38 Amendments of Miapetra KUMPULA-NATRI related to 2023/0046(COD)
Amendment 114 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure proportionality and preserve investment incentives, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where the network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and incentives to invest. It may also risk an inefficient duplication of network elements. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
Amendment 180 #
For the purposes of this Regulation, the definitions in Directive (EU) 2018/1972 apply., in particular: (1)a ‘Very high capacity network’ means a fixed or wireless network as defined in Article 2, point (2) of Directive (EU) 2018/1972;
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii a (new)
Article 2 – paragraph 2 – point 1 – point b – point ii a (new)
(iia) (iii) other physical infrastructure services related to electronic communications networks
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings or entries to buildings, rooftops and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations;
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 2 – point 4
Article 2 – paragraph 2 – point 4
(4) ‘public sector body’ means a State, regional or local authority, a body governed by public law or an association formed by one or several such authorities or one or several such bodies governed by public law or any entity exclusively entrusted with performing tasks on their behalf which entails control directly or by delegation of the physical infrastructure ;
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions and at prices not exceeding the costs they incur as a result of granting access. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. When determining prices as part of fair and reasonable terms and conditions for granting access, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the impact of the requested access on the access provider’s business plan, including investments in the physical infrastructure to which the access has been requested. Network operators other than operators should, when determining fair and reasonable prices, take into account costs they incur as a result of granting access, unless these costs are already fairly covered through any other regime;
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 (new)
Article 3 – paragraph 2 – subparagraph 1 (new)
(d) whether there is a lack of balance in the negotiation power
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of scientifically based safety and public health concerns;
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point f
Article 3 – paragraph 3 – subparagraph 1 – point f
(f) the availability of viable alternative means of wholesale physical access to electronic communications networks provided by the same network operator and suitable for the provision of very high capacity networks, provided that such access is offered under fair and reasonable terms and conditions.
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
In the event of a refusal to provide access, the network operator or the public sector body owning or controlling physical infrastructure shall communicate to the access seeker, in writing, the specific and detailed reasons for such refusal within 1 month5 days from the date of the receipt of the complete request for access.
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 2, 3 and 4, for as long as such access obligations are in place. When a new market analysis is undertaken following article 67 of the EECC, and prior to the imposition of remedies, this Regulation should be considered as an existing Regulation affecting the market of wholesale access to physical infrastructure, in the sense of article 67.2.c. In cases where the NRA concludes that remedies are required, it should be justified why this Regulation is insufficient to address competition concerns.
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of architectural, historical, religious, or natural value, or for reasons of public security, or for science- based safety and health concerns. Member States shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 277 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States should, without delay, make a preliminary inventory of existing information/databases to connect these existing sources of information.
Amendment 290 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Any network operator or public sector body when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non- discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.
Amendment 294 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
A request to coordinate civil works made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking providing or authorised to provide public electronic communications networksoperator to an operator may be deemed unreasonable where both following conditions are met:
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networksoperators totally or partially publicly financed refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.
Amendment 305 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall make available in electronic format via a single information point the following minimum information, upon the specific written request, when the information is not publicly available, the following minimum information concerning on-going or planned civil works related to its physical infrastructure for which a permit has been granted, a permit granting procedure is pending or first submission to the competent authorities for permit granting is envisaged in the following six months:
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Competent authorities shall make available all information on the conditions and procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law, via a single information point in electronic format related to all necessary permits.
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any operator shall have the right to submit, via a single information point in electronic format, applications for all necessary permits or rights of way and to retrieve information about the status of its application.
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 4 months within maximum 3 months for permit and 2 months for rights of way, from the date of the receipt of a complete permit application.
Amendment 353 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 4maximum 2 month period from the date of receipt of the application.
Amendment 361 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 4- month deadlines referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6. The network operator requesting permit shall be entitled to receive a confirmation of the permit deemed to have been granted.
Amendment 365 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be imposed by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of this Regulation.
Amendment 379 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission should monitor the effective enforcement of the provisions of this Article at Member State level. Member States should report annually to the Commissions whether the deadlines are met.
Amendment 395 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Building’s owners/condominiums that have equipped newly constructed or renovated buildings with a fibre-ready in- building physical infrastructure up to the network termination points as well as with in-building fibre wiring pursuant to paragraphs 1 and 3 shall meet all reasonable operators’ requests for access to the in-building physical infrastructure and fibre wiring under non- discriminatory terms and conditions. The access should not be subject to any fees.
Amendment 396 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Member States shall adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 9 months]. Those standards or technical specifications shall easily allow ordinary assurance/maintenance activities for the individual fibre wirings used by each operator to provide VHC services and set at least:
Amendment 401 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 (new)
Article 8 – paragraph 4 – subparagraph 1 (new)
Amendment 416 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Amendment 419 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Amendment 427 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. This Article shall also be without prejudice to the right of Member States to maintain or introduce measures falling outside the scope of this Regulation, such as access obligations for in-building cables, provided that these measures are in alignment with the aim of this Regulation.
Amendment 431 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. 4. Member States shall, without delay, conduct a survey in order to identify existing relevant databases to take into account in order to avoid duplication.
Amendment 434 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) within fourmaximum 2 months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
Amendment 448 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [DATE OF ENTRY INTO FORCE + 53 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.
Amendment 453 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
National measures that specify the categories of deployment of elements of very high capacity networks or associated facilities not being subject to any permit- granting procedure within the meaning of Article 7, and that were adopted by the Member States pursuant to Directive 2014/61/EU or before its entry into force but in line with it shall continue to apply until the implementing act provided for in Article 7(8) of this Regulation enters into application.