39 Amendments of Erika MANN related to 2007/0247(COD)
Amendment 94 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) The objective of the EU regulatory framework for electronic communications is to create a sustainable and internationally competitive “ecosystem” for electronic communications, based on effectively competitive product or service markets and effective competition between alternative electronic communications access networks with the goal of increasing information society developments. A sustainable environment for competition and investment in the electronic communications sector relies both on incentives for new infrastructure investment and sound and proportional regulation together with a gradual phase- out of sector specific ex-ante regulation and the transition to competition law.
Amendment 102 #
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) Next generation networks have enormous potential to deliver benefits to consumers across the European Union and to strengthen European international competitiveness vis-à-vis other economies of the world. It is, therefore, vital that sustainable investment into these networks is not being impeded by prolongation of regulatory regimes which have aimed at providing access to existing legacy networks and that investment- incentives being provided while boosting competition and consumer choice.
Amendment 106 #
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to achieve the goals of the Lisbon agenda and to boost investment into next generation access networks (NGA-networks) in Europe for the benefit of European consumers and the international competitiveness of Europe’s industry, a new regulatory regime for access to NGA-networks is essential and necessary. The goal of this new regime is to provide incentives for investment into NGA-networks and supporting competition where infrastructure competition does not exist. Due to the fact that market power in downstream emerging markets is difficult to grasp, the NGA-network access regime (NNAR) laid down in Article 12(3) and Article 13(4) and (6) of the Access Directive focuses on infrastructure competition and not on competition in downstream markets alone. This concept reflects dynamic developments in new access opportunities in the field of electronic communications. Thus the NGA-network access regime (NNAR) as such has to introduce dynamic elements and has to promote developments in next generation networks as well as in downstream electronic communications markets. It aims at giving the right incentives for all market players to innovate and to invest in new access networks and in new downstream markets.
Amendment 114 #
Recital 14 a (new)
(14a)Investments in new and enhanced access infrastructures are often characterised by substantial capital requirements, demand uncertainty and a long economic lifecycle, leading to higher investment risks. Directives 2002/21/EC and 2002/19/EC should support a regulatory approach which stimulates investments in such infrastructures, by allowing national regulatory authorities to set the terms and conditions for access to the newly built infrastructure over successive review periods for as long as significant market power is present in the market in order to provide planning certainty for all operators, by allowing fair risk sharing arrangements between the investor and access seekers to provide a level playing field for the initial investor and operators benefiting from access to the new infrastructure, and by supporting market-oriented pricing mechanisms, providing a sufficient degree of flexibility to set different prices for different products and product qualities, reflecting the value of the product and/or service for the consumer.
Amendment 117 #
Proposal for a directive – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) The sector specific ex-ante rules have been introduced to serve the transition from former monopolies into competitive markets for electronic communications networks and services. In a period when incumbents controlled access to monopolistic networks ex ante regulation was justified unless the problems could by solved by competition law alone. But with investment into new networks – cable networks and next generation networks – the need for ex- ante regulation will be less justified. Where access seekers have the choice between two or more access networks ex-ante regulation is no longer justified. This phase-out concept should no longer focus on effective competition in downstream markets for electronic communications service markets but on the existence of infrastructure competition (infrastructure test). If according to this test infrastructure competition exists, sector specific ex-ante regulation should not be continued and Community and national competition law should solely be applied without taking recourse to the three criteria test, which focuses on competition in downstream markets and the choice between ex-ante regulation and competition law. The infrastructure test should apply not only to national markets but to sub-national markets in such geographic areas where infrastructure competition is feasible. National Regulatory Authorities should define such geographic sub-national markets taking into account economic feasibility of network competition.
Amendment 118 #
Proposal for a directive – amending act
Recital 10 b (new)
Recital 10 b (new)
(10b) Whilst the current access regime for existing legacy networks has focused on the transition from monopolistic downstream markets to markets with effective competition and to a lesser degree on promoting infrastructure based competition, a new access regime for next generation access networks (NGA- networks) is required. Such networks will only come into existence if investors are willing to engage in risky investments. Risks for such investments are stemming from the fact that consumers’ preferences and their willingness to pay higher prices for new innovative products are uncertain. Moreover, the access regime for NGA-networks has an impact on that risk as well. Thus, a new access regime for NGA-networks (NNAR) has to be introduced, which provides incentives for investment into new networks. The new regulatory environment for such networks has to be predictable and sustainable. It should promote infrastructure competition, enable competitive advantages to be derived from infrastructure investment and allow for access options for access seekers and thereby, enhance choices and improve services for consumers.
Amendment 119 #
Recital 14 b (new)
Amendment 119 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) The Community mechanism allowing the Commission to require national regulatory authorities to withdraw planned measures concerning market definition and the designation of operators having significant market power has contributed significantly to a consistent approach in identifying the circumstances in which ex- ante regulation may be applied and the operators are subject to such regulation. However, there is no equivalent mechanism for the remedies to be applied. Monitoring of the market by the Commission and, in particular, the experience with the procedure under Article 7 of the Framework Directive, has shown that inconsistencies in the national regulatory authorities' application of remedies, even under similar market conditions, undermine the internal market in electronic communications, do not ensure a level playing field between operators established in different Member States, and prevent the realisation of consumer benefits from cross-border competition and services. The Commission should be given powers to require national regulatory authorities to withdraw draft measures on the remedies chosen by national regulatory authorities. In order to ensure the consistent application of the regulatory framework in the Community, the Commission should consult the Authority prior to its decision.
Amendment 120 #
Proposal for a directive – amending act
Recital 11 a (new)
Recital 11 a (new)
(11a) National communication markets will continue to differ within the European Union; the competencies and knowledge of the National regulatory authorities and BERT are essential in building a competitive European ecosystem in communication markets and services while understanding national and regional differences and respecting the requirements of subsidiarity;
Amendment 121 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Likewise, in view of the need to avoid a regulatory vacuum in a sector characterised by its fast-moving nature, if adoption of the re-notified draft measure would still create a barrier to the single market or be incompatible with Community law, the Commission, after having consulted the Authority, should be able to require the national regulatory authority concernThe review should reflect economic market analysis based on competition law methodology. The aim is to reduce ex- ante sector specific regulation progressively as competition in the market develops. However, ex-ante regulation may continue to be required because of new entry barriers arising as a result of technological development. It may well be the case that competition develops at different speeds in different market segments and in different areas within Member States. In order to ensure that regulation is proportional and adapted to the different competitive conditions, national regulatory authorities should remove regulatory obligations in those markets and/or geographic areas, even if they are not defined as separate markets, where there is infrastructure competition, or it is prospectively expected. In order to ensure that market players in similar circumstances are treated in fair and similar ways in different Member States, the Commission in co-operation with BERT should ensure a harmonised and consistent application of the provisions of this Directive. National regulatory authorities and national authorities entrusted with the implementation of competition law should, where appropriate, coordinate their actions to ensure that the most appropriate remedy is applied. The Community and its Member States have entered into impose a specific remedy within a specified time. commitments on interconnection of telecommunications networks in the context of the World Trade Organisation agreement on basic telecommunications and these commitments must be respected as well.
Amendment 132 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Recommends holding a spectrum- summit in 2010 driven by Member States, including the European Parliament, European Commission and all stakeholders. The outcome of this summit should be to achieve clarification in the following areas: a) greater consistency in European spectrum policies in general; b) freeing spectrum for new communication services once the digital switchover takes place; c) clarification with regard to difficulties in specific sectors or for specific frequency bandwidth during the switchover period.
Amendment 137 #
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability through the continuity of remedies over successive review periods as appropriate;
Amendment 139 #
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point d
Article 8 – paragraph 5 – point d
(d) promoting efficient investment and innovation in new and enhanced infrastructures including by taking into account investment risksensuring that the conditions of access to facilities take appropriate account of the risk incurred by the investing undertakings, by encouraging, when and where appropriate, sharing of risks between investors and between investors and access seekers, and by allowing pricing flexibility;
Amendment 153 #
Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, Nnational regulatory authorities shall take into account the investment made by the operator, andby allowing him a reasonable rate of return on adequate capital employed, taking into account the risks involved and by allowing arrangements for an appropriate sharing of risk between the investor and those undertakings enjoying access to new and enhanced access infrastructures, including by long- term risk sharing contracts. Access pricing shall be sufficiently flexible, taking into account inter alia differentiated product quality levels.
Amendment 157 #
Article 2 – point a a (new)
Directive 2002/19/EC
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
(aa) paragraph 4a shall be inserted: "The application of margin squeeze tests shall not hamper the development of new markets and infrastructures. To this end NRAs shall take into account the conditions of the infrastructure investment and take conditions for long term risk sharing contracts as the reference when applying the test."
Amendment 167 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation hasmay have the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure to achieve effective non-discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 197 #
Proposal for a directive – amending act
Recital 58 a (new)
Recital 58 a (new)
(58a) The Commission should monitor the developments of infrastructure competition in the electronic communications sector in co-operation with BERT. A review of sector specific ex- ante regulation should be undertaken by the Commission in January 2014 in order to evaluate the phase-out process of such regulation together with a concept of perpetuating such regulation in Member States and sub-national markets in which infrastructure competition will not yet be feasible.
Amendment 229 #
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 3a (new)
Article 3 – paragraph 3a (new)
(3a) In Article 3, the following paragraph is added: "3a. Member States shall ensure that the goals of BERT in promoting greater regulatory coordination and coherence are actively supported by the responsible national regulatory authorities. Member States shall ensure that national regulatory authorities have adequate financial and human resources to carry out the tasks assigned to them and to enable them to actively participate in and contribute to BERT. National regulatory authorities must have separate annual budgets and budgets shall be made public."
Amendment 230 #
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2002/21/EC
Article 3 – paragraph 3b (new)
Article 3 – paragraph 3b (new)
(3b) In Article 3, the following paragraph is added: "3b.) Member States shall ensure that NRAs take utmost account of common positions issued by BERT when adopting their own decisions for their home markets."
Amendment 246 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. National regulatory authorities shall contribute to the development of the Iinternal Mmarket by working with the Commission and the Authority so ascooperating with each other within BERT and with the Commission in a transparent manner in order to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular work with the Commission and the authority to identifynational regulatory authorities shall adopt common positions on the types of instruments and remedies best suited to address particular types of situations in thecompetition problems in the relevant marketplaces.
Amendment 251 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Except where otherwise provided in implementing provisions adopted pursuant to Article 7a, upon completion ofIn addition to the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which:
Amendment 253 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
it shall at the same time make the draft measure accessible to the Commission, the Authority, and the national regulatory authorities in other Member States and BERT, together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission and other national regulatory authorities thereof. National regulatory authorities, BERT, and the Commission may make comments to the national regulatory authority concerned only within one month or within the period referred to in Article 6 if that period is longer. The one-month period may not be extended.
Amendment 258 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 259 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 266 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 271 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BERT, and the Commission and may, except in cases covered by paragraph 4, adopt the resulting draft measure and, where it does so, shall communicate it to the Commission. Any other national body exercising functions under this Directive or the Specific Directives shall also take the utmost account of the comments of the Commission.
Amendment 278 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The national regulatory authority shall communicate to the Commission all final measures which fall under conditions a) and b) in Article 7(3).
Amendment 291 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
Amendment 307 #
Proposal for a directive – amending act
Article 1 – point 8 – point c a (new)
Article 1 – point 8 – point c a (new)
Directives 2002/21/EC
Article 8 – paragraph 3a (new)
Article 8 – paragraph 3a (new)
Amendment 327 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands openavailable to electronic communication services in accordance with their national frequency allocation tables and the ITU Radio Regulations.
Amendment 340 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequenciesy sharing where the use of frequencies is subject to a general authorisation, or
Amendment 404 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
Amendment 555 #
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. The Commission may, taking the utmost account of the opinion of the Authority submitted in accordance with Article 7 of Regulation […/EC]After consultation with national regulatory authorities and considering the opinion of BERT, the Commission may, acting in accordance with the procedure referred to in Article 22(3), adopt a Decision identifying transnational markets.
Amendment 560 #
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
This Decision, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 603 #
Proposal for a directive – amending act
Article 1 – point 22
Article 1 – point 22
Directive 2002/21/EC
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
2. Any party may refer the dispute to the national regulatory authorities concerned. The competent national regulatory authorities shall coordinate their efforts within BERT in order to bring about a resolution of the dispute, in accordance with the objectives set out in Article 8. Any obligations imposed on an undertaking by the national regulatory authorities in resolving a dispute shall comply with the provisions of this Directive and the Specific Directives.
Amendment 604 #
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1a (new)
Article 25 – paragraph 1a (new)
(24a) In Article 25, the following paragraph is inserted: "1a. By January 2014, the Commission shall evaluate whether there is a need to extend the duration of the provisions on sector specific ex-ante regulation of this Directive, Articles 8 to 13a of the Access Directive and Article 17 of the Universal Service Directive. This evaluation shall be undertaken in the light of competitive developments in infrastructure and services in electronic communications. If sector specific ex-ante regulation appears to be necessary, the Commission shall confine such regulation to such markets, and put an end to it in those Member States and sub-national markets where infrastructure competition is not yet feasible. The Commission shall propose amendments to the existing regulatory framework to the Council and the European Parliament with a view to the adoption of a reformed regulatory framework."
Amendment 640 #
Proposal for a directive – amending act
Article 2 – point 3 – point a a (new)
Article 2 – point 3 – point a a (new)
Directive 2002/19/EC
Article 5 – paragraph 2a (new)
Article 5 – paragraph 2a (new)
(aa) The following paragraph is added: "2a. Where assessing measures to be imposed in light of developing infrastructure competition, national regulatory authorities shall take into account the different competitive conditions existing in the different geographic areas within their Member States. National regulatory authorities shall remove unnecessary obligations in order to ensure that the transition from sector specific ex-ante regulation to competition law is not being impeded or delayed where infrastructure competition in a geographic area is competitive or almost competitive."
Amendment 677 #
Proposal for a directive – amending act
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. In regulating access to new generation access networks, national regulatory authorities shall ensure that access seekers bear a reasonable share of the risk incurred by the investing operator. Risk sharing contracts may either include an upfront payment covering the risk premium for a certain amount of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods. Short-term contracts without minimum quantities shall include a price premium which covers the investment risk of the investor under the assumption that the full investment risk is born by him or her. Access prices for such long-term and short-term access contracts may be regulated in accordance with paragraph 4a. Long-term access contracts shall reflect the time period necessary to allow amortisation of investment costs in new markets."
Amendment 679 #
Proposal for a directive – amending act
Article 2 – point 8 e (new)
Article 2 – point 8 e (new)
Directive 2002/19/EC
Article 13 – paragraph 4a (new)
Article 13 – paragraph 4a (new)
(8e) In Article 13, the following paragraph is inserted: "4a. National regulatory authorities shall ensure that regulation of access prices for long-term risk-sharing contracts are in line with the long-term incremental cost of an efficient operator, taking into account the operator’s calculated rate of penetration of new markets and that access prices for short-term contracts include a risk premium. Such risk premium shall phase out with ongoing market penetration of new access. Margin squeeze tests shall not be applied to short- term contracts when a risk premium is charged."