[ParlTrack]

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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~~premises, 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 requirements.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 61

(61) IBridging digital divide in Europe is essential precondition for achieving a gigabit society where all European will have access to internet and digital services. To this end, 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI

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- compliance with the conditions attached to the rights of use, or the facilitation of radio spectrum tradability and leasing, and will serve to prevent inappropriate accumulation of radio spectrum and support greater flexibility in distributing spectrum resources. Greater recourse to annualised fees is also a means to ensure a continuous assessment of the use of the spectrum by the holder of the right.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Jeppe KOFOD

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 sustainable competition on the retail market, national regulatory authorities are unlikely to need to impose or maintain SMP-based wholesale access obligations, beyond access to civil infrastructure, therefore reliance can be placed on the application of general competition rules. This applies a fortiori if both network operators offer reasonable commercial wholesale access. In both such cases, it may be more appropriate for national regulatory authorities to rely on specific monitoring on an ex post basis. Where on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail and wholesale markets (e.g. as can be the case for mobile, and as can occur in some geographic areas for fixed-line networks, especially where there is effective access to civil infrastructure and/or co- investment, such that three or more operators have effective control over the necessary access network assets to meet retail demand), national regulatory authorities will be less likely to identify an operator as having SMP, unless they make a finding of collective dominance, or if each of the undertakings in question has significant market power in distinct wholesale markets, such as in the case of voice call termination markets. The application of general competition rules in such markets characterised by sustainable and effective infrastructure- based competition should be sufficient.deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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. 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 270

(270) ~~Network~~Must-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or ~~television broadcast~~audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks and services to the extent that they are used by a significant number of end- users ~~use such networks as their principal means to receive radio and television broadcast~~to receive radio and audiovisual media services. Relevant criteria for assessing the concept of "a significant number of end-users" in this context may take into account inter alia developments in technology and consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end- users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the ~~continued~~ importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. Must carry obligations should enable access for end-users to connected TV services.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 ~~similar~~at least the same network performance 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

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;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall:~~and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

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 ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 3 – paragraph 3 – point a

(a) ~~promoting regulatory predictability~~ by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Flavio ZANONATO

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Theresa GRIFFIN

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

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 ~~have the right to~~ enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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~~by the competent national authority, based on detailed procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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.~~

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 20 – paragraph 3

3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality, national security or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the information.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Article~~s 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and~~ 81 for the surveys required for the application of State aid rules; ~~and~~

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

a three-year forecast, if considered necessary by the national regulatory authority, of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast, if conducted, shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast, if conducted, shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities ~~shall~~may request undertakings to provide relevant information regarding planned deployments of such networks based on the best information available to them.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The information collected in the survey shall be confidential and the national regulatory authority shall not make this available to competitors.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
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 determined 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 performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities ~~shall~~may publish the designated digital exclusion areas.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 6

6. NIf the relevant information for end-users is not available on the market, national regulatory authorities may make available information tools to end- users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 ~~harmonised~~ radio spectrum in accordance with Union legislation.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

Proposal for a directive
Article 28 – paragraph 2 – introductory part

2. Member States shall cooperate with each other, and through the Radio Spectrum Policy Group, in the cross-border coordination of the use of radio spectrum in order to:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI

Proposal for a directive
Article 29 – paragraph 1 a (new)

Right to compensation and liability Any user who has suffered material or non-material damage as a result of an infringement of this Directive shall have the right to receive compensation from the infringer for the damage suffered, unless the infringer proves that it is not in any way responsible for the event giving rise to the damage.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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~~publish the draft measure, 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 ~~thereof~~and stakeholders thereof at the same time. 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2

and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform BEREC, the other national regulatory authorities ~~of its reservations in such a case~~and stakeholders, at the same time, of its reservations in such a case and invite stakeholders to provide their observations.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 5 a (new)

5 a. Within six weeks from the beginning of the two month period referred to in paragraph 4, BEREC shall, acting by a majority of its component members, issue an opinion on the Commission's notification referred to in paragraph 4, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 8 a (new)

8 a. The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 33 – paragraph 5 – point a

(a) issue a recommendation requiring the national regulatory authority concerned to amend or withdraw the draft measure~~, including specific proposals to that end~~ and providing reasons justifying its recommendation, including specific proposals for amendment of the draft measure in particular where BEREC does not share the serious doubts of the Commission;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1

Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b) of this Article, the national regulatory authority concerned shall ~~communicate to~~withdraw the draft measure or adopt and publish the final measure and inform the Commission ~~and~~, BEREC ~~the adopted final measure~~and other national regulatory authorities and stakeholders thereof.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e

(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory wholesale access obligations;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 35 – paragraph 2

2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure publicly available and accessible, together with the reasoning on which the measure is based, toand inform BEREC, the Commission and national regulatory authorities in other Member States, thereof at the same time.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a

(a) promote the development of the internal market as well as ensuring competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

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 ensure that, when necessary for confidentiality, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 4 a (new)

Member States shall ensure that in case of a particular risk of a security incident in public communications networks or publicly available electronic communications services providers of such networks or services shall inform their end-users of such a risk and of any possible protective measures or remedies which can be taken by the end-users.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 41 – paragraph 3

3. Member States shall ensure that the competent authorities have all the powers necessary to investigate cases of non- compliance and the effects thereof on the security of the networks and services., and that undertakings providing public communications networks have a responsibility to react to cybersecurity incidents caused by hijacked devices;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 43 – paragraph 2 a (new)

2 a. Member States shall ensure that an effective appeal mechanism exists for undertakings whose requests for the granting of rights to install facilities are refused or otherwise not granted. The appeals body shall be independent of the parties involved and shall render a decision on appeal within two months.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1

Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non- discriminatory and proportionate criteria.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a

(a) ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO, Theresa GRIFFIN

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e

(e) promoting the shared use of radio spectrum between similar and/or different uses of spectrum; promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 3

Where the Commission is considering acting to provide for measures in accordance with Article 39, it ~~may~~shall seek the advice of the Radio Spectrum Policy Group with regard to the implications of any such standard or specification for the coordination, harmonisation and availability of radio spectrum. The Commission shall take utmost account of the advice of the Radio Spectrum Policy Group in taking any subsequent steps.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

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:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN, Theresa GRIFFIN

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part

Member States ~~may~~shall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services ~~where this is necessary~~in order to:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)

(d a) promote interconnection in Europe along major transport paths;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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 by Member States and the EU in accordance with Union law.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Edouard MARTIN

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights ofr use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph. In all other cases, they shall set out the conditions for thewhere necessary in order to: - avoid harmful interference, - ensure technical quality of service, - ensure coverage and performance of mobile network along all major roads and railways; - safeguard efficient use of ~~radio~~ spectrum ~~in a general authorisation~~, or - fulfil other objectives of general interest as defined by Member States in conformity with the Union law.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2

To this end, Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account : (a) the specific characteristics of the radio spectrum concerned; (b) the need to protect against harmful interference; (c) the requirements for a reliable sharing arrangement, where appropriate; (d) the appropriate level of receiver resilience to ensure technical quality of communications or service; (e) objectives of general interest as defined by Member States in conformity with Union law.deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Flavio ZANONATO

Proposal for a directive
Article 46 – paragraph 2

2. When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authorities shall ensure that the rules and conditions for the shared use of radio spectrum are clearly set out and concretely specified in the acts of authori~~sation.~~zation. Such rules shall include fair and non-discriminatory wholesale access conditions for all operators, including virtual operators, and facilitate efficient spectrum use, competition and innovation;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 47 – paragraph 2

2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements~~, or the joint roll-out of infrastructures~~ for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage of close to 100 percent of Europeans as well as the deployment of innovative technologies. Conditions attached to the rights of use shall not prevent the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 47 – paragraph 3 – subparagraph 1

The Commission may adopt implementing measures in order to specify the modalities of applying the conditions that Member States may attach to authorisations to use ~~harmonised~~ radio spectrum in accordance with paragraphs 1 and 2, with the exception of fees pursuant to Article 42.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 49 – paragraph 1

1. Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure competition as well as effective and efficient use and promote efficient investments, including by allowing for an appropriate period for investment amortisation.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, th~~ose rights of use for harmonised radio spectrum shall be valid for a duratio~~ey shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn ofr a~~t least 25 years, except~~ djusted by the Member States after the mid-term assessment if such rights prevent: - ensuring the ~~case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands~~efficient and effective use of radio spectrum, - pursuing a general interest objective, such as the achievement of the Union connectivity targets, or - organising and using radio spectrum for public order, public security purposes or defence. In case of withdrawal, the rights of use can only be revoked after a transitional period.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Theresa GRIFFIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 50 – paragraph 2 – point d

(d) the need to promote, or avoid any distortion of, competition in line with Article 52, in particular by making necessary adjustments to existing spectrum assignments where justified in accordance with Article 49 to ensure effective competition and spectrum availability for potential new entrants;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2

If as a result of the consultation pursuant to the first subparagraph, there is evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, the competent authority shall grant the rights pursuant to Article 54 and in compliance with the objectives set in articles 45 and 52.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities ~~may~~shall take appropriate measures such as, inter alia:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point a

(a) limiting the amount of radio spectrum for which rights of use are granted to any undertaking, or attaching conditions to such rights of use, such as the provision of ~~wholesale access~~passive or active network sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN, Theresa GRIFFIN

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b

(b) reserving, if appropriate ~~in regard to an exceptional situation in the national market~~, a certain part of a frequency band or group of bands for assignment to new entrants, or, if appropriate, to exceptional situations in national markets;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 58 – paragraph 2

2. Without prejudice to Article 21 of this Directive, Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Where the conditions of competition demand it, access negotiations may be conducted via a neutral third party. Access negotiations should not unreasonably impede either party from acting unilaterally. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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, ~~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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

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 to digital radio and ~~television broadcasting~~audiovisual media services and related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

NWithout prejudice to 59(1), national regulatory authorities shall, taking full account of the principle of proportionality impose obligations ~~upon~~to meet reasonable requests to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside but close to the building, o~~n the owners of such wiring and cable or on undertaking~~r beyond it to a concentration point close to end-users, on the owners of such wiring and cable or on undertakings on providers of electronic communications networks or electronic communications services 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 shall be objective, transparent, non-discriminatory and proportionate in accordance with the principles set out in Article 3(3), and may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access~~, which, w~~. Therse ~~appropriate, are adjusted to take into account risk factors.~~measures should be consistent with the provisions of [Broadband Cost reductions Directive]

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

~~National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions,~~When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular, but not exclusively:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable ~~and similar~~ alternative means of access to end-users is ~~made available to any undertaking~~provided by the network operator and suitable for the provision of very high capacity networks, provided that ~~the~~such access is offered on fair and reasonable terms and conditions ~~to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and~~; or

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b a (new)

(b a) c) these obligations may lead to strengthening the overall market position of undertakings designated as having significant market power. Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 b (new)

An undertaking shall be deemed to have unilateral market power where, in the absence of significant market power, it enjoys a position of economic strength by virtue of the weakness of competitive constraints in an oligopolistic market, enabling it to act in a manner which is detrimental to consumer welfare.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Edouard MARTIN, Flavio ZANONATO

Proposal for a directive
Article 62 – paragraph 2

2. The Commission shall publish, after consulting with BEREC, at the latest on the date of entry into force of this Directive, guidelines for market analysis and the assessment of significant and unilateral market power (hereinafter ‘"the SMP guidelines’") which shall be in accordance with the relevant principles of competition law and the objectives of the Code.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Victor NEGRESCU, Zigmantas BALČYTIS, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 62 – paragraph 3

3. National regulatory authorities shall, taking the utmost account of the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. ~~National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1).~~ They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably;deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) all relevant competitive constraints, ~~including at retai~~on wholesale and retail level level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user~~, and irrespective of whether such constraints are part of the relevant market~~;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point c

(c) other types of regulation or measures imposed and affecting the relevant market or related retail market or markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 44, 58 and 59; andeleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point d

~~(d) regulation imposed on other relevant markets on the basis of this Article.~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 4

4. Where a national regulatory authority determines that~~, in a relevant market~~ the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify: (a) any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61(2); or in case of the absence thereof: (b) undertakings which enjoy a position of unilateral market power on that market in accordance with Article 61(3). The national regulatory authority shall ~~impose~~ on such undertakings impose appropriate specific regulatory obligations ~~in accordance with Article 66~~ or maintain or amend such obligations where they already exist ~~if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations~~.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 66 – paragraph 2

2. Where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 65 of this Directive, national regulatory authorities shall ~~be able to~~ impose any of the obligations set out in Articles 67 to 75 and 77 of this Directive ~~as appropriate.~~;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

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~~, in particular at~~ on wholesale or retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 66 – paragraph 6

6. National regulatory authorities shall consider the impact of new market developments~~, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics~~. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Article 70 – title

Access to civil engineering and to entire and shared physical network elements

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, where it considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market and would not be in the end-user's interest: a. impose obligation~~s on operator~~s to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, 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~~; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the eme~~rgence of a sustainable competitive market at the retail level and would not be in the end-user's interest~~tallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Article 70 – paragraph 1 a (new)

1 a. National regulatory authorities shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Patrizia TOIA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 71 – title

Obligations of access to, and use of, ~~specific network facilitie~~entire and shared physical network elements

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a~~A national regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market ~~at the retail level, and~~, or would not be in the end-user's interest.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part

~~Operators may be required~~National regulatory authorities may impose inter alia:

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) ~~to give third parties access to specified~~obligations of access to, and use of, specific entire physical network elements and~~/or~~ associated facilities, ~~as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;~~including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)

(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b

~~(b) to negotiate in good faith with undertakings requesting access;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c

~~(c) not to withdraw access to facilities already gran~~deleted;

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d

~~(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e

~~(e) to provide co-location or other forms of associated facilities sharing;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f

~~(f) to provide specified services needed to ensure interoperability of end- to-end services to users, including facilities for software emulated networks or roaming on mobile networks;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g

~~(g) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h

~~(h) to interconnect networks or network facilities;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i

~~(i) to provide access to associated services such as identity, location and presence service.~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3

~~National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. WThen national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assy shall take account in particular of the following factors:(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial invesstment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point a

(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point b

~~(b) the expected technological evolution affecting network design and management~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point c

~~(c) the feasibility of providing the access proposed, in relation to the capacity available;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point d

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point e

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point f

~~(f) where appropriate, any relevant intellectual property rights;~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point g

~~(g) the provision of pan-European services.~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 3

3. ~~When imposing obligations on an operator to provide access in accordance with the provisions of this Article,~~This is without prejudice to national regulatory authorities ~~may lay down technical or op~~giving consideration~~al con~~ in additions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid downimposing each of the obligations on an operator in accordance with Article 3972.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 72 a (new)

Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose: (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 2

2. By [date] the Commission shall, after having consulted BEREC, adopt delegated acts in accordance with Article 109 concerning a single maximum termination rate to be imposed by national regulatory authorities on undertakings designated as having significant market power in fixed and mobile voice termination markets respectively in the Union.deleted

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 3

~~3. When adopting these~~ delegated ~~acts, the Commission shall follow the principles laid down in the first subparagraph of paragraph 1 and shall comply with the criteria and parameters provided in Annex III.~~

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 4

4. ~~In applying paragraph 2, t~~The Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1~~.23~~ €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.142 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 5

~~5. When adopting~~ delegated acts pursuant to paragraph 2, the Commission shall take into account the total number of end-users in each Member State, in order to ensure a proper weighting of the maximum termination rates, as well as national circumstances which result in significant differences between Member States when determining the maximum termination rates in the Union

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 7

~~7. The Commission shall review the~~ delegated ~~acts adopted pursuant this Article every five years.~~

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 74

Regulatory treatment of new network elements 1. 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 following cumulative conditions are met: (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; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (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, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.Article 74 deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

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 channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting ~~connected TV services and~~and enabling end-user access to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means to receive radio and television broadcast channel~~and services use them to receive radio and audiovisual media services. 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.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

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., including, for the avoidance of doubt, under Article 59(2)

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

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 ~~including~~, to cover close to 100 percent of European citizens and, where appropriate, ~~coverage and~~ quality of service requirements.

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs)., including for data supporting and enabling end-user access to connected TV services

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex II – part 2 a (new)

(c) Access to caching facilities.

2017/04/06
Committee: ITRE

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Annex III

Criteria for the determination of wholesale call termination rates Criteria and parameters for the determination of rates for wholesale call termination on fixed and mobile markets, referred to in Article 73 (4): (a) the relevant incremental costs of the wholesale voice call termination service shall be determined by the difference between the total long-run costs of an operator providing its full range of services and the total long-run costs of that operator not providing a wholesale voice call termination service to third parties; (b) only those traffic related costs which would be avoided in the absence of a wholesale voice call termination service being provided shall be allocated to the relevant termination increment; (c) costs related to additional network capacity shall be included only to the extent that they are driven by the need to increase capacity for the purpose of carrying additional wholesale voice call termination traffic; (d) radio spectrum fees shall be excluded from the mobile termination increment; (e) only those wholesale commercial costs shall be included which are directly related to the provision of the wholesale voice call termination service to third parties; (f) all fixed network operators shall be deemed to provide voice call termination services at the same unit costs as the efficient operator, regardless of their size; (g) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20%; (h) the relevant approach for asset depreciation shall be economic depreciation; and (i) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate. In the case of fixed networks, calls shall be considered to be exclusively packet switched.deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex IV

~~[...]~~deleted

2017/04/06
Committee: ITRE

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex V – point 11 a (new)

(11 a) audiovisual media services

2017/04/06
Committee: ITRE

136 Amendments of Miapetra KUMPULA-NATRI related to 2016/0288(COD)

ParlTrack - 2011-2024