Activities of Edit HERCZOG related to 2013/0080(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks PDF (334 KB) DOC (458 KB)
Amendments (23)
Amendment 50 #
Proposal for a regulation
Recital 12
Recital 12
(12) In view of their low degree of differentiation, physical facilities of such networks can often host at the same time a wide range of electronic communications network elements, including those capable of delivering broadband access services at speeds of at least 30 Mbps in line with the technological neutrality principle, without affecting the main service conveyed and with minimum adaptation costs. Therefore a physical infrastructure that is intended to only host other elements of a network without becoming itself an active network element, can be in principle used to accommodate electronic communications cables, equipment or any other element of electronic communications networks, regardless of its actual use or its ownershipin the absence of any security concerns or future business interests of the owners of the infrastructure. Without prejudice to the pursuit of the specific general interest linked to the provision of the main service, synergies across network operators should be encouraged in order to contribute at the same time to achieving the targets of the Digital Agenda.
Amendment 55 #
Proposal for a regulation
Recital 13
Recital 13
(13) While this Regulation should be also without prejudice to any specific safeguard needed to ensure the safety, security and integrity of the networks as well as to ensure that the main service provided by the network operator is not affected, general rules in national legislation prohibiting network operators to negotiate access to physical infrastructures by electronic communications network providers could prevent the establishment of a market for access to physical infrastructures and should therefore be abolished. At the same time, the measures provided in this Regulation are without prejudice to the possibility of the Member States to render the provision of infrastructure access by utilities operators more attractive by excluding revenues stemming from this service from the basis for the calculation of end-users tariffs for their main activity or activities, in accordance with applicable EU law.
Amendment 57 #
Proposal for a regulation
Recital 15
Recital 15
(15) When electronic communications networks providers request access in a specified area, network operators should make available an offer for the shared use of their facilities under fair terms and conditions, including price, unless access is refused based on objective reasons. Depending on circumstances, several elements could influence the conditions under which such access is granted, such as: any additional maintenance and adaptation costs; any impact on capacity and performance linked to the provision of the main service; any preventive safeguards to be adopted to limit adverse impacts on network safety, security and integrity; any specific liability arrangements in the event of damages; the use of any public subsidy granted for the construction of the infrastructure, including specific terms and conditions attached to the subsidy or provided under national law in compliance with Union law; the ability to deliver or provide infrastructure capacity to meet or service public service obligations, any constraints stemming from national provisions aiming at protecting the environment, public health, public security or to meet town and country planning objectives. The incremental costs that would arise when performing future civil works on a network, irrespective of who has initiated these works, and that are generated by the presence of elements of electronic communications networks, can be allocated to the undertakings to whom these elements of electronic communications networks belong.
Amendment 58 #
Proposal for a regulation
Recital 16
Recital 16
(16) In the event of disagreement in commercial negotiation on technical and commercial terms and conditions each party should be able to call on a dispute resolution body at national level to impose a solution to the parties, in order to avoid unjustified refusals to deal or the imposition of unreasonable conditions. When determining prices for granting access, the dispute resolution body should take into account the investments made on the physical infrastructure, the potential for leakage of state aid, and the views of any relevant economic regulators for the infrastructure sectors concerned. In the specific case of access to physical infrastructures of electronic communications network operators, the investments made in this infrastructure may directly contribute to the objectives of the Digital Agenda for Europe and downstream competition may be influenced by free-riding. Hence, any access obligation should take into account the economic viability of these investments based on any time schedule for the return on investment. Dispute Resolution Bodies should also be mindful of any impact of access on capacity and performance in the provision of the main service, any impact of access on downstream competition, any depreciation of the network assets at the time of the access request, any business case underpinning the investment done, in particular in recently built physical infrastructures used for the provision of high-speed electronic communications services, and any possibility offered to the access seeker to co-deploy.
Amendment 80 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Every network operator shall have the right to offer access to its physical infrastructure in view of deployment of elements of high-speed electronic communications networks, reciprocally, electronic communications network operators shall have the right to offer access to its physical infrastructure in view of deployment of other networks.
Amendment 83 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Upon specific written request of an undertaking authorised to provide electronic communications networks, any network operator shall have the obligation to meet all reasonable requests for access to its physical infrastructure under fair terms and conditions, including price, in view of deploying elements of high-speed electronic communications networks. The obligation of network operators to meet all reasonable access requests under fair terms and conditions should be without prejudice to their obligation to respect the Union rules on state aid in case of government funded or guaranteed investment in infrastructure.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b
Article 3 – paragraph 3 – subparagraph 1 – point b
(b) current and future availability of space to host the elements referred to in point (a);
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) integrity, safety and security of any network already deployed;
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e
Article 3 – paragraph 3 – subparagraph 1 – point e
(e) the availability or planned availability under published deployment plans of alternative means of wholesale physical network infrastructure access provided by the network operator and suitable for the provision of high-speed electronic communications networks.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e a (new)
Article 3 – paragraph 3 – subparagraph 1 – point e a (new)
(ea) the high risk for the physical safety of workers accessing infrastructures other than those they were originally trained to operate with;
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e b (new)
Article 3 – paragraph 3 – subparagraph 1 – point e b (new)
(eb) the proportional usage of the available space, so that a network operator that owns the physical infrastructure could reserve space for its own future investments.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e c (new)
Article 3 – paragraph 3 – subparagraph 1 – point e c (new)
(ec) the planned availability of alternative means of wholesale physical network infrastructure access, in the case national plans for the deployment of European Rail Traffic Management System exist.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e d (new)
Article 3 – paragraph 3 – subparagraph 1 – point e d (new)
(ed) conditions whereby granting access to underground transport systems could result in disruption to long term investment and upgrades and/or result in travel disruption with a disproportionate economic impact.
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point e e (new)
Article 3 – paragraph 3 – subparagraph 1 – point e e (new)
(ee) exclusive contractual arrangements between network operators and their customers exist;
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national dispute settlement body referred to in paragraph 4 shall, taking full account of the principle of proportionality, issue a binding decision to resolve the dispute initiated pursuant to paragraph 4, including the determination of fair terms, conditions and prices where appropriate, within the shortest possible time frame and in any case within four months, without prejudice to the possibility of any party to refer the case to a court. Any price set by the dispute settlement body, state aid law, national infrastructure output statement, member state infrastructure funding agreement and PSO contract shall take into account the impact of the requested access on the business plan underpinning the investments made by the network operator to whom access is requested, in particular in case of recently built physical infrastructures used for the provision of high-speed electronic communications services. The national settlement body in its decisions shall also take into account the economic viability of these investments based on any time schedule for the return on investment, any impact of access on capacity and performance, any impact of access on downstream competition, any depreciation of the network assets at the time of the access request, and any possibility offered to the access seeker to codeploy.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, every undertaking authorised to provide electronic communications networks shall have the right to access, upon request, via a single information point, the following set of minimum information concerning the existing physical infrastructure of any network operator provided this does not affect the safety, integrity and security of the network:
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Access to the minimum information for the specified area shall be granted forthwith in electronic form under proportionate, non- discriminatory and transparent terms. Access to the minimum information may be limited by the single information point only when considered necessary in view of the security of the networks and their integrity or operating and business secrets. In view of safeguarding national security and the security and the integrity of certain elements of, and or areas on a network, Member States may decide to exempt certain areas from the obligation to grant the set of minimum information in electronic form. In these cases the access to minimum information may be limited to an examination in the offices of the network operator. Any such measure shall be notified to the Commission.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 10 a (new)
Article 4 – paragraph 10 a (new)
10a. In all the cases listed in paragraphs 1, 2,3 4, 5 and 6, the undertaking requesting access to information should limit the number of persons having access to such data, guarantee the confidentiality of the data, and should not distribute it to any third-party.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Every network operator shall have the right to negotiate agreements concerning coordination of civil works with undertakings authorised to provide electronic communications networks in view of deploying elements of high-speed electronic communications networks, as well as, developing its own networks.
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. All newly constructed buildings at the end-user's location, including elements under joint ownership, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a technology neutral, high-speed-ready in- building physical infrastructure, up to the network termination points. The same obligation applies in the event of major renovation works for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 157 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. All newly constructed multi-dwelling buildings, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a technology neutral concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high- speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi- dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The national regulatory authority which fulfils the tasks provided in Article 20 of Directive 2002/21/EC shall perform the function of the national dispute settlement body referred to in Article 3 (4), Article 4 (9), Article 5 (4) and Article 8(3), unless the Member State appoints other competent bodies. If the Member States decides to appoint the national regulatory authority which fulfils the tasks provided in Article 20 of Directive 2002/21/EC as the national dispute settlement body, this shall be obliged to seek the opinion of the sector regulators before adopting any binding decision concerning the determination of fair terms, conditions or prices.
Amendment 176 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The national regulatory authority which fulfils the tasks provided in Article 20 of Directive 2002/21/EC shall perform the functions of the single information point referred to in Article 4 and Article 6, unless the Member State appoints other competent bodies, in particular a body of the public sector at a national or local level.