Activities of Gunnar HÖKMARK related to 2007/0247(COD)
Plenary speeches (1)
Electronic communication networks and services (debate)
Amendments (34)
Amendment 47 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) Electronic communications services are a fast developing sector, characterised by a high level of technological innovation and highly dynamic markets. There is a need to scrutinise regularly the accuracy of regulation in changing markets and technology with the aim of achieving the most from competition regarding prices, services and infrastructure. To ensure that EU citizens will continue to be able fully to participate in the global information society, innovation and the roll out of high-speed next generation networks able to satisfy future customer demands for more bandwidth and more services should be a priority in the application of this Directive.
Amendment 48 #
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) The regulatory framework has to meet the new investment and innovation challenges, recognising the need to encourage both investment, in capacity as well as new infrastructure, and sustainable competition, so that consumer choice is extended and not undermined.
Amendment 73 #
Proposal for a directive – 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 paragraph Article 9c, Member States shall ensure that all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services taking into account the national frequency allocation table and the ITU Radio Regulations.
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure, taking into account internationally agreed frequency plans and the ITU Radio Regulations, that all types of electronic communications services may be provided in the radio frequency bands open to electronic communications. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 80 #
Proposal for a directive – 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 an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective, as defined in national legislation, in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, 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 pluralismhaving regard to the need to promote a better access to the information society for all citizens, the promotion of cultural and linguistic diversity and media pluralism taking into account all the opportunities provided by the digital dividend and technological convergence.
Amendment 89 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofrecommend the bands for which usage rights may be transferred or leased between undertakings, including frequencies planned by Member States for certain services which by technological development will take full use of the digital dividend;
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to the principle of service or technology neutrality in accordance with paragraphs Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism considering the need for a better access to the information society for all citizens.
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
Amendment 93 #
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 "ecosystem" for electronic communications, based on supply and demand: the former through effective and competitive infrastructure and service markets, the latter thanks to increasing information society developments.
Amendment 111 #
Recital 5
(5) When conducting market analyses, NRAs should seek to ensure that regulation facilitates the widespread deployment of infrastructure as far as is economically viable and enables consumers in all geographic areas to benefit from effective competition. In order to ensure a proportional and adapted approach to varying competitive conditions national regulatory authorities may define markets on a subnational basis and/or lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.geographic markets where there is effective infrastructure competition. When assessing which access obligations are most appropriate in facilitating efficient investment and effective competition, national regulatory authorities should, where practicable, take into account any different conditions existing in the different geographic areas within their Member States, whilst protecting consumer interests, including those of rural communities, and the single market
Amendment 118 #
Recital 14 b (new)
(14b) When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should 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, national regulatory authorities should be able to set, if applicable, terms and conditions for access over a sufficient period of time to provide planning certainty to investors. These terms and conditions may include pricing arrangements which depend on volumes or length of contract, provided that such arrangements are in accordance with Community law. However, pricing arrangements should not be permitted where they would have the effect of discriminating in favour of the operator with significant market power, including through margin squeeze, raising barriers to entry or otherwise impeding the development of effective competition in services to consumers and businesses. In view of the size of investments needed for new and enhanced infrastructure, co- operation agreements between market players may accelerate and strengthen the roll-out of next generation networks to the benefit of consumers, provided that competition is safeguarded, including through the imposition of access obligations as necessary.
Amendment 130 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Although spectrum management remains within the competence of the Member States, coordination and, where appropriate, harmonisation at Community level can help ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended world-wide.
Amendment 141 #
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 riskensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings;
Amendment 147 #
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. In doing so, Member States may take into account the cultural relevance of certain services and systems for multimedia-based audio, video and live productions as well as the opportunities the digital dividend offers to new technologies and new operators in this perspective.
Amendment 154 #
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, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involvedany risks specific to a particular new investment network project whilst ensuring that pricing arrangements are compatible with protecting effective competition.
Amendment 158 #
Article 2 – point 10
Directive 2002/19/EC
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 9 to 13 have failed to achieve effective competition and that there are important and persisting competition problems/market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure in accordance with the provisions of the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
Amendment 161 #
Article 2 – point 12 – point e
Directive 2002/19/EC
Annex II – part A – point 1 – point c (new)
Annex II – part A – point 1 – point c (new)
(c) in circumstances where unbundled access is not technically or economically feasible, appropriate obligations offering equivalent functionality.
Amendment 174 #
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 has 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 achieveare obstacles to effective non-discrimination in several of the markets concerned, and where there is little or no prospect of effective competition by new infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to bebeing 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 220 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
Article 2 – point s
(s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations.
Amendment 304 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion, taking State aid rules into account, or restriction of competition in the electronic communications sector, in particular for the delivery of content.
Amendment 356 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. 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 open toavailable for electronic communication services. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 384 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 1
Article 9 a – paragraph 1 – subparagraph 1
1. For a period of five years starting onBy [1 January 20105], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4)take all appropriate measures to ensure that Article 9(3) and (4) apply to all assignments and allocations of radio frequencies which existed at the date of entry into force of this Directive.
Amendment 410 #
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 the national regulatory authority.
Amendment 420 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 2
Article 9b – paragraph 2
2. Member States shall ensure that an undertaking’s intention to transfer of rights to use radio frequencies is notified to the national regulatorycompetent authority responsible for spectrum assignment and is made public. Where radio frequency use has been harmonised through the application of the Radio Spectrum Decision or other Community measures, any such transfer shall comply with such harmonised use.
Amendment 533 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 3
Article 13 a – paragraph 3 – subparagraph 3
Every threwelve months, 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 611 #
Proposal for a directive – amending act
Article 1 – point 26
Article 1 – point 26
Directive 2002/21/EC
Annexes I and II
Annexes I and II
(26) Annexes I and II are deleted. I is deleted and Annex II is replaced by the following: "ANNEX II Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with Article 14(2), second subparagraph Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. Without prejudice to the case law of the Court of Justice on joint dominance, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of communications: - [...] - low elasticity of demand - [...] - similar market shares - [...] - high legal or economic barriers to entry - vertical integration with collective refusal to supply - lack of countervailing buyer power - lack of potential competition - [...] The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the sorts of evidence that could be used to support assertions concerning the existence of joint dominance."
Amendment 621 #
Proposal for a directive – amending act
Article 2 – point 1a (new)
Article 2 – point 1a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 646 #
Proposal for a directive – amending act
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2002/19/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
(6b) In Article 9, paragraph 4 is replaced by the following: "4. Notwithstanding paragraph 3, where an operator has been found to have SMP in a relevant market under Article [15 of the Framework Directive] relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II."
Amendment 711 #
Proposal for a directive – amending act
Article 2 – point 10 b (new)
Article 2 – point 10 b (new)
Directive 2002/19/EC
Annex II – introductory section – point a
Annex II – introductory section – point a
(10b) In the introductory section of Annex II, point (a) is replaced by the following: "(a) "local sub-loop" means a partial local loop connecting the network termination point [...] to a concentration point or a specified intermediate access point in the fixed public electronic communications network, where the connection can be technically accessed;"
Amendment 712 #
Proposal for a directive – amending act
Article 2 – point 10 c (new)
Article 2 – point 10 c (new)
Directive 2002/19/EC
Annex II – introductory section – point c
Annex II – introductory section – point c
(10c) In the introductory section of Annex II, point (c) is replaced by the following: "(c) "full unbundled access to the local loop" means the provision to a beneficiary of access to the local loop or local sub-loop of the notified operator authorising the use of the full capacity of the network infrastructure;"
Amendment 713 #
Proposal for a directive – amending act
Article 2 – point 10 d (new)
Article 2 – point 10 d (new)
Directive 2002/19/EC
Annex II – introductory section – point d
Annex II – introductory section – point d
(10d) In the introductory section of Annex II, point (d) is replaced by the following: "(d) "shared access to the local loop" means the provision to a beneficiary of access to the local loop or local sub-loop of the notified operator, authorising the use of a specified part of the capacities of the network infrastructure, such as part of the frequencies or wavelengths available, for example the non-voice band frequency spectrum of the twisted metallic pair; [...]"
Amendment 714 #
Proposal for a directive – amending act
Article 2 – point 10 e (new)
Article 2 – point 10 e (new)
Directive 2002/19/EC
Annex II – introductory section – point da (new)
Annex II – introductory section – point da (new)
(10e) In the introductory section of Annex II, following point is added: "(da) “wholesale broadband access” means non-physical or virtual network access to the local loop or local sub- loop, providing two-way data transmission across the local loop or sub-loop to specified access points in the fixed public electronic communications network."
Amendment 715 #
Proposal for a directive – amending act
Article 2 – point 10 f (new)
Article 2 – point 10 f (new)
Directive 2002/19/EC
Annex II – part A
Annex II – part A
(10f) In Annex II, part A is replaced by the following: "A. Conditions for unbundled access [...] 1. Network elements to which access is offered covering in particular the following elements, together with appropriate associated facilities: (a) unbundled access to local loops and local subloops; (b) duct access enabling installation of access and backhaul networks; (c) wholesale broadband access at appropriate points in the network to ensure effective national competition and which shall allow equivalent functionality to unbundled access in circumstances where such access is not technically or economically feasible; 2. Information concerning the locations of physical access sites including street cabinets and distribution frames, availability of local loops and subloops, ducts and backhaul facilities in specific parts of the access network; 3. Technical conditions related to access and use of local loops, sub-loops and ducts, including the technical characteristics of the twisted [...] pair and/or optical fibre, cable distributors, ducts and associated facilities; 4. Ordering and provisioning procedures, usage restrictions."
Amendment 716 #
Proposal for a directive – amending act
Article 2 – point 10 g (new)
Article 2 – point 10 g (new)
Directive 2002/19/EC
Annex II – part B – point 1
Annex II – part B – point 1
(10g) In part B of Annex II, point 1 is replaced by the following: "1. Information on the notified operator's relevant sites or equipment locations."