26 Amendments of Andreas SCHWAB related to 2013/0309(COD)
Amendment 45 #
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.
Amendment 47 #
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 finite resource. It is indispensable to take account of the social, cultural and economic value of specuring 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, 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 trum as a whole. As laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council23, any additional spectrum for wireless broadband communications is linked with the review of the use of spectrum in the whole UHF band. According the Radio Spectrum Policy Programmo Article 6, paragraph 5 of the (RSPP) Decision 243/2012 of, the Commission will report to the European Parliament and the Council23 testifies to the urgency of action even within the term of the current RSPP. 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). by 1 January 2015 on whether there is a need for action to harmonise additional frequency bands. __________________ 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
Amendment 48 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality servEU Telecom Package as revised in 2009 establishes the principles for spectrum management. It recognizes Member States' competence with respect to cultural and audiovisual policies and wireless broadband operators of increased efficiency gains from large-scalgenerally leaves them the necessary scope mfore integrated opera actions. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrcontinue to endorse a dynamic approach to spectrum management, which recognizes Member Stateds' coverage of advanced wireless broadband communications servmpetence in this field and respects the cultural, audiovisual and media policies throughout the Union. At the same time,of each Member State. Sufficient flexibility is needed to accommodate specific national requirements and Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence. In cases of disputes between Member States over spectrum use, the Commission may coordinate and support dispute settlement.
Amendment 49 #
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on ‘Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bandslaid down in Directive 2002/21/EC.
Amendment 51 #
Proposal for a regulation
Recital 24
Recital 24
(24) As regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband, the convergent application by individual Member States of the regulatory principles and criteria set down in this Regulation would be favoured by a coordination mechanism whereby the Commission and the competent authorities of the other Member States have an opportunity to comment in advance of the granting of rights of use by a given Member State and whereby the Commission has an opportunity, taking into account the views of the Member States, to forestall implementation of any proposal which appears to be non- compliant with Union law.
Amendment 54 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 62 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 68 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesin demonstrated punctual cases of acute network congestion, provided that equivalent types of traffic are treated equally.
Amendment 71 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexiblespecial quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of open internet access services.
Amendment 93 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) ‘harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at Union level, in particular according to the provisions and procedures as laid down in Directive 2002/21/EC and pursuant to Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 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 111 #
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘open internet access service’ means a publicly available electronic communications service that provides connectivity to the internet at a level of quality that reflects the advances in technology, and thereby allows for connectivity between virtually all end points connected to the internet, irrespective of the network technology used; and without any restrictions to the legal content exchanged. It enables end-users to run any application utilising the electronic communication function of the Internet. Unrestricted Internet access service is based on the best efforts principle, the only exceptions allowed are proportionate technical traffic management measures or implementation of court order.;
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that is provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints;d and operated within a closed electronic communications network using the internet protocol, relying on strict admission control and that is not marketed or widely used as a substitute for internet access service;
Amendment 127 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This section shall apply to harmonised radio spectrum for wireless broadband communications according to Directive 2009/140/EC and Decision No 676/2002/EC with due regard to the provisions as laid down in Article 8a and 9 of Directive 2002/21/EC.
Amendment 128 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence while taking into account important general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users.
Amendment 133 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2a) Paragraph 2 shall not apply to the provisions according to Article 9, paragraph 3 and 4 of Directive 2002/21/EC.
Amendment 149 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 158 #
Proposal for a regulation
Article 23 – title
Article 23 – title
Amendment 172 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and serviceswhereas providers of Internet access services shall only be allowed to advertise with the minimum guaranteed data volume and speed they can provide for, not the maximum speed.
Amendment 176 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 181 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 190 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision ofEnd-users as well as content, application, and service providers, including the media and cultural industries and governments at all levels, shall be provided with complete information in accordance with Article 25(10 (2), Article 261 (2),3) and Article 27 (1)1a of Directive 2002/22/EC, including information on any reasonable traffic management measures applied that might affect access to and distribution of information, content, applications and services as specified in paragraphs 1 and (2)2.
Amendment 193 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 198 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
Amendment 212 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. National regulatory authorities shall put in place appropriate complaint procedures for issues regarding the performance of internet access service for end-users and providers of content, applications and services.
Amendment 213 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatoryopen internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitorensure that the effects of specialised services ondo not impair cultural diversity, media pluralism and innovation. National regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with Article 23 (5) taking the utmost account of the BEREC guidelines specified in paragraph 2 of this Article and in paragraph 3a of Article 21(3a) of the Directive 2002/22/EC. Reasonable traffic management measures shall be subject to periodic review to reflect advances in technology. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.