19 Amendments of Jana TOOM related to 2016/0288(COD)
Amendment 66 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users have access at an affordable price to available functional internet access and voice communications services, at least at a fixed location and by way of mobile connection. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deemas this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.
Amendment 68 #
Proposal for a directive
Recital 200
Recital 200
(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or. Users with the lowest income and users with special social needs, including the elderly, the disabled and the end-users living in rural or geographically isolated areas, should be able to afford those services. These offers should be provided with basic features, in order to avoid distortion of the functioning of the market. Affordability for individual end-users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.
Amendment 69 #
Proposal for a directive
Recital 201
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 least at a fixed location and by way of mobile connection with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.
Amendment 70 #
Proposal for a directive
Recital 204
Recital 204
Amendment 71 #
Proposal for a directive
Recital 205
Recital 205
Amendment 73 #
Proposal for a directive
Recital 209
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 of delivering functional internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location and by way of mobile connection, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence. There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.
Amendment 74 #
Proposal for a directive
Recital 211
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
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
Recital 214
(214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location and by way of mobile connection, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds as for the other universal service obligations.
Amendment 134 #
Proposal for a directive
Article 79 – paragraph 1
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, at leastboth at a fixed location and by way of mobile connection.
Amendment 136 #
Proposal for a directive
Article 79 – paragraph 3 a (new)
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
Article 80 – paragraph 2
2. Where Member States establish that, in the light of national conditions,shall ensure that retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal for all end- users, including end-users with the lowest incommercial conditions. To that end, Member States may require such undertakings to apply common tariffs, including geographic averaging, throughout the territory and special social needs. Member States shall ensure that all end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.
Amendment 138 #
Proposal for a directive
Article 80 – paragraph 3
Article 80 – paragraph 3
Amendment 139 #
Proposal for a directive
Article 80 – paragraph 4
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 least at a fixed location and by way of mobile connection.
Amendment 140 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 141 #
Proposal for a directive
Article 81 – paragraph 3
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
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 service as defined in accordance with Article 79(2) and of voice communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.
Amendment 143 #
Proposal for a directive
Article 81 – paragraph 5
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
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.