24 Amendments of Werner LANGEN related to 2013/0309(COD)
Amendment 173 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) To take account of the convergence of the once separate markets in traditional telecommunications services and information society services, the scope of this Regulation covers all services which mainly serve communications purposes or are primarily used by consumers for communication, in order to secure an appropriate level of consumer protection. Services which do not mainly serve communications purposes and are thus not essentially communicative in nature, such as online banking services or location-based services, will continue to be excluded from its scope.
Amendment 323 #
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) to secure uniform starting conditions and conditions of competition between providers of electronic communication services and providers of information society services.
Amendment 415 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
(3) When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to transparent, non-discriminatory and objective equal treatment between existing and potential operators and between European electronic communications providers and other undertakings.
Amendment 418 #
Proposal for a regulation
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) ensuring predictable and comparable conditions to enable the planning oflong-term, sustainable network investments and services on a multi-territorial basis and the achievement of scale economies;
Amendment 419 #
Proposal for a regulation
Article 9 – paragraph 4 – point d
Article 9 – paragraph 4 – point d
d) ensuring the necessity and proportionality of the conditions imposed, including through an transparent, objective assessment of whether it is justified to impose additional conditions which could be in favour of or to the detriment of certain operators;
Amendment 441 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
National competent authorities shall ensure that the fees for rights of use for radio spectrum which serve to balance excess demand and shortages (by means of auctions or administratively), if any:
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) appropriately reflect the social and economic value of the radio spectrum, including beneficial externalities, and do not exceed the market value;
Amendment 447 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
(da) must be paid only when providers actually use radio spectrum. Where radio spectrum is assigned by auction, its technical and regulatory conditions must be determined before the start of the auction. Preliminary technical tests may be necessary in certain cases.
Amendment 451 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 456 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 a (new)
Article 10 – paragraph 5 – subparagraph 1 a (new)
When deciding whether to apply restrictions for mobile access obligations, national authorities must justify their decisions by means of a comprehensive evaluation of market characteristics and provide proof of market failure. In addition, the decision must precede an impact assessment of the network operators’ investments; there must be regular reviews of commitments undertaken.
Amendment 464 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
The national competent authorities shall consider the need to fix appropriate minimum technology performance levels for different bands in accordance with Article 6(3) of Decision No 243/2012/EC with a view to improving spectral efficiency and, without prejudice to measures adopted under Decision No 676/2002/EC.
Amendment 465 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2 – point a
Article 11 – paragraph 4 – subparagraph 2 – point a
Amendment 501 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
For the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2, national competent authorities shall provide timely and sufficiently detailed information to the Commission on their plans to ensure compliance. The Commission mayshould adopt implementing acts defining the format and procedures for the provision of such information within one year from the date of entry into force of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).
Amendment 503 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 a (new)
Article 12 – paragraph 6 – subparagraph 1 a (new)
In examining Member States’ detailed plans, the Commission should take into account the limited number of experts and advisers available for national regulatory authorities and providers to call on for the rights allocation procedures.
Amendment 509 #
Proposal for a regulation
Article 13
Article 13
Amendment 536 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
For the purposes of the uniform implementation of the general authorisation regime for the deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission mayshould, within one year from the date of entry into force of this Regulation, by means of an implementing act, specify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. At the same time, small-area wireless access points already covered by existing user rights may continue to be used in accordance with those rights. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small- area wireless access points. Those technical characteristics for use of small- area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and with the thresholds defined in Council Recommendation No 1999/519/EC31. __________________ 30 Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1). 31 Recommendation 1999/519/EC of the Council of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59).
Amendment 739 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Application of general principles regarding information society service providers National supervisory authorities shall ensure that information society service providers comply with the principles of transparency, non-discrimination and platform openness, including measures to facilitate the switching of providers, interoperability, application and data portability and digital content search neutrality.
Amendment 751 #
Proposal for a regulation
Article 35 – paragraph 1 – point 1 a (new)
Article 35 – paragraph 1 – point 1 a (new)
Directive 2002/21/EC
Article 2(c)
Article 2(c)
(c) ‘electronic communications services’: a service which consists in the conveyance of signals on electronic communications networks, including telecommunications and transmission services in networks used for broadcasting and services providing or facilitating communication, while excluding services whose primary purpose is to supply and exercise editorial control over media content using electronic communications networks and services; it does not include information society services, as defined in Article 1 of Directive 98/34/EC, which do not essentially relate to communications, even where based on the conveyance of signals on electronic communications networks;
Amendment 805 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
The Commission shall submit reports on the evaluation and review of this Regulation to the European Parliament and the Council at regular intervals. The first report shall be submitted no later than 1 July 2018. Subsequent reports shall be submitted every four years thereafter. The Commission shall, if necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other legal instruments, taking account in particular of developmencomprehensively assess and review the entire regulatory framework applicable to electronic communications and, by 31 March 2015 at the latest, notify the European Parliament and Council of its fin dinformation technology and of the state of progress in the information society. The reports shall be made publicgs, together with any proposed amendments.
Amendment 808 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
The Commission review
Amendment 812 #
Proposal for a regulation
Article 39 – paragraph 1 – point 1 (new)
Article 39 – paragraph 1 – point 1 (new)
(1) assess the possibility of ending asymmetric and SMP-based pricing and access arrangements;
Amendment 814 #
Proposal for a regulation
Article 39 – paragraph 1 – point 2 (new)
Article 39 – paragraph 1 – point 2 (new)
(2) shall assess the continued need for the existing arrangements applicable equally to all market operators on the value chain;
Amendment 815 #
Proposal for a regulation
Article 39 – paragraph 1 – point 3 (new)
Article 39 – paragraph 1 – point 3 (new)
(3) shall ensure that consumers and digital service users are able to control their digital identity and data and that measures are taken to facilitate a switch between different operating systems with no loss of applications or data;
Amendment 817 #
Proposal for a regulation
Article 39 – paragraph 1 – point 4 (new)
Article 39 – paragraph 1 – point 4 (new)
(4) ensure a level playing field and equal competition with regard to telecommunications and OTT services, thereby ensuring adequate protection for OTT service users, taking particular account of the principles of transparency, non-discrimination and interoperability and the need to facilitate the switching of providers.