7 Amendments of Fredrick FEDERLEY related to 2015/0284(COD)
Amendment 59 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money including the payment of a mandatory fee such as a broadcasting fee. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly or indirectly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider.
Amendment 64 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member Statea robust and secure electronic mean of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentictification, in particular the notified eIDs in accordance with the eIDAS regulation, should be relied upon, if ithey enables the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 76 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower to the extent that it does not discriminate on the basis of place of residence. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 82 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to requires that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means leave room for service providers to innovate with the online means of authentication they provide to consumers to subscribe and access online content, are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary tTechnical and organisational measures may include sampling of IP addressshould be based on electronic means of identification at the time of subscription instead of constant monitoring of location, on transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required. The subscriber should be able to access the information on the Member state of residence verified and registered at the time of subscription.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 1
Article 2 – paragraph 1 – point e – subparagraph 2 – point 1
(1) against payment of money including a mandatory fee such as a broadcasting licence fee;; or
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscriber's Member State of residence is verified by the provider on the basis of electronic identification means, in particular notified eIDs in accordance with Regulation (EU) No 910/2014;
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2