27 Amendments of Werner LANGEN related to 2016/0288(COD)
Amendment 160 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. As 'very high capacity networks' should be of service to end users, their experiences with reference to speed, latency or reliability should be evaluated. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 254 #
Proposal for a directive
Recital 164
Recital 164
(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive . In order to ensure that operators with significant market power genuinely comply with obligations, national regulatory authorities may make provision for penalties for infringements.
Amendment 258 #
Proposal for a directive
Recital 173
Recital 173
(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation should be assessed separately; with one exception, there is no hierarchy among the obligations that national regulatory authorities may impose. However, in accordance with the principle of proportionality, an obligation regarding access to certain network facilities and their use may be imposed only if an obligation of access to civil engineering assets is either not imposed or not imposed effectively.
Amendment 278 #
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. If the national regulatory authority decides not to impose obligations, it must ensure that competition and market access are not compromised. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions similara network performance of at least 250 Mbit/s in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similarupgradeable to symmetrical 1 Gbit/s, at least 99.99% reliability and latency of 5 ms or less. Network performance should be measured and assessed with the final consumer, regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 866 #
Proposal for a directive
Article 66 – paragraph 6 a (new)
Article 66 – paragraph 6 a (new)
6a. National regulatory authorities shall ensure that the requirements which they impose are complied with. Depending on the nature of an infringement, national regulatory authorities should have the option of imposing the predetermined penalties in the form of fines ((i) on the authority, (ii) on retail customers, and/or (iii) on other undertakings).
Amendment 881 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive transmission infrastructure (such as optical fibre and cables), conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.
Amendment 921 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to all active network elements which are either not active or physical and/or active and/or virtual unbundled access to the local loop;
Amendment 945 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing , in conformity with the principle of proportionality, whether and how such obligations should be imposed , they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. In order to take into account substantial market changes, it should be possible to alter the analysis at any time. They shall take account in particular of the following factors:
Amendment 1014 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open tothe result of co-investment offers according to a transparent process and on terms which favourwhich creates effective and sustainable competition ion the long term including inter alia fair, reasonabobjectively rele vand non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructuret market or which can reasonably be expected to do so. This is the case where the criteria laid down in Annex IV are met;
Amendment 1023 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point b
Article 74 – paragraph 1 – subparagraph 1 – point b
(b) the deployment of the new network elements contributes significantly toresults in the deployment of very high capacity networks; or there is a reasonable expectation that it will do so.
Amendment 1024 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
Amendment 1031 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
Amendment 1112 #
Proposal for a directive
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met or there is a reasonable expectation that they will be met:
Amendment 1115 #
Proposal for a directive
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) The co-investment offer shall be open to any undertaking over the lifetime of the network built under a co- investment offer on a non-discriminatory basis. The SMP operator may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned, the acceptance of a strategic plan on the basis of which medium-term deployment plans are prepared, etc.At least three independent networks exist on the relevant market;
Amendment 1117 #
Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part
Annex IV – paragraph 1 – point b – introductory part
(b) The co-investment offer shall be transpareproject does not discriminate against any participant:;
Amendment 1119 #
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 1
Annex IV – paragraph 1 – point b – indent 1
Amendment 1121 #
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2
Annex IV – paragraph 1 – point b – indent 2
Amendment 1123 #
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3
Annex IV – paragraph 1 – point b – indent 3
Amendment 1125 #
Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part
Annex IV – paragraph 1 – point c – introductory part
(c) The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:No supplier with substantial market power on the relevant market may hold a share of more than 50% of the retail market in the case of networks established by co-investment projects.
Amendment 1128 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1
Annex IV – paragraph 1 – point c – indent 1
Amendment 1131 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2
Annex IV – paragraph 1 – point c – indent 2
Amendment 1133 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3
Annex IV – paragraph 1 – point c – indent 3
Amendment 1136 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4
Annex IV – paragraph 1 – point c – indent 4
Amendment 1138 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5
Annex IV – paragraph 1 – point c – indent 5
Amendment 1141 #
Proposal for a directive
Annex IV – paragraph 1 – point d
Annex IV – paragraph 1 – point d
(d) The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network eproject must not have the aim of bringing about, or result in, any restriction of competition between participants or between participants and other suppliers on the same relevant market. Agreements or structures which would be classified as doing so would for examplem ents that contribute significantly to the deployment of very high capacity networkail market sharing, exchanges of information, price agreements or agreements concerning technological innovations.
Amendment 1143 #
Proposal for a directive
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) The co-investment project must neither directly nor indirectly produce foreclosure effects which would prevent entry to the relevant market.