31 Amendments of Gunnar HÖKMARK related to 2016/0288(COD)
Amendment 176 #
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 279 #
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, and such an offer is taken up by a co-investor and agreed upon, or when commercial access agreements based on the same preconditions have equivalent results, 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. 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 300 #
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 any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whVery high capacity networks are in any case fibre to the home networks or any other network which provides the technical performance requirements needed for the backhaul of 5G networks. Network performance will be assessed solely on the basis of technical paramethers and not take into account 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 304 #
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 any network which is capable of delivering under usual peak- time conditions similarat least equally consistent and reliable network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similarshall be assessed on the basis of technical parameters, 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 377 #
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 424 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In line with the needf necessary in order to ensure the effective and efficient use of radio spectrum and competition, or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 2530 year minimum duration, based on procedures laid down in advance, in compliance with the principles of proportionality and non-discriminationafter consultations with the right holder and based on fully transparent conditions and procedures laid down prior to the granting of such rights, in compliance with the principles of proportionality and non-discrimination. Member States shall ensure that licence holders, following any withdrawal, are adequately and proportionally compensated with regards to investments made.
Amendment 435 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete informationSuch information shall facilitate the forecasting of future investments in network deployment and development.
Amendment 464 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shall requesgather relevant uandertakings to provide relevant reasonably available information regarding planned deployments of such networks.
Amendment 473 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determinedforeseen that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a pverformance of at least 100 Mbps download speedsy high capacity network, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.
Amendment 477 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbpsa very high capacity network on the basis of the information gathered pursuant to paragraph 1(b).
Amendment 483 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.
Amendment 542 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
When adopting these measures, the national regulatory authority shall take into account the relevant national policy objectives set out by the Member State as well as other relevant national measures in regard to the management of radio spectrum in compliance with Union law and shall base its measure on a thorough and objective assessment of the competitive, technical and economic situation of the market.. It shall also take into account the need to cooperate with other Member States, with the Commission and BEREC in order to ensure a consistent application of the above mentioned powers across the Union. BEREC shall adopt, as soon as practicable following the adoption of this Directive, and to the extent necessary update, radio spectrum policy guidelines with a view to defining best practices in relation to the exercise by national regulatory authorities of their powers under the Code.
Amendment 544 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. WIn order to facilitate coordination and efficient use of spectrum, also across the borders, where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Radio Spectrum Policy Group and the Commission and national regulatory authorities in other Member States, at the same time.
Amendment 545 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall take the utmost account of BEREC's radio spectrum policy guidelines, make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Commission and national regulatory authorities in other Member States, at the same time and hold a consultation in accordance with Article 24.
Amendment 548 #
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Article 35 – paragraph 3 – subparagraph 1 – introductory part
Within one month, or a longer period up to three months, if the national regulatory authority agrees to extend the deadline, BEREC shall issue a reasoned opinion on the draft measure, which shall analyse whether that measure would be the most appropriate in order to:
Amendment 552 #
Proposal for a directive
Article 35 – paragraph 4 – point c a (new)
Article 35 – paragraph 4 – point c a (new)
(c a) the principles of service and technological neutrality and of effective and efficient use of spectrum;
Amendment 557 #
Proposal for a directive
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Two or several Member States may cooperate with each other and with the Commission and BEREC to meet their obligations under Articles 13, 46 and 54, by jointly establishing the common aspects of an authorisation process and also jointly or through the Commission or BEREC and RSPG, conducting the selection process to grant individual rights of use for radio spectrum in line, where applicable with any common timetable established in accordance with Article 53. The joint authorisation process shall meet the following criteria:
Amendment 558 #
Proposal for a directive
Article 37 – paragraph 1 – point d a (new)
Article 37 – paragraph 1 – point d a (new)
(d a) it shall provide for the manner in which the Member States concerned will reach a common position for the granting of the individual rights.
Amendment 652 #
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Competent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum in accordance with Article 13(1) in such a way as to ensure a sufficiently high level of network resilience and cyber security, in addition to ensuring the most effective and efficient use of radio spectrum by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to which an individual right or part thereof has been traded or leased. They shall clearly define any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the implementation of those conditions in line with Article 30. Conditions attached to renewals of right of use for radio spectrum may not provide undue advantages to existing holders of those rights.
Amendment 657 #
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or the joint roll-out of infrastructures for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage. Conditions attached to the rights of use shall not preventfacilitate, by different means, the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.
Amendment 671 #
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 2530 years, provided there are conditions to facilitate trading, leasing and sharing of rights, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.
Amendment 686 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities may takeshould, if necessary in order to ensure effective competition pursuant to point 1 of this Article, consider appropriate measures such as:
Amendment 696 #
Proposal for a directive
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
In order to ensure efficient use of spectrum and coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations, the Commission may, by way of an implementing measure:
Amendment 701 #
Proposal for a directive
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
The Commission shall, in its efforts to establish common maximum dates by which the use of specific harmonised radio spectrum bands shall be authorised, as set out in this Article, take into utmost consideration the need to ensure a swift harmonisation of spectrum bands which have been identified by the RSPG in its opinion on spectrum related aspects for next-generation wireless systems (5G) as 'pioneer' bands for use by 2020, in particular spectrum in the 3.4-3.8 GHz and the 24.25-27.5 GHz, as well as additional bands which the RSPG identifies as particularly important to this end.
Amendment 725 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely whe where the reach, coverage and user uptake corresponds to that of number-based services and where strictly necessary in order to ensure access to emergency services or end-to-end connectivitymmunication between end-users is endangered due to a lack of interoperability between interpersonal communications services, obligations on providers of number- independent interpersonal communications services to make their services interoperable.
Amendment 741 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations uponto meet reasonable request to grants for access to wiring and cables inside buildings or up to the firsta concentration or distribution point where that point ias clocated outside the buildingse to end-users as possible, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. Under special circumstances, when access regulation is imposed beyond the first concentration or distribution point, national regulatory authorities may impose active or virtual access to such wiring and cables.
Amendment 751 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 762 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:
Amendment 783 #
Proposal for a directive
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2 a. Member States may ensure that national regulatory authorities may, on the grounds that the replication of infrastructure to end-users would be economically inefficient or physically impracticable, impose obligations upon reasonable request to grant access to network elements and to settle disputes concerning this access. Such access shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions that allow replicability. When imposing such access the national regulatory authority shall do so proportionately, taking into account the future economic and financial viability of investments in new network elements, and solely if it is aimed at preventing or countering consumer harm and enabling maximum consumer benefits in terms of choice, price and quality on the basis of effective competition. It shall also respect the objective of promoting access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses.
Amendment 1019 #
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 todone through co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and 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 infrastructure;
Amendment 1036 #
Proposal for a directive
Article 74 – paragraph 1 – point 1 (new)
Article 74 – paragraph 1 – point 1 (new)
(1) In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.