12 Amendments of Henna VIRKKUNEN related to 2016/0288(COD)
Amendment 279 #
Proposal for a directive
Recital 184
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 310 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
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 at least up to the distribution point at the serving location ornd which is capable of delivering under usual peak-time conditions similar network performancehigh-performing broadband access services in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 377 #
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
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 473 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determinedforeseen that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a pverformance of at least 100 Mbps download speedsy high capacity network, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.
Amendment 477 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbpsa very high capacity network on the basis of the information gathered pursuant to paragraph 1(b).
Amendment 552 #
Proposal for a directive
Article 35 – paragraph 4 – point c a (new)
Article 35 – paragraph 4 – point c a (new)
(c a) the principles of service and technological neutrality and of effective and efficient use of spectrum;
Amendment 725 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely whe where the reach, coverage and user uptake corresponds to that of number-based services and where strictly necessary in order to ensure access to emergency services or end-to-end connectivitymmunication between end-users is endangered due to a lack of interoperability between interpersonal communications services, obligations on providers of number- independent interpersonal communications services to make their services interoperable.
Amendment 741 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations uponto meet reasonable request to grants for access to wiring and cables inside buildings or up to the firsta concentration or distribution point where that point ias clocated outside the buildingse to end-users as possible, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. Under special circumstances, when access regulation is imposed beyond the first concentration or distribution point, national regulatory authorities may impose active or virtual access to such wiring and cables.
Amendment 751 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 762 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:
Amendment 880 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
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 and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive wireline transmission infrastructure including cable and fiber, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.
Amendment 1036 #
Proposal for a directive
Article 74 – paragraph 1 – point 1 (new)
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.