20 Amendments of Bill NEWTON DUNN related to 2007/0247(COD)
Amendment 21 #
Proposal for a directive – amending act
Recital 31
Recital 31
(31) It is necessary to strengthen the powers of the Member States vis-à-vis holders of rights of way to ensure the entry or roll out of new network in an environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. National regulatory authorities should be able to impose, on a case-by-case basis, the sharing of ducts, masts, and antennas, the entry into buildings and a better coordination of civil works, where there is a regulatory bottleneck to infrastructure competition. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings.
Amendment 23 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market where industry-led self-regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. Where technical implementing measures are deemed necessary, a cost reimbursement scheme at national level is required. The Authority should contribute to the harmonization of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 58 #
Proposal for a directive – amending act
Recital 31
Recital 31
(31) It is necessary to strengthen the powers of the Member States vis-à-vis holders of rights of way to ensure the entry or roll out of new network in an environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. National regulatory authorities should be able to impose, on a case-by-case basis, the sharing of ducts, masts, and antennas, the entry into buildings and a better coordination of civil works, where there is a regulatory bottleneck in infrastructure competition. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings.
Amendment 60 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market where industry-led self-regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. Where technical implementing measures are deemed necessary, a cost reimbursement scheme at national level is required. The Authority should contribute to the harmonization of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 63 #
Proposal for a directive – amending act
Article 1 − point 13
Article 1 − point 13
Directive 2002/21/EC
Article 12 − paragraph 3
Article 12 − paragraph 3
3. Measures taken by a national regulatory authority in accordance with paragraph 1 shall be objective, transparent, and proportionatenon- discriminatory and proportionate and undertaken in accordance with the procedure laid down in Article 7a(4) of Directive 2002/21/EC.
Amendment 65 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13a − paragraph 2
Article 13a − paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all necessaryppropriate steps to ensure the integrity of their networks so as to ensure the continuity of supply of services provided over those networks. Member States shall ensure that national regulatory authorities regularly consult with undertakings in order to ensure appropriate steps have been taken to ensure security or integrity.
Amendment 66 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13a − paragraph 3 – subparagraph 1
Article 13a − paragraph 3 – subparagraph 1
Member States shall ensure, where appropriate, that undertakings providing public communications networks or publicly available electronic communications services notify the national regulatory authority of any serious breach of security or integrity that had a significant impact on the operation of networks or services.
Amendment 67 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13a − paragraph 3 – subparagraph 2
Article 13a − paragraph 3 – subparagraph 2
Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public.
Amendment 68 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13a − paragraph 3 – subparagraph 3
Article 13a − paragraph 3 – subparagraph 3
Every three monthsyear, the national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 70 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13a − paragraph 4 − subparagraph 2
Article 13a − paragraph 4 − subparagraph 2
These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 22(3) where industry- led self-regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 71 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13b − paragraph 2 – introductory part
Article 13b − paragraph 2 – introductory part
2. Member States shall ensure that national regulatory authorities, where appropriate, have the power to require undertakings providing public communications networks or publicly available electronic communications services to:
Amendment 72 #
Proposal for a directive – amending act
Article 1 − point 14
Article 1 − point 14
Directive 2002/21/EC
Article 13b − paragraph 3 a (new)
Article 13b − paragraph 3 a (new)
3a. Member States shall ensure that a cost reimbursement scheme is made available to undertakings providing public communications networks or publicly available electronic communications services where the Commission adopts technical implementing measures under Article 13a(4).
Amendment 75 #
Proposal for a directive – amending act
Article 1 - point 13
Article 1 - point 13
Directive 2002/21/EC (Framework Directive)
Article 12 - paragraph 3
Article 12 - paragraph 3
3. Measures taken by a national regulatory authority in accordance with paragraph 1 shall be objective, transparent, and proportionatnon- discriminatory and proportionate and undertaken in accordance with the procedure laid out in article 7a (4) of Directive 2002/21/EC Framework Directive.
Amendment 77 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13a - paragraph 2
Article 13a - paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all necessaryppropriate steps to ensure the integrity of their networks so as to ensure the continuity of supply of services provided over those networks. Member States shall ensure that national regulatory authorities regularly consult with undertakings in order to ensure that appropriate steps have been taken to ensure security or integrity.
Amendment 79 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13a - paragraph 3
Article 13a - paragraph 3
3. Member States shall ensure, where appropriate, that undertakings providing public communications networks or publicly available electronic communications services notify the national regulatory authority of any serious breach of security or integrity that had a significant impact on the operation of networks or services. Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public. Every three monthsEvery year, the national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph. National regulatory authorities shall determine the definition of “serious breach” in consultation with electronic communication service providers.
Amendment 81 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13a - paragraph 4
Article 13a - paragraph 4
Amendment 82 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13b - paragraph 2 - introductory wording
Article 13b - paragraph 2 - introductory wording
2. Member States shall ensure that national regulatory authorities, where appropriate, have the power to require undertakings providing public communications networks or publicly available electronic communications services to:
Amendment 83 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13b - paragraph 4 a (new)
Article 13b - paragraph 4 a (new)
4a. Member States shall ensure that a cost reimbursement scheme is made available to undertakings providing public communications networks or publicly available electronic communications services where the Commission adopts technical implementing measures under 13a(4).
Amendment 87 #
Proposal for a directive – amending act
ANNEX I - point 3 - point g
ANNEX I - point 3 - point g
Directive 2002/20/EC (Authorisation Directive)
Annex - Part A- point 19
Annex - Part A- point 19
Amendment 92 #
Proposal for a directive – amending act
Annex I – point 3 – point g
Annex I – point 3 – point g
Directive 2002/20/EC
Annex I – Part A – point 19
Annex I – Part A – point 19