14 Amendments of Herbert REUL related to 2013/0080(COD)
Amendment 26 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks (Text with EEA relevance)
Amendment 36 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Digital Agenda has also identified the need for policies to lower the costs of broadband deployment in the entire territory of the Union, including proper planning and coordination, cross-sectoral, convergent use of existing communications infrastructure, including modern broadcasting technology infrastructure, better regulation and reducing administrative burdens.
Amendment 38 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rolling out of high-speed fixed and wireless electronic communications networks across the Union requires substantial investments a significant portion of which is represented by the cost of civil engineering works. The abandonment of (some) cost-intensive civil engineering work can contribute to effective broadband delivery.
Amendment 44 #
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. MoreoverTherefore, synergies across sectors may significantlyshould also be explored to see whether they can reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this Regulation should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use suitable existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this Regulation should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 49 #
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 orprovided that the physical infrastructure its ownership. Without prejudice to the pursuinot ruled out ofn 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 Agendaechnical or health- related grounds and that its ownership and any user rights are respected.
Amendment 51 #
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 ownership. Without prejudice to the pursuit of the specific general interest linked to the provision of the main service, synergies across network operators, including the integration of all available technologies, should be encouraged in order to contribute at the same time to achieving the targets of the Digital Agenda.
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) ‘network operator’ means an electronic communications network provider as well as an undertaking providing a physical infrastructure intended to provide: a service of production, transport or distribution of gas, or electricity, including public lighting, heating, water, including disposal or treatment of waste water and sewage;; or transport services, including railways, roads, ports and airports;
Amendment 81 #
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, provided that the deployment has the approval of the owners and the authorities responsible.
Amendment 84 #
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 allconsider 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, and should propose terms for the shared use of its physical infrastructure.
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The network operator shall state the reasons for any refusal within onesix months from the written request for access.
Amendment 107 #
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 determina recommendation of fairn 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 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.
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
(4) Where minimum information referred to in paragraph 1 is not available via the single information point, network operators shall provide access to such information upon specific written request of an undertaking authorised to provide electronic communications networks. The request shall specify the area concerned in view of deploying elements of high-speed electronic communications networks. Access to information shall be granted within onesix months from the written request under proportionate, non-discriminatory and transparent terms, without prejudice to limitations pursuant to paragraph 1.
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6