20 Amendments of Anne LAPERROUZE related to 2007/0247(COD)
Amendment 112 #
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 117 #
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 139 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequenciesas far as possible.
Amendment 142 #
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 155 #
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 159 #
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 160 #
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 188 #
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 284 #
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
Article -7a (new)
Amendment 390 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation DirectiveThis article does not apply to restrictions introduced by the Member States in order to promote cultural and media policy objectives, for example cultural and linguistic diversity and media pluralism.
Amendment 430 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market, and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
Amendment 431 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa;
Amendment 436 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa;
Amendment 443 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or intended by Member States to be used for broadcasting services;
Amendment 454 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;
Amendment 464 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 469 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to the promotion of cultural and linguistic diversity and media pluralism.
Amendment 477 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures referred to in points (a) to (c) of paragraph 1, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSCP.
Amendment 755 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 830 #
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) (d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to the mechanisms provided for by the Member States with a view to replacing the user rights obligation by an obligation to meet specific general interest objectives;