9 Amendments of Werner LANGEN related to 2007/0247(COD)
Amendment 95 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) The key issue for the coming years is to give appropriate incentives for investments in new high speed networks that will support innovation in content- rich internet services. Such networks have enormous potential to deliver benefits to consumers across the European Union. It is therefore vital that there is no impediment to sustainable investment in the development of these new networks, while boosting competition and consumer choice. This could entail different regulatory approaches tailored to suit a market need.
Amendment 142 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, better access to the information society for all citizens, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. The aim of promoting better access to the information society includes the provision of mobile broadband services in rural areas and the continuous increase in the quality and bandwidth of these services. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 147 #
Article 1 – point 16
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where an undertaking has significant market power on a specific market (the first market), it may also be deemed to have 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 onethe first market to be leveraged into the othersecond market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the linkesecond market pursuant to Articles 9, 10, 11 and8 to 13 of Directive 2002/19/21EC (Access dDirective), and where such remedies prove to be insufficient, remedies pursuant to Article 17 of Directive 2002/22/EC (Universal Service Directive) may be imposed or Article 17 of Directive 2002/22/EC (Universal Service Directive) where remedies in the first market prove to be insufficient to prevent such leverage.
Amendment 149 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism in accordance with their own national law. These objectives must be in line with the other public interest objectives set out in Recital 22.
Amendment 364 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the promotion of better access to the Information Society for all citizens, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism.
Amendment 377 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Member States shall seek to allocate the frequencies of UHF Bands IV/V (470 -862 MHz) in equal shares for the future development of radio and mobile services. As a first step, Member States should follow the results of the World Radio Conference 2007. The harmonised sub- band of 790-862 MHz frequencies should be released and allocated as soon as possible, and at the latest 6 months after the entry into force of this Directive, for mobile broadband services. Thereafter at least two-thirds of the frequencies which will additionally be released in UHF Band IV/V (470-862 MHz) through the digitisation of radio broadcasts, should be allocated directly to mobile broadband networks until the objective of a 50:50 division of frequencies between radio and mobile services is achieved. The frequencies should be allocated harmoniously. The necessary planning procedures shall commence forthwith. At the request of a mobile provider, the national regulatory authority must examine whether the current division and allocation of frequencies for the purpose of broadcasting radio content is necessary in order to attain the objectives listed in Article 9(4). Such scrutiny should be concluded within three months. Should division and allocation prove unnecessary for the attainment of these objectives, the national regulatory authority must proceed with re-allocation to mobile services within six months. In the event of pressing reasons, the national regulatory authority may, after notifying the Commission, extend this period by three further months.
Amendment 395 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation Directive. Member States shall ensure that all the necessary conditions for the rapid attainment of the objectives set out in Article 9, paragraph 7, are met and that the time framework mentioned in Article 9, paragraph 7, is respected.
Amendment 515 #
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2002/21/EC
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 666 #
Proposal for a directive – amending act
Article 2 – point 8 – point b f (new)
Article 2 – point 8 – point b f (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(bf) In paragraph 2, point (c) is replaced by the following: "(c) the initial investment by the facility owner, bearing in mind the risks involved in making the investment, including appropriate risk-sharing among those undertakings which enjoy access to the new facilities;"