37 Amendments of Fulvio MARTUSCIELLO related to 2016/0288(COD)
Amendment 264 #
Proposal for a directive
Recital 175
Recital 175
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory, the Commission and other competent authorities as well as BEREC shall pursue each and all of the general objective listed below:
Amendment 370 #
Proposal for a directive
Article 3 – paragraph 2 – point d
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 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.
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) applying EU law in a technologically neutral fashion, to the extent that this is consistent with the achievement of the objectives of paragraph 1;
Amendment 383 #
Proposal for a directive
Article 3 – paragraph 3 – point f
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 retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.
Amendment 540 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e
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;
Amendment 647 #
Proposal for a directive
Article 46 – paragraph 2
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 promoting competition are clearly set out and concretely specified in the acts of authorisationzation. Such rules shall include fair and non-discriminatory wholesale access conditions for MVNOs.
Amendment 653 #
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Competent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum in accordance with Article 13(1) in such a way as to ensure the most effective and efficient use of radio spectrum by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to which an individual right or part thereof has been traded or leased. They shall promote competition by clearly defineing any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the implementation of those conditions in line with Article 30. Conditions attached to renewals of right of use for radio spectrum may not provide undue advantages to existing holders of those rights.
Amendment 654 #
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorisimpose where appropriate the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or they may authorize 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 or 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.
Amendment 660 #
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Without prejudice to specific criteria and procedures adopted by Member States to grant rights of use for radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Union law, the rights of use for radio spectrum shall be granted through open, objective, pro- competitive, transparent, non- discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 45.
Amendment 680 #
Proposal for a directive
Article 50 – paragraph 2 – point d
Article 50 – paragraph 2 – point d
(d) the need to promote, or avoid any distortion of, competition in line with Article 52 by ensuring that new entrants can benefit from a redistribution of the spectrum as appropriate;
Amendment 682 #
Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2
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 54s 52 and 54. By doing so, the authority shall ensure that any new entrant can effectively benefit from a redistribution of the spectrum.
Amendment 688 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part
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 mayshall take appropriate measures such as:
Amendment 690 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point a
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 accessnetwork facility sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;
Amendment 692 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b
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;
Amendment 746 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shallmay impose obligations upon reasonable request to grant access to wiring and cables inside residential buildings or up to the first concentration or distribution point where that point is located outside the residential building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Amendment 761 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular but not exclusively:
Amendment 774 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
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 undertakingprovided by the network operator and suitable for the provision of very high capacity networks, provided that thesuch 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
Amendment 776 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b
Article 59 – paragraph 2 – subparagraph 3 – point b
(b) in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment; or 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.
Amendment 787 #
Proposal for a directive
Article 59 – paragraph 3 – subparagraph 1 – introductory part
Article 59 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networkswhich have been granted individual rights of use for radio spectrum, obligations in relation to the sharing of passive or active infrastructure, and obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,
Amendment 788 #
Proposal for a directive
Article 59 – paragraph 3 – subparagraph 3
Article 59 – paragraph 3 – subparagraph 3
Such sharing, access or coordination obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.
Amendment 798 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)
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.
Amendment 822 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existence of market developments which may increase the likelihood of the relevant markea market structure which does not tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably within the relevant time horizon;
Amendment 828 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retail 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;
Amendment 842 #
Proposal for a directive
Article 65 – paragraph 4
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 any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings 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.
Amendment 856 #
Proposal for a directive
Article 66 – paragraph 4
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 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.
Amendment 863 #
Proposal for a directive
Article 66 – paragraph 6
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.
Amendment 873 #
Proposal for a directive
Article 70 – title
Article 70 – title
Access to civil engineering and to entire and shared physical network elements
Amendment 879 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, : a.impose obligations on operators 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 fiber loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interesttallic local loop and sub-loop as well as shared access to fibred loops and fiber terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 904 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Only where 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 would not be in the end-user's interest.:
Amendment 915 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified network elements and/or 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 loopon-physical network elements including active services;
Amendment 926 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) to provide specified services on a wholesale basis for resale by third parties;
Amendment 942 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. When 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 assessment 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:
Amendment 951 #
Proposal for a directive
Article 71 – paragraph 2 – point b
Article 71 – paragraph 2 – point b
(b) the expected technological evolution affecting network design and management
Amendment 955 #
Proposal for a directive
Article 71 – paragraph 2 – point d
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;
Amendment 964 #
Proposal for a directive
Article 71 – paragraph 2 – point e
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;
Amendment 1004 #
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1