Activities of Gunnar HÖKMARK related to 2013/0309(COD)
Plenary speeches (1)
European single market for electronic communications (debate)
Amendments (44)
Amendment 163 #
Proposal for a regulation
Recital 3
Recital 3
(3) In a seamless single market in electronic communications, the freedom to provide electronic communications networks and services to every customer in the Union and the right of each end-user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Union-wide general authorisation regimes, national spectrum assignment schemes, differences of access products available for electronic communications providers in different Member States, and different sets of sector-specific consumer rules applicable. The Union rules in many cases merely define a baseline, and are often implemented in diverging ways by the Member States.the differences in the enforcement and implementation of the regulatory framework has led to higher costs for operators active in more than one country; thereby hindering investments and the development of a single market for telecoms
Amendment 165 #
Proposal for a regulation
Recital 4
Recital 4
(4) A truly single market for electronic communications should promote competition, coordination, investment and, innovation and more capacity in new and enhanced networks and services by fostering market integration and cross- border service offerings. It should thus help to achieve the ambitious high-speed broadband targets set out in the DAE. The growing availability of digital infrastructures and services should in turn increase consumer choice, quality of service and diversity of content, and contribute to territorial and social cohesion, as well as facilitating mobility across the Union.
Amendment 175 #
Proposal for a regulation
Recital 10
Recital 10
(10) The provision of electronic communications services or networks across borders may take different forms, depending on several factors such as the kind of network or services provided, the extent of the physical infrastructure needed or the number of subscribers in the different Member States. The intention to provide electronic communications services cross-border or to operate an electronic communications network in more than one Member State may be demonstrated by activities such as negotiation of agreements on access to networks in a given Member State or marketing via an internet site in the language of the targeted Member State.
Amendment 185 #
Proposal for a regulation
Recital 17
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and satellite communications in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim of securing access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, partly due to the fragmentation of the Union process for making available spectrum suitable for high speed wireless broadband access, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with over half of the Member States seeking a derogation or otherwise failing to do so by the deadline laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 testifies to the urgency of action even within the term of the current RSPP. The situation calls for improvement in Member States willingness and ability to implement already agreed rules, as well as in the Commission's exercise of its powers. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this problem. __________________ 23 Decision 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012. 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 188 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Trading and leasing of spectrum for wireless broadband communications should be further facilitated in order to create more flexible and efficient allocation of spectrum resources.
Amendment 208 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The economic value of consistent spectrum usage rights over several territories granted to the same operator would be higher than the fragmented combination of individual licenses because of the possibilities for economies of scale, for integrated networks, and for the avoidance of cross-border interference issues. Multi-territorial spectrum authorisation procedures conducted jointly between Member States would allow mobile network operators to be granted spectrum usage rights across several Member States that are consistent or identical, for example with regard to their duration, the spectrum blocks assigned, and the related license conditions.
Amendment 209 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24 b) Pan European licence auctions under BEREC supervision can stimulate the development of one single EU telecom market, without roaming.
Amendment 217 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should ensure that for bands harmonised at Union level for wireless broadband communications, the implementation of harmonised timetables and deadlines for the assignment of spectrum is not unduly delayed by coordination problems; in particular the management of radio spectrum at national level doesshould not prevent other Member States from using the radio spectrum to which they are entitled, or from complying with their obligations as regards bands for which the use is harmonised at Union level. Building on the existing activities of the RSPG, a coordination mechanism is necessary to ensure that each Member State has equitable access to radio spectrum and that the outcomes of coordination are consistent and enforceable.
Amendment 231 #
Proposal for a regulation
Recital 38
Recital 38
(38) In the interests of regulatory predictability, key elements of evolving decisional practice under the current legal framework which affect the conditions under which wholesale access products, including European virtual broadband access products, are made available for NGA networks, should also be reflected in the legislation. These should include provisions reflecting the importance, for the analysis of wholesale access markets and in particular of whether there is a need for price controls on such access to NGA networks, of the relationship between competitive constraints from alternative fixed and wireless infrastructures, effective guarantees of non-discriminatory access, and the existing level of competition in terms of price, choice and quality at retail level. The latter consideration ultimately determines the benefits to end users. For example, in the conduct of their case-by- case assessment pursuant to Article 16 of Directive 2002/21/EC and without prejudice to the assessment of significant market power and the application of EU competition rules, national regulatory authorities may consider that in the presence of two fixed NGA networks, market conditions are competitive enough to be able to drive network upgrades and to evolve towards the provision of ultra- fast services, which is one important parameter of retail competition.
Amendment 272 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video-conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services. It should be ensured that such agreements do not impair the general quality of internet access and lead to a two speed Internet.
Amendment 300 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) The structural measures provided for in regulation (EU) No 531/2012 aiming at increasing the competition in the roaming market such as the local break out solution and the decoupling mechanism is an important step to abolish retail roaming charges. The phasing out of retail roaming charges must be subject to lower wholesale caps creating a level playing field between all operators in the union and the Commission shall therefore by 1 July 2015 present the European Parliament and the Council of Ministers with proposals in this respect.
Amendment 301 #
Proposal for a regulation
Recital 74 b (new)
Recital 74 b (new)
(74 b) With a view to creating a level playing field for all market operators, wholesale roaming access should be provided on non-discriminatory terms and conditions without making a distinction between domestic and foreign operators, including the terms and conditions of wholesale access provided for domestic mobile services.
Amendment 306 #
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75 a) Together with the Commission, BEREC should be responsible for ensuring that any phasing out of retail roaming charges does not lead to higher prices in domestic markets
Amendment 308 #
Proposal for a regulation
Recital 76
Recital 76
(76) In addition, the significant reduction in mobile termination rates throughout the Union in the recent past should now allow the elimination of additional roaming charges for incoming callswhile some Member States have lowered mobile termination rates (MTR) drastically the level of MTRs still varies greatly between Member States and future binding legislation might therefore be needed.
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) providers of electronic communications services and networks have the right, the ability and the incentive to develop, extend and operate their networks cross-border on a pan European scale and to provide services irrespective of where the provider is established or its customers are situated in the Union,
Amendment 369 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. A European electronic communications provider shall be entitled to equal treatment by the national regulatory authorities of different Member States in objectively equivalent situationsNational regulatory authorities shall treat electronic communications providers equally in comparable situations, irrespective of their Member State of establishment.
Amendment 416 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States should promote licensed shared access to spectrum within the actual authorization regime. The sharing may be imposed by the Member State in order to ensure efficient spectrum use.
Amendment 449 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) are due to be paid when operators are effectively able to exploit the spectrum.
Amendment 458 #
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1 – introductory part
Article 10 – paragraph 6 – subparagraph 1 – introductory part
National competent authorities shall within a year from the date of entry into force of this regulation determine conditions under which undertakings may transfer or lease part or all of their individual rights to use radio spectrum to other undertakings, including the sharing of such radio spectrum. When determining those conditions, national competent authorities shall have regard to the following:
Amendment 459 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. Pursuant to the objective to allocate at least 1200 MHz suitable spectrum for wireless broadband as set out in decision no 243/2012, national competent authorities shall within a year from the date of entry into force of this regulation identify harmonised wireless spectrum suitable for liberalisation and determine the conditions under which undertakings in possession of rights of use for wireless spectrum may change the destination and use of such harmonised wireless spectrum.
Amendment 466 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The duration of the rights of use or the dates for subsequent renewal shall be set well in advance of the relevant procedure included in the timetable referred to in the first subparagraph. The timetables, durations and renewal cycles shall take account of the need for a predictable investment environment, the effective possibility to release any relevant new radio spectrum bands harmonised for wireless broadband communications and of the period for amortisation of related investments under competitive conditions. National competent authorities shall apply a minimum duration of thirty (30) years for granting of radio spectrum.
Amendment 468 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
Member States may provide for proportionate and non-discriminatory withdrawal of rights, including those with a 30 year minimum duration, in order to prevent any accumulation of rights that might distort competition
Amendment 469 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 b (new)
Article 12 – paragraph 1 – subparagraph 2 b (new)
The introduction of minimum 30 year licence duration should not impede the ability of regulators to issue temporary licences and licences for secondary uses in a harmonised band
Amendment 505 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Joint authorisation process to grant individual rights of use of radio spectrum 1. Two or several Member States may cooperate with each other, and with the Commission, in meeting their obligations under Article 6 and 7 of the Authorisation Directive with a view to establish a joint authorisation process to grant individual rights of use of radio spectrum, in line, where applicable, with any common timetable established in accordance with Article 12(2). The joint authorisation process shall meet the following criteria: (a) the individual national authorisation processes shall be initiated and implemented by the national competent authorities according to a common schedule; (b) it shall provide where appropriate for common conditions and procedures for the selection and granting of individual rights among the Member States concerned; (c) it shall provide where appropriate for common or comparable conditions to be attached to the individual rights of use among the Member States concerned inter alia allowing operators to be granted consistent spectrum portfolios with regard to the spectrum blocks to be assigned.
Amendment 506 #
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b (a) the individual national authorisation processes shall be initiated and implemented by the national competent authorities according to a common schedule;
Amendment 507 #
Proposal for a regulation
Article 12 c (new)
Article 12 c (new)
Article 12c (b) it shall provide where appropriate for common conditions and procedures for the selection and granting of individual rights among the Member States concerned;
Amendment 508 #
Proposal for a regulation
Article 12 d (new)
Article 12 d (new)
Article 12d (c) it shall provide where appropriate for common or comparable conditions to be attached to the individual rights of use among the Member States concerned inter alia allowing operators to be granted consistent spectrum portfolios with regard to the spectrum blocks to be assigned.
Amendment 514 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Where Member States intend to establish a joint authorisation process according to Article 12a, the national competent authorities concerned shall simultaneously make their draft measures accessible to the Commission and the competent authorities.
Amendment 547 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. TWhe provision of a virtual broadband access productre undertakings are found to have SMP in a defined relevant market and where access obligations are imposed in accordance with Article 8 and 12 of Directive 2002/19/EC they shall be considered as the provision of a European virtual broadband access product if it is supplied in accordance with the minimum parameters listed in offer wholesale access products meeting at least the specifications set out in Annex 1, without prejudice to the impositione of the Offers set out in Annex Iphysical access obligations and cumulatively meets the following substantive requirements:
Amendment 554 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 a (new)
Article 17 – paragraph 1 – subparagraph 1 a (new)
1a. Except where objectively justified in light of prevailing competitive conditions in the relevant wholesale market relating to business access, charges for modern interface leased lines as identified in Annex 1 part 3 shall be cost oriented.
Amendment 557 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
A national regulatory authority which has previously imposed on an operator in accordance with Articles 8 and 12 of Directive 2002/19/EC any obligation to provide wholesale access to a next- generation network shall assess whether it would be appropriate and proportionate to impose insteador in addition to an obligation to supply a European virtual broadband access product which provides at least equivalent functionalities to the currently imposed wholesale access product.
Amendment 558 #
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
When assessing pursuant to paragraphs 1, 2 or 3 whether to impose a European virtual broadband access product instead of any other possible wholesale access product, the national regulatory authority shall have regard to the interest in convergent regulatory conditions throughout the Union for wholesale access remedies, the current and prospective state of infrastructure- based competition and the evolution of market conditions towards provision of competing next-generation networks, to investments made respectively by the operator designated as having significant market power and by access-seekers, and to the amortisation period for such investments. However, European virtual broadband access products shall not be given priority when physical unbundled access is available.
Amendment 637 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Traffic management measures shall not be applied in such a way as to discriminate against services competing with those offered by the provider of internet access. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:
Amendment 750 #
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 1534a Amendments to Decision No 243/2012/EU In Article 15, the third subparagraph is amended as follows Reporting and review By 10 April 2014, the Commission shall report to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision. Member States shall provide the Commission with all information necessary for the purpose of reviewing the application of this Decision. By 31 December 2015, the Commission shall conduct a review of the application of this Decision. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:081:0007:0017:EN:PDF)The review shall include: A common timetable defining an end date by which bands identified for mobile broadband communications at ITU level such as the 700 MHz, 1.5GHz and 3.8-4.2 GHz bands are freed up and harmonised for mobile broadband usage in all EU- Member States while respecting the outcome of the assessment by the European Commission in accordance with article 6.5. Or. en (http://eur-
Amendment 777 #
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 6a
Article 6a
1. By 31 December 2015, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable use criteria by roaming providers. BEREC shall have regard in particular to the evolution of pricing and consumption patterns in the Member States, to the degree of convergence of domestic price levels across the Union, to any observable effect of roaming at domestic service rates on the evolution of such rates, and to the evolution of effective wholesale roaming rates for unbalanced traffic between roaming providers of various sizes.
Amendment 781 #
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 7a
Article 7a
Article 7a 1.Wholesale roaming access shall be provided on non-discriminatory terms and conditions without making a distinction between domestic and foreign operators, including the terms and conditions of wholesale access provided for domestic mobile services; creating a level playing field for all market operators
Amendment 782 #
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 7a
Article 7a
Operators shall have the right to access other networks at the same wholesale charges and conditions as they offer access to their own networks to other operators, unless national regulators or BEREC view it as unfair price conditions distorting the competition,
Amendment 796 #
Proposal for a regulation
Article 37 – point 8 – point a – point i
Article 37 – point 8 – point a – point i
Regulation (EU) No 531/2012
Article 19
Article 19
To increase competition the Commission shall by 30 June 2015, after a public consultation, propose to the European Parliament and the Council a revision of the level of maximum wholesale charges provided for in articles 7,9 and 12, also taking into account the development of mobile termination rates.
Amendment 807 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
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 developments in information technology and of the state of progress in the information society. The reportsview shall be made public.include amongst others:
Amendment 810 #
Proposal for a regulation
Article 39 – paragraph 1 – point i (new)
Article 39 – paragraph 1 – point i (new)
(i) pan-European services and operators, taking into account the possibility for the Commission to identify transnational markets under Article 15(4) of Directive 2002/21/EC;
Amendment 813 #
Proposal for a regulation
Article 39 – paragraph 1 – point ii (new)
Article 39 – paragraph 1 – point ii (new)
(ii) identification of transnational markets, initially at least with respect to business services; enabling providers to notify BEREC of their intention to serve such markets, and supervision of providers serving such markets by BEREC
Amendment 816 #
Proposal for a regulation
Article 39 – paragraph 1 – point iii (new)
Article 39 – paragraph 1 – point iii (new)
(iii) a single Union authorisation including pan-European spectrum auctions and the supervisory structure for the framework as a whole;
Amendment 818 #
Proposal for a regulation
Article 39 – paragraph 1 – point iv (new)
Article 39 – paragraph 1 – point iv (new)
(iv) A strengthening of the application of the functional separation remedy by removing the exceptional character of the obligation creating increase incentives for network investments and further develops the internal market in electronic communications.
Amendment 819 #
Proposal for a regulation
Article 39 – paragraph 1 – point v (new)
Article 39 – paragraph 1 – point v (new)
(v) The promotion of the global competitiveness of the Union and the European digital industry, as well as investment and innovation.