114 Amendments of Edouard MARTIN related to 2016/0288(COD)
Amendment 153 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States must, in the interests of media pluralism, cultural diversity and active and informed citizenship, be able to guarantee universal public access to a wide range of high- quality information and content supplied by media service providers, irrespective of developments in media distribution systems and related commercial models.
Amendment 154 #
Proposal for a directive
Recital 7 a (new)
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.
Amendment 167 #
Proposal for a directive
Recital 13
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 buildingpremises, 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.
Amendment 233 #
Proposal for a directive
Recital 139
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.
Amendment 240 #
Proposal for a directive
Recital 139 a (new)
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.
Amendment 262 #
Proposal for a directive
Recital 175
Recital 175
Amendment 274 #
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements 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.
Amendment 289 #
(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.Does not affect the English version.)
Amendment 291 #
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels, audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, such as media pluralism and cultural diversity. Such requirements should include high-quality reception of the specified services. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration. 'Must carry' obligations must be laid down independently and must in no way undermine the right of holders of copyright and related rights to fair remuneration for the use of their protected works on the network concerned.
Amendment 292 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcast'Must carry' obligations should be applied in a technologically neutral fashion while taking account of ongoing changes to media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio broadcasts or 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 a significant number of end- users use such networks as their principal means to receive radio and television broadcastthem to receive radio broadcasts and audiovisual media services. In this context, the criteria used to determine what constitutes 'a significant number of end-users' should take account of, among others things, technological developments and the 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 ensure that end-users can access connected TV services, which can include audiovisual media services, radio and audio services and interactive services offering applications, games, voting facilities, clips, text, images, illustrations and graphics.
Amendment 294 #
Proposal for a directive
Recital 270
Recital 270
(270) NetworkMust-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 broadcastaudiovisual 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 broadcastto 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.
Amendment 295 #
Proposal for a directive
Recital 270 a (new)
Recital 270 a (new)
(270a) 'Electronic programme guide' should be regarded as a dynamic concept in view of the ongoing changes to technologies and presentation and navigation tools deployed on the networks used to distribute radio broadcasts, audiovisual media services and connected TV services. Developments in those services should also be taken into account.
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly 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 similarat 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.
Amendment 312 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving locationpremises or which is capable of delivering under usual peak-time conditions at least similar 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.
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
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;
Amendment 339 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
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.
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
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.
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 2 – point a
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;
Amendment 369 #
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 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.
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 3 – point f a (new)
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.
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall cooperate through the Radio Spectrum Policy Group, established by Commission Decision 2002/622/EC, with each other and with the Commission, and upon their request with the European Parliament and the Council, in support of the strategic planning and coordination of radio spectrum policy approaches in the Union. Where regulatory or competitive dimensions arise in the determination of spectrum policy issues, BEREC shall be associated.
Amendment 396 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6
Article 5 – paragraph 1 – subparagraph 2 – indent 6
- ensuring consumer protection and end-user rights in the electronic communications sector within the remit of their competences under the sectorial regulation, and cooperating with relevant competent authorities wherever applicable;
Amendment 397 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
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
Amendment 401 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealingensuring compliance with issurules related to open internet access;
Amendment 414 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that national regulatory authorities take utmost account of opinions and, common positions or decisions adopted by BEREC when adopting their own decisions for their national markets.
Amendment 425 #
Proposal for a directive
Article 19 – paragraph 2
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 215 year minimum duration, based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination.
Amendment 428 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Any intention to restrict or withdraw authorisations or individual rights of use for radio spectrum or numbers without the consent of the right holder shall be subject to a public consultation in accordance with Article 23.
Amendment 440 #
Proposal for a directive
Article 20 – paragraph 3
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.
Amendment 449 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
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 Articles 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
Amendment 463 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
This forecast 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 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 request undertakings to provide relevant information regarding planned deployments of such networks based on the best information available to them.
Amendment 468 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3
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.
Amendment 502 #
Proposal for a directive
Article 28 – paragraph 2 – introductory part
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:
Amendment 506 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Any Member State concerned as well as the Commission may request the Radio Spectrum Policy Group to use its good offices and, where appropriate, to propose a coordinated solution in an opinion, in order to assist Member States in complying with paragraphs 1 and 2.
Amendment 516 #
Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
and would affect trade between Member States, and the Commission or BEREC 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 or BEREC shall inform other national regulatory authorities of its reservations in such a case.
Amendment 517 #
Proposal for a directive
Article 32 – paragraph 5 – subparagraph 1 – introductory part
Article 32 – paragraph 5 – subparagraph 1 – introductory part
Within the two-month period referred to in paragraph 4, the Commission or BEREC may:
Amendment 518 #
Proposal for a directive
Article 32 – paragraph 5 – subparagraph 2
Article 32 – paragraph 5 – subparagraph 2
The Commission shall take utmost account of the opinion of BEREC before issuing a decision, and vice versa. The decision shall be accompanied by a detailed and objective analysis of why the Commission or BEREC considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure.
Amendment 520 #
Proposal for a directive
Article 32 – paragraph 6
Article 32 – paragraph 6
6. Where the Commission or BEREC has adopted a decision in accordance with paragraph 5, requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure within six months of the date of the Commission's or BEREC's decision. When the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 23, and shall re-notify the amended draft measure to the Commission and BEREC in accordance with the provisions of paragraph 3.
Amendment 521 #
Proposal for a directive
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BEREC and the Commission and may, except in cases covered by paragraphs 4 and 5(a), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission and BEREC.
Amendment 524 #
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Where an intended measure covered by Article 32(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 65 in conjunction with Article 59 and Articles 67 to 74, the Commission or BEREC may, within the period of one month provided for by Article 32(3), notify the national regulatory authority concerned and BEREC (or the Commission) of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Union law. In such a case, the draft measure shall not be adopted for a further three months following the Commission's or BEREC's notification.
Amendment 525 #
Proposal for a directive
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3 a. In the case of a notification by BEREC, within six weeks from the beginning of the three month period referred to in paragraph 1, the Commission shall issue an opinion the abovementioned notification, 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.
Amendment 526 #
Proposal for a directive
Article 33 – paragraph 4 – introductory part
Article 33 – paragraph 4 – introductory part
4. If in its opinion, BEREC shares the serious doubts of the Commissthe Commission and BEREC concur in their opinions, ithey shall cooperate closely with the national regulatory authority concerned to identify the most appropriate and effective measure. Before the end of the three month period referred in paragraph 1, the national regulatory authority may:
Amendment 527 #
Proposal for a directive
Article 33 – paragraph 4 – point a
Article 33 – paragraph 4 – point a
(a) amend or withdraw its draft measure taking utmost account of the Commission's or BEREC's notification referred to in paragraph 1 and of the Commission's and BEREC's opinions and advice;
Amendment 528 #
Proposal for a directive
Article 33 – paragraph 5 – introductory part
Article 33 – paragraph 5 – introductory part
5. The Commission or BEREC may, within one month following the end of the three month period referred to in paragraph 1 and taking utmost account of the opinion of BEREC (or of the Commission in the reverse situation) if any:
Amendment 533 #
Proposal for a directive
Article 33 – paragraph 5 – point c
Article 33 – paragraph 5 – point c
(c) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, where BEREC shares the serious doubts of the Commissionboth the Commission and BEREC still oppose the draft measure. The decision shall be accompanied by a detailed and objective analysis of why the Commission and BEREC considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure. In this case, the procedure referred to in Article 32 (6) shall apply mutatis mutandis.
Amendment 535 #
Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Within one month of the Commission or BEREC 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 the Commission and BEREC the adopted final measure.
Amendment 583 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States may allow the competent authority to impose fees for the rights of use for radio spectrum or rights to install facilities on, over or under public or private property that are used for the provision of electronic communications services or networks and associated facilities which ensure the optimal use of these resources. Member States shall ensure that such fees shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose and; they shall take into account the objectives in Articles 3, 4 and 45(2), as well as:abide by the spectrum management rules of Article 45.
Amendment 584 #
Proposal for a directive
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
Amendment 585 #
Proposal for a directive
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
Amendment 586 #
Proposal for a directive
Article 42 – paragraph 1 – point c
Article 42 – paragraph 1 – point c
Amendment 588 #
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Member States shall ensure that reserve prices established as minimum fees for rights of use for radio spectrum reflect the additional costs entailed by conditions attached to these rights in pursuit of the objectives under Articles 3, 4 and 45(2)rules under Article 45, such as coverage obligations that would fall outside normal commercial standards, in accordance with paragraph 1.
Amendment 589 #
Proposal for a directive
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall apply payment modalities linked to the actual availability of the radio spectrum in question, which do not unduly burden any additionaltimely investments in networks and associated facilities necessary for the efficient use of the radio spectrum and the provision of related services.
Amendment 605 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 3
Article 45 – paragraph 2 – subparagraph 3
Where the Commission is considering acting to provide for measures in accordance with Article 39, it mayshall 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.
Amendment 606 #
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
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 .../2017/EU concerning 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:
Amendment 607 #
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
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:
Amendment 612 #
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States mayshall, 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 necessaryin order to:
Amendment 621 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1
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.
Amendment 625 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 666 #
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 215 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands, and subject to the provisions of Article 19 and 30. Where the rights of use duration goes beyond 15 years, a mid-term assessment shall be convened after 10 years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States pursuant to this assessment if such allocation prevents: - ensuring the 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.
Amendment 689 #
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 accesspassive or active network sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;
Amendment 693 #
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, or, if appropriate, to exceptional situations in national markets;
Amendment 717 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
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, media pluralism, cultural diversity, 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.
Amendment 726 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
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 broadcastingradio broadcasting and audiovisual media services as well as 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.
Amendment 745 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the firsta concentration or distribution point where that point is located outside the buildingas close as possible to end-users, 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 to such network elements and to associated facilities and services, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Amendment 756 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
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, 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 barriersmentioned in the first subparagraph where such network elements would be economically unviable or physically impossible to replicatione in areas with lower population density.
Amendment 759 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Amendment 771 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
(a) the existence of a viable and similar alternative means of access to end- users is made available to any undertaking, provided that the 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
Amendment 773 #
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 781 #
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 impact of granting of that access would compromiseon the economic or financial viability of their deployment.
Amendment 782 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b a (new)
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.
Amendment 791 #
Proposal for a directive
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Conditions applied in accordance with this Article and with Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and similaother listing and navigation facilities.
Amendment 796 #
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 800 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 b (new)
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.
Amendment 802 #
Proposal for a directive
Article 62 – paragraph 2
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.
Amendment 874 #
Proposal for a directive
Article 70 – title
Article 70 – title
Access to civil engineering and to entire and shared physical network elements
Amendment 876 #
Proposal for a directive
Article 70 – paragraph 1
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 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 fibre 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 fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 889 #
Proposal for a directive
Article 70 – paragraph 1 a (new)
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.
Amendment 902 #
Proposal for a directive
Article 71 – title
Article 71 – title
Obligations of access to, and use of, specific network facilitieentire and shared physical network elements
Amendment 905 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Amendment 912 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Amendment 919 #
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 specifiedobligations 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
Amendment 923 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
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;
Amendment 924 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b
Article 71 – paragraph 1 – subparagraph 2 – point b
Amendment 925 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c
Article 71 – paragraph 1 – subparagraph 2 – point c
Amendment 930 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
Article 71 – paragraph 1 – subparagraph 2 – point d
Amendment 932 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e
Article 71 – paragraph 1 – subparagraph 2 – point e
Amendment 933 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
Amendment 935 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g
Article 71 – paragraph 1 – subparagraph 2 – point g
Amendment 936 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h
Article 71 – paragraph 1 – subparagraph 2 – point h
Amendment 937 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i
Article 71 – paragraph 1 – subparagraph 2 – point i
Amendment 938 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3
Article 71 – paragraph 1 – subparagraph 3
Amendment 943 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
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.
Amendment 948 #
Proposal for a directive
Article 71 – paragraph 2 – point a
Article 71 – paragraph 2 – point a
Amendment 949 #
Proposal for a directive
Article 71 – paragraph 2 – point b
Article 71 – paragraph 2 – point b
Amendment 953 #
Proposal for a directive
Article 71 – paragraph 2 – point c
Article 71 – paragraph 2 – point c
Amendment 954 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
Amendment 959 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
Amendment 967 #
Proposal for a directive
Article 71 – paragraph 2 – point f
Article 71 – paragraph 2 – point f
Amendment 968 #
Proposal for a directive
Article 71 – paragraph 2 – point g
Article 71 – paragraph 2 – point g
Amendment 972 #
Proposal for a directive
Article 71 – paragraph 3
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 opgiving considerational 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.
Amendment 984 #
Proposal for a directive
Article 72 a (new)
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.
Amendment 986 #
Proposal for a directive
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
Where a national regulatory authority imposes obligations relating to cost recovery and price controls on operators designated as having significant market power on a market for wholesale voice call termination, it shall set maximum symmetric termination rates based on the costs incurred by an efficient operator. The evaluation of efficient costs shall be based on current cost values. The cost methodology to calculate efficient costs shall be based on a bottom-up modelling approach using long-run incremental traffic-related costs of providing the wholesale voice call termination service to third parties.
Amendment 1005 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part
Article 74 – paragraph 1 – subparagraph 1 – introductory part
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 national regulatory authority concludes that the following cumulative conditions are met:
Amendment 1017 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open tothe subject of a co-investment offersagreement 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;
Amendment 1033 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offterms and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offterms and processes comply with the criteria set out in Annex IV.
Amendment 1088 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1089 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 1090 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channelradio broadcast channels, audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services andand ensuring end-user access to connected TV services and to the services specified in electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels and audiovisual media services to the public where a significant number of end- users of such networks use them as their principal meansand services use them to receive radio and television broadcast channels 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.
Amendment 1092 #
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by means of a legal provision, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 1101 #
Proposal for a directive
Annex I – part A – point 7
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)
Amendment 1102 #
Proposal for a directive
Annex I – part B – point 6 a (new)
Annex I – part B – point 6 a (new)
6 a. Conditions of a re-assessment of rights of use when their duration goes beyond the minimum defined in this Directive.
Amendment 1105 #
Proposal for a directive
Annex II – part 2 – point b
Annex II – part 2 – point b
(b) Access to electronic programme guides (EPGs), including for information enabling end-user access to connected television services.
Amendment 1144 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) (12) audiovisual media services
Amendment 1150 #
Proposal for a directive
Annex X – subheading1
Annex X – subheading1
Amendment 1151 #
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)
2a. Radio reception interoperability