assignment conditions can influence the competitive situation in electronic communications markets and conditions for entry. Limited access to spectrum, in particular when spectrum is scarce, can create a barrier to entry or hamper investment, network roll- out, the provision of new services or applications, innovation and competition. New rights of use, including those acquired through transfer or leasing, and the introduction of new flexible criteria for spectrum use can also influence existing competition. Where unduly applied, certain conditions used to promote competition, can have other effects; for example, spectrum caps and reservations can create artificial scarcity, wholesale access obligations can unduly constrain business models in the absence of market power, and limits on transfers can impede the development of secondary markets. Therefore, a consistent and objective competition test for the imposition of such conditions is necessary and should be applied consistently. The use of such measures should therefore be based on a thorough and objective assessment, by national regulatory authorities, of the market and the competitive conditions thereof. National Regulatory Authorities should however make sure that spectrum is used in an effective and efficient way, facilitating competition and not used only by a limited number of actors in order to limit competition.
Amendment 228 #
Proposal for a directive Recital 127 (127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should not remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 as the liability of individuals providing local access to third party for a non commercial purpose over content transmitted through their network that they do not control would discourage them to do so. Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).
Amendment 229 #
Proposal for a directive Recital 127 (127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should
Amendment 230 #
Proposal for a directive Recital 138 (138) In case such interoperability issues arise, the Commission may request a BEREC report which should provide a factual assessment of the market situation at the Union and Member States level. On the basis of the BEREC report and other available evidence and taking into account the effects on the internal market, the Commission should decide whether there is a need for regulatory intervention by national regulatory authorities. If the Commission considers that such regulatory intervention should be considered by National Regulatory Authorities, it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by NRAs, including in particular measures to impose the mandatory use of standards or specifications on all or specific providers. The terms 'European standards' and 'international standards' are defined in Article 2 of Regulation (EU) No 1025/2012.36 National regulatory authorities should assess, in the light of the specific national circumstances, whether any intervention is necessary and justified to ensure end-to-end-connectivity or access to emergency services, and if so, impose proportionate obligations in accordance with the Commission implementing measures. National regulatory authorities should not add additional requirements to the Commission implementing measures as it would create barriers to the internal market. _________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council [OJ L 364 of 14.11.2012, p.12]
Amendment 231 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. National regulatory authorities should not impose obligations beyond the first concentration or distribution point when access is already provided at a technical level that allows the access seeker the same functionality and ability to control and tailor its services and costs in a similar way as if they would have enjoyed access through symmetrical regulation. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 232 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 233 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 234 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 235 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. However as such obligations can be intrusive, undermine incentives for investments, and have the counterproductive effect of strengthening the position of dominant players, they should only be taken where this is justified and proportionate to achieve long term sustainable competition in the relevant markets. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria.
Amendment 236 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. National regulatory authorities should have the means at hand and be able to intervene, when the circumstances require to do so, in order to ensure the best outcomes for end users at all time, in terms of quality and the availability of competitive options at fair prices;
Amendment 237 #
Proposal for a directive Recital 139 (139)
Amendment 238 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to
Amendment 239 #
Proposal for a directive Recital 139 (139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all o
Amendment 240 #
Proposal for a directive Recital 139 a (new) (139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. When national regulatory authorities can identify Unilateral Market Power (UMP), it is appropriate for them to be active and conduct specific monitoring on an ex ante basis and they are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.
Amendment 241 #
Proposal for a directive Recital 139 a (new) (139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. In such cases, it is appropriate for national regulatory authorities to be vigilant and conduct specific monitoring on an ex ante basis and national regulatory authorities are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.
Amendment 242 #
Proposal for a directive Recital 140 Amendment 243 #
Proposal for a directive Recital 140 (140) It could be justified to extend access obligations to wiring and cables beyond the first concentration point, in particular in areas with lower population density, while confining such obligations to points as close as possible to end-users, where it is demonstrated that replication would also be impossible beyond that first concentration point
Amendment 244 #
Proposal for a directive Recital 140 (140) It could be justified to extend access obligations to wiring and cables beyond
Amendment 245 #
Proposal for a directive Recital 141 Amendment 246 #
Proposal for a directive Recital 141 Amendment 247 #
Proposal for a directive Recital 142 (142) Sharing of passive
Amendment 248 #
Proposal for a directive Recital 143 (143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and, in particular, its notification procedures. Such obligations must only be imposed where justified in order to secure the objectives of this Directive, and where they are objectively justified, transparent, proportionate and non-discriminatory for the purpose of promoting efficiency, sustainable competition, efficient investment and innovation, and giving the maximum benefit to end-users, and imposed in conformity with the relevant notification procedures.
Amendment 249 #
Proposal for a directive Recital 143 (143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and, in particular, its notification procedures and in instances where SMP obligations are not or unlikely to be effective.
Amendment 250 #
Proposal for a directive Recital 147 (147) Two or more undertakings can be found to enjoy a joint dominant position not only where there exist structural or other links between them but also where the structure of the relevant market is conducive to coordinated effects, that is, it encourages parallel or aligned anti- competitive behaviour on the market. In light of the increased convergence and consolidation in electronic communications markets, including in some cases content-related markets, with increasing markets being composed of oligopolies or duopolies, that could lead to the ineffectiveness of the current SMP framework, there is a need to consider whether two or more undertakings can also be found to have a position equivalent to having significant market power where they might significantly impede effective competition. The assessment should take into account the relevant markets including but not limited to the market shares of other market participants, the market power of an undertaking on closely related markets, barriers to entry, market concentration, product differentiation, capacity constraints and switching costs.
Amendment 251 #
Proposal for a directive Recital 155 (155) For national regulatory authorities t
Amendment 252 #
Proposal for a directive Recital 157 (157) When assessing wholesale regulation to solve problems at the retail level, national regulatory authorities should
Amendment 253 #
Proposal for a directive Recital 164 (164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive. National regulatory authorities shall ensure that the obligations they impose on operators designated with significant market power are effective. National regulatory authorities may set in advance penalty schemes to be applied in the event of a breach of those obligations.
Amendment 254 #
Proposal for a directive Recital 164 (164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive . In order to ensure that operators with significant market power genuinely comply with obligations, national regulatory authorities may make provision for penalties for infringements.
Amendment 255 #
Proposal for a directive Recital 172 Amendment 256 #
Proposal for a directive Recital 172 (172) Civil engineering assets that can host an electronic communications network are crucial for the successful roll-out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self-standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. However, access to such assets can be limited by physical constraints or limited availability, therefore equivalent means of access such as access to dark fiber should also be considered. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.
Amendment 257 #
Proposal for a directive Recital 172 (172) Civil engineering assets that can host an electronic communications network or passive infrastructure such as inactive cables are crucial for the successful roll- out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets or passive infrastructure exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self- standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.
Amendment 258 #
Proposal for a directive Recital 173 (173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation should be assessed separately; with one exception, there is no hierarchy among the obligations that national regulatory authorities may impose. However, in accordance with the principle of proportionality, an obligation regarding access to certain network facilities and their use may be imposed only if an obligation of access to civil engineering assets is either not imposed or not imposed effectively.
Amendment 259 #
Proposal for a directive Recital 173 (173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation shall be assessed separately and there is no hierarchy between the various obligations which national regulatory authorities can impose with one exception. In compliance with the principle of proportionality, the obligation to provide access to and use of specific network facilities shall only be imposed if the obligation to provide access to civil engineering is not or unlikely to be effective.
Amendment 260 #
Proposal for a directive Recital 175 Amendment 261 #
Proposal for a directive Recital 175 Amendment 262 #
Proposal for a directive Recital 175 Amendment 263 #
Proposal for a directive Recital 175 Amendment 264 #
Proposal for a directive Recital 175 Amendment 265 #
Proposal for a directive Recital 175 (175) In geographic areas where two access networks can be expected on a forward-looking basis, end-users are more likely to benefit from improvements in network quality, by virtue of infrastructure- based competition, than in areas where only one network persists. The adequacy of competition on other parameters, such as price and choice, is likely to depend on the national and local competitive circumstances. Where at least one of the network operators offers wholesale access to any interested undertaking on reasonable commercial terms permitting long term sustainable competition on the re
Amendment 266 #
Proposal for a directive Recital 177 (177) Price control may be necessary when market analysis in a particular market reveals inefficient competition. In particular, operators with significant market power should avoid a price squeeze whereby the difference between their retail prices and the interconnection and/or access prices charged to competitors who provide similar retail services is not adequate to ensure sustainable competition.
Amendment 267 #
Proposal for a directive Recital 178 Amendment 268 #
Proposal for a directive Recital 178 (178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as
Amendment 269 #
Proposal for a directive Recital 180 Amendment 270 #
Proposal for a directive Recital 181 Amendment 271 #
Proposal for a directive Recital 182 Amendment 272 #
Proposal for a directive Recital 183 Amendment 273 #
Proposal for a directive Recital 183 (183) This Directive
Amendment 274 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements can offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient.
Amendment 275 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure. National regulatory authorities must lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment must ensure open access for all undertakings wishing to participate in it.
Amendment 276 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements could offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements
Amendment 277 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density,
Amendment 278 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. If the national regulatory authority decides not to impose obligations, it must ensure that competition and market access are not compromised. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 279 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, and such an offer is taken up by a co-investor and agreed upon, or when commercial access agreements based on the same preconditions have equivalent results, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 280 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where open calls for tender are used for co-investment in new network elements which have been published by an operator with significant market power
Amendment 281 #
Proposal for a directive Recital 184 (184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power
Amendment 282 #
Proposal for a directive Recital 190 (190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Such models should therefore be promoted and encouraged. This category of network owners should not include untertakings that were either functionally separated or voluntary separated as incentives and remaining links with the customer base might still create competition concerns. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale-
Amendment 283 #
Proposal for a directive Recital 190 (190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream.
Amendment 284 #
Proposal for a directive Recital 191 (191) To facilitate the migration from legacy copper networks to next-generation networks, which is in the interests of end- users, national regulatory authorities should be able to monitor network operators' own initiatives in this respect and to establish, where necessary, an appropriate migration process, for example by means of prior notice, setting out a concrete deadline, transparency and acceptable
Amendment 285 #
Proposal for a directive Recital 223 (223) In order to effectively support the free movement of goods, services and persons within the Union, it should be possible to use certain national numbering resources, in particular certain non- geographic numbers, in an extraterritorial manner, that is to say outside the territory of the assigning Member State throughout the territory of the Union. In view of the considerable risk of fraud with respect to interpersonal communications, such extraterritorial use should be allowed for electronic communications services with the exception of interpersonal communications services. Member States should therefore ensure that relevant national laws, in particular consumer protection rules and other rules related to the use of numbers, are enforced independently of the Member State where the rights of use for numbers have been granted. That should entail that the national regulatory and other competent authorities of those Member States where a number is used are competent to apply their national laws to the undertaking to which the number has been assigned. In addition, the national regulatory authorities of those Member States should have the possibility to request the support of the national regulatory authority responsible for the assignment of the number to assist them in enforcing the respect of the rules applicable in those Member states where the number is used. Such support measures should include dissuasive sanctions, in particular in case of a serious breach the withdrawal of the right of extraterritorial use for the numbers assigned to the undertaking concerned.
Amendment 286 #
Proposal for a directive Recital 246 (246) Any changes to the contractual conditions
Amendment 287 #
Proposal for a directive Recital 254 (254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services regardless of their place of residence within the Union. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disability in drawing up measures under Article 114 of the TFEU.
Amendment 288 #
Proposal for a directive 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 available. The establishment and transmission of caller location information should be free of charge, where feasible, 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 289 #
(
Amendment 290 #
Proposal for a directive Recital 266 a (new) (266a) In order to enable listeners to use radio services anywhere in Europe, irrespective of the broadcasting standards used in the individual Member States, radios, including car radios, should be able to receive analog and digital and/or IP services. This will ensure that interoperability, which is currently based on FM radio, continues in the digital age. It will also enhance public safety by enabling listeners to receive emergency information irrespective of the technology used, whether at home or in the car, as well as traffic information when travelling in the Union.
Amendment 291 #
Proposal for a directive Recital 269 (269) Member States should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations,
Amendment 292 #
Proposal for a directive Recital 270 (270)
Amendment 293 #
Proposal for a directive Recital 270 (270)
Amendment 294 #
Proposal for a directive Recital 270 (270)
Amendment 295 #
Proposal for a directive Recital 270 a (new) (270a) 'Electronic programme guide' should be regarded as a dynamic concept in view of the ongoing changes to technologies and presentation and navigation tools deployed on the networks used to distribute radio broadcasts, audiovisual media services and connected TV services. Developments in those services should also be taken into account.
Amendment 296 #
Proposal for a directive Article 1 – paragraph 2 – subparagraph 1 The aim of this Directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take-up of very high capacity secured networks, sustainable competition, interoperability of electronic communications services, accessibility and end-user benefits.
Amendment 297 #
Proposal for a directive Article 1 – paragraph 3 – indent 1 - obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to
Amendment 298 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;
Amendment 299 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an publicly available electronic communications network which either consists wholly o
Amendment 300 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any other type of network which is capable of delivering under usual peak-
Amendment 301 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions
Amendment 302 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network
Amendment 303 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions
Amendment 304 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any network which is capable of delivering under usual peak-
Amendment 305 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which
Amendment 306 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means
Amendment 307 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a
Amendment 308 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions
Amendment 309 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-
Amendment 310 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a
Amendment 311 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions
Amendment 312 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the
Amendment 313 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the
Amendment 314 #
Proposal for a directive Article 2 – paragraph 1 – point 2 (2) 'very high capacity network' means an electronic communications network which
Amendment 315 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in Article 1 of Directive 98/34/EC and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 316 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘electronic communications service’ means a service
Amendment 317 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4)
Amendment 318 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) 'interpersonal communications service’ means a service normally provided for remuneration
Amendment 319 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) 'interpersonal communications service
Amendment 320 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) 'interpersonal communications service
Amendment 321 #
Proposal for a directive Article 2 – paragraph 1 – point 5 (5) 'interpersonal communications service’ means a service
Amendment 322 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans, and where the provider of the service has substantial control over the network used for enabling the communication ;
Amendment 323 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6)
Amendment 324 #
Proposal for a directive Article 2 – paragraph 1 – point 7 (7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans or where a number-based interpersonal communication service provider does not have substantial control over the network used for enabling the communication;
Amendment 325 #
Proposal for a directive Article 2 – paragraph 1 – point 7 (7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources,
Amendment 326 #
Proposal for a directive Article 2 – paragraph 1 – point 11 (11)
Amendment 327 #
Proposal for a directive Article 2 – paragraph 1 – point 15 a (new) (15 a) 'subscriber' means any person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services;
Amendment 328 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 329 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 330 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20)
Amendment 331 #
Proposal for a directive Article 2 – paragraph 1 – point 20 (20)
Amendment 332 #
Proposal for a directive Article 2 – paragraph 1 – point 22 (22)
Amendment 333 #
Proposal for a directive Article 2 – paragraph 1 – point 23 (23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.
Amendment 334 #
Proposal for a directive Article 2 – paragraph 1 – point 26 (26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof
Amendment 335 #
Proposal for a directive Article 2 – paragraph 1 – point 28 (28)
Amendment 336 #
Proposal for a directive Article 2 – paragraph 1 – point 32 (32) 'voice communications
Amendment 337 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.
Amendment 338 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States
Amendment 339 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States
Amendment 340 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States
Amendment 341 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States
Amendment 342 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States
Amendment 343 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of freedom of expression and information, cultural and linguistic diversity, as well as media pluralism.
Amendment 344 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 345 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities
Amendment 346 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities
Amendment 347 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities
Amendment 348 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 National regulatory and other competent authorities
Amendment 349 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 350 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 351 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 352 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 353 #
Proposal for a directive Article 3 – paragraph 2 – introductory part Amendment 354 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory, the Commission and other competent authorities as well as BEREC shall pursue each and all of the general objective listed below:
Amendment 355 #
Proposal for a directive Article 3 – paragraph 2 – introductory part 2. The national regulatory and other competent authorities as well as BEREC
Amendment 356 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote
Amendment 357 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 358 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote availability, affordability, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 359 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote the availability and affordability of, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 360 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 361 #
Proposal for a directive Article 3 – paragraph 2 – point a (a) promote access to, investment in and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 362 #
Proposal for a directive Article 3 – paragraph 2 – point b (b) promote competition, which is the most important precondition for investments, in the provision of electronic communications networks and associated facilities, including efficient infrastructure- based competition, and in the provision of electronic communications services and associated services
Amendment 363 #
Proposal for a directive Article 3 – paragraph 2 – point b (b) promote sustainable competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;
Amendment 364 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for
Amendment 365 #
Proposal for a directive Article 3 – paragraph 2 – point c (c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the provision, availability and interoperability of pan-
Amendment 366 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by promoting the Union competitiveness and economic development, also through the digitalization of the industry, by ensuring a high and common level of protection for end-
Amendment 367 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including in the long term,
Amendment 368 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability, investment in and take-
Amendment 369 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services
Amendment 370 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union,
Amendment 371 #
Proposal for a directive Article 3 – paragraph 2 – point d (d) promote the interests of the citizens of the Union,
Amendment 372 #
Proposal for a directive Article 3 – paragraph 2 – point d – point i (new) (i) The objectives set out in paragraph 2 shall be equivalent.
Amendment 373 #
Proposal for a directive Article 3 – paragraph 3 – point a (a)
Amendment 374 #
Proposal for a directive Article 3 – paragraph 3 – point a (a)
Amendment 375 #
Proposal for a directive Article 3 – paragraph 3 – point a a (new) (a a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 376 #
Proposal for a directive Article 3 – paragraph 3 – point b (b) ensuring that, in similar circumstances, there is no discrimination in the treatment of
Amendment 377 #
Proposal for a directive Article 3 – paragraph 3 – point b a (new) (b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 378 #
Proposal for a directive Article 3 – paragraph 3 – point b a (new) (b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 379 #
Proposal for a directive Article 3 – paragraph 3 – point c (c) applying EU law in a technologically neutral fashion which neither imposes nor discriminates in favour of the use of a particular type of technology, to the extent that this is consistent with the achievement of the objectives of paragraph 1;
Amendment 380 #
Proposal for a directive Article 3 – paragraph 3 – point c (c) applying EU law in a technologically neutral fashion
Amendment 381 #
Proposal for a directive Article 3 – paragraph 3 – point e (e) taking due account of the variety of conditions relating to infrastructure,
Amendment 382 #
Proposal for a directive Article 3 – paragraph 3 – point f Amendment 383 #
Proposal for a directive Article 3 – paragraph 3 – point f (f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition
Amendment 384 #
Proposal for a directive Article 3 – paragraph 3 – point f (f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the wholesale and the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.
Amendment 385 #
Proposal for a directive Article 3 – paragraph 3 – point f (f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and long term sustainable competition on the re
Amendment 386 #
Proposal for a directive Article 3 – paragraph 3 – point f (f) imposing ex ante regulatory obligations
Amendment 387 #
(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition
Amendment 388 #
Proposal for a directive Article 3 – paragraph 3 – point f (f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the
Amendment 389 #
Proposal for a directive Article 3 – paragraph 3 – point f a (new) (f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 390 #
Proposal for a directive Article 3 – paragraph 3 – point f a (new) (f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 391 #
Proposal for a directive Article 3 – paragraph 3 – point f a (new) (f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 392 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, data protection and privacy, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.
Amendment 393 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum
Amendment 394 #
Proposal for a directive Article 4 – paragraph 2 2. By cooperating with each other and, where appropriate, with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Union and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.
Amendment 395 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall cooperate through the Radio Spectrum Policy Group, established by Commission Decision 2002/622/EC, with each other and with the Commission, and upon their request with the European Parliament and the Council, in support of the strategic planning and coordination of radio spectrum policy approaches in the Union. Where regulatory or competitive dimensions arise in the determination of spectrum policy issues, BEREC shall be associated.
Amendment 396 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 6 - ensuring consumer protection and end-user rights in the electronic communications sector within the remit of their competences under the sectorial regulation, and cooperating with relevant competent authorities wherever applicable;
Amendment 397 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new) - monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity
Amendment 398 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new) - monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity
Amendment 399 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new) - monitoring closely the development of the Internet of Things;
Amendment 400 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new) - ensuring competition and consumer protection in the Internet of Things;
Amendment 401 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 8 -
Amendment 402 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 8 -
Amendment 403 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 8 -
Amendment 404 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 8 -
Amendment 405 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 2 – indent 11 a (new) - monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity
Amendment 406 #
Proposal for a directive Article 5 – paragraph 2 2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall
Amendment 407 #
Proposal for a directive Article 5 – paragraph 2 2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall
Amendment 408 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall guarantee the independence of national regulatory authorities and of other competent authorities by ensuring that they are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services and of the respective government . Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.
Amendment 409 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall ensure that national regulatory authorities and other competent authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they have adequate technical, financial and human resources to carry out the task s assigned to them.
Amendment 410 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall ensure that national regulatory authorities and other competent authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they have adequate technical, financial and human resources to carry out the task s assigned to them.
Amendment 411 #
Proposal for a directive Article 7 – paragraph 1 1. The head of a national regulatory authority, or, where applicable, the members of the collegiate body fulfilling that function within a national regulatory authority or their replacements, shall be appointed for a term of office of at least four years from among persons of recognised standing and professional experience, on the basis of merit, skills, knowledge and experience and following an open and transparent selection procedure. They shall not be allowed to serve more than two terms, either consecutive or not. Member States shall ensure continuity of decision-making by providing for an appropriate rotation scheme for the members of the collegiate body or the top management, such as by appointing the first members of the collegiate body for different periods, in order for their mandates, as well as that of their successors not to elapse at the same moment.
Amendment 412 #
Proposal for a directive Article 8 – paragraph 1 1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 413 #
Proposal for a directive Article 8 – paragraph 1 1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 414 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that national regulatory authorities take utmost account of opinions
Amendment 415 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.
Amendment 416 #
Proposal for a directive Article 11 – paragraph 1 1. National regulatory authorities, other competent authorities under this Directive, and national competition authorities shall provide each other with the information necessary for the application of the provisions of this Directive. In respect of the information exchanged, Union data protection rules shall apply, and the receiving authority shall ensure the same level of confidentiality as the originating authority.
Amendment 417 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned
Amendment 418 #
Proposal for a directive Article 12 – paragraph 4 – subparagraph 2 Member States may not impose any additional or separate notification requirements Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.
Amendment 419 #
Proposal for a directive Article 12 – paragraph 4 a (new) 4 a. Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, the general authorisation shall be granted by the national regulatory authority of the Member state indicated in the single notification as the provider's main establishment in the EU. This national regulatory authority shall attach to the General authorisation the specific conditions necessary in order to ensure compliance in particular with all the relevant Union and national rules related to the provision of electronic communication services applicable in the Member States where the services are provided. In case of a demonstrated breach of the relevant rules or upon request from another national regulatory authority than the one that granted the authorisation, the national regulatory authority that granted the authorisation , shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the General authorisation granted to the undertaking concerned. BEREC shall timely assess the validity of the General authorisation granted and facilitate and coordinate the exchange of information between the national regulatory authorities of the different Member States involved and ensure the appropriate coordination of work among them, and shall take decision in case of unresolved disputes.
Amendment 420 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.
Amendment 421 #
Proposal for a directive Article 18 – paragraph 2 – subparagraph 2 a (new) Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, any amendment to the general authorisation by the Member state that has granted the general authorisation shall be notified to BEREC and the Member states concerned.
Amendment 422 #
Proposal for a directive Article 19 – paragraph 1 1. Without prejudice to Article 49 paragraphs 2 and 2a, Member States shall not restrict or withdraw rights to install facilities or rights of use for radio spectrum or numbers before expiry of the period for which they were granted except where justified pursuant to paragraph 2 and where applicable in conformity with the Annex I and relevant national provisions regarding compensation for withdrawal of rights.
Amendment 423 #
Proposal for a directive Article 19 – paragraph 2 2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 25 year minimum duration, based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination. Such procedures shall specify any applicable parameters, including the period for putting the rights into use, the non-fulfillment of which would entitle the Member State to consider withdrawal of the right of use or the imposition of other measures, such as shared use.
Amendment 424 #
Proposal for a directive Article 19 – paragraph 2 2. I
Amendment 425 #
Proposal for a directive Article 19 – paragraph 2 2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a
Amendment 426 #
Proposal for a directive Article 19 – paragraph 2 2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights,
Amendment 427 #
Proposal for a directive Article 19 – paragraph 2 2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights,
Amendment 428 #
Proposal for a directive Article 19 – paragraph 4 4. Any intention to restrict or withdraw authorisations or individual rights of use for radio spectrum or numbers without the consent of the right holder shall be subject to a public consultation in accordance with Article 23.
Amendment 429 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information. In the context of this survey, the national regulatory authorities, the other competent authorities and BEREC shall respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.
Amendment 430 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 Member States shall ensure that
Amendment 431 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at |