12 Amendments of Dario TAMBURRANO related to 2016/0185(COD)
Amendment 19 #
Proposal for a regulation
Recital 8
Recital 8
(8) In particular, the current functioning of wholesale roaming markets could affect competition and investments in home operators’ domestic markets due to excessive wholesale roaming charges compared to the domestic retail prices applied to end-users. This applies in particular for smaller or net out-bound operators, thus making RLAH structurally unsustainable. It should be underlined that those typologies of operators are essential for healthy competition, and accordingly they should be protected from any restrictive practices, that in extreme cases can reach refusal of service, guaranteeing them the adequate protection from national regulatory authorities.
Amendment 23 #
Proposal for a regulation
Recital 9
Recital 9
(9) The functioning of the wholesale roaming market should allow that operators recover operationall costs of providing regulated wholesale roaming services, including joint and common costsalso considering joint and common costs, although using extreme prudence in the consideration of overhead costs, which should be supported autonomously by domestic business models. It is important also that the wholesale cost model does not encourage downstream of the wholesale market practices like initial minimum or flat charges to the retail customer. This should preserve incentives to invest in visited networks and avoid any distortion of domestic competition in the visited markets caused by regulatory arbitrage by operators using wholesale roaming access remedies to compete in domestic visited markets.
Amendment 27 #
Proposal for a regulation
Recital 12
Recital 12
(12) With regard to rules on wholesale charges, regulatory obligations at Union level should be maintained since any measure that enables RLAH across the Union without addressing the level of the wholesale costs associated with providing these services could risk disrupting the internal market for roaming services and would not encourage more competition, which is very much necessary for the telecommunications market, especially for new entrants, technologically innovative service models, SMEs and start-ups.
Amendment 44 #
Proposal for a regulation
Recital 18
Recital 18
(18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be substantially lowered.
Amendment 55 #
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EU) No 531/2012
Article 3 – paragraph 2
Article 3 – paragraph 2
(-1) In Article 3, paragraph 2 is replaced by the following: "2. Mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R0531&rid=1)after applying for authorisation from their national regulatory authority, on the basis of objective criteria. The application shall be made available to the public." Or. en
Amendment 57 #
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EU) No 531/2012
Article 3 – paragraph 6
Article 3 – paragraph 6
(1a) In Article 3, paragraph 6 is replaced by the following "6. The reference offer referred to in paragraph 5 shall be sufficiently detailed and shall include all components necessary for wholesale roaming access as referred to in paragraph 3, providing a description of the offerings relevant for direct wholesale roaming access and wholesale roaming resale access, and the associated terms and conditions. That reference offer may include conditions to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the Union. If necessary, national regulatory authorities shall impose changes to reference offers to give effect to obligations laid down in this Article." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R0531&rid=1) Operators seeking wholesale roaming access shall be able to file complaints with the national regulatory authorities. The national regulatory authorities shall answer such complaints within one month of receipt, justifying the decision adopted. The complaint and the corresponding decision shall be notified to BEREC and made accessible to the public." Or. en
Amendment 58 #
Proposal for a regulation
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Regulation (EU) No 531/2012
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 68 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EU) No 531/2012
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0425 per minute as of 15 June 2017, shall, on 1 July 2019, decrease to 0.02 per minute and shall, without prejudice to Article 19, remain at EUR 0.042 until 30 June 2022
Amendment 78 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EU) No 531/2012
Article 7 – paragraph 3
Article 7 – paragraph 3
(2a) In Article 7, paragraph 3 is replaced by the following: "3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per-second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R0531&rid=1)." Or. en
Amendment 89 #
Proposal for a regulation
Article 1 –point 4
Article 1 –point 4
Regulation (EU) No 531/2012
Article 12 – paragraph 1
Article 12 – paragraph 1
1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.0085 per me4 per gigabyte of data transmitted. The safeguard limit shall, on 1 July 2018, decrease to EUR 3 per gigabyte of data transmitted, on 1 July 2019 to EUR 2 per gigabyte of data transmitted, on 1 July 2020 to EUR 1.5 per gigabyte of data transmitted, and on 1 July 2021 to EUR 1 per gigabyte of data transmitted. It shall, without prejudice to Article 19, remain at EUR 0.00851 per megigabyte of data transmitted until 30 June 2022.
Amendment 113 #
Proposal for a regulation
Article 1 – point 6 – point a a (new)
Article 1 – point 6 – point a a (new)
Regulation (EU) No 531/2012
Article 19 – paragraph 3 – point c a (new)
Article 19 – paragraph 3 – point c a (new)
Amendment 116 #
Proposal for a regulation
Article 1 – point 6 – point a b (new)
Article 1 – point 6 – point a b (new)
Regulation (EU) No 531/2012
Article 19 – paragraph 3 – point c b (new)
Article 19 – paragraph 3 – point c b (new)