33 Amendments of Patrizia TOIA related to 2013/0309(COD)
Amendment 158 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Digital Agenda for Europe (DAE), one of the flagship initiatives of Europe 2020 Strategy, has already recognised the role of ICT and network connectivity as an indispensable basis for the development of our economy and society. For Europe to reap the benefits of digital transformation, the Union needs a dynamic single market in electronic communications for all sectors and across all of Europe. Such a truly single communications market will be the backbone of an innovative and 'smart' digital economy and a foundation of the digital single market where online services can freely flow across borders within a single, open, standardised and interoperable framework.
Amendment 164 #
Proposal for a regulation
Recital 4
Recital 4
(4) A truly single market for electronic communications should promote competition, investment and innovation in new and enhanced networks and services by fostering market integration and cross- border service offerings. It should thus help to achieve the ambitious high-speed broadband targets set out in the DAE and facilitate the emergence of services and applications that are able to exploit open data and formats in an interoperable, standardised and safe way, ensuring that they are available at the same functional and non-functional levels throughout the Union. The growing availability of digital infrastructures and services should in turn increase consumer choice, quality of service and diversity of content, and contribute to territorial and social cohesion, as well as facilitating mobility across the Union.
Amendment 167 #
Proposal for a regulation
Recital 5
Recital 5
(5) The benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes Union equipment manufacturers, content and application providers and the wider economy, covering sectors such as banking, automotive, logistics, retail, energy and transport, medicine, mobility and transport, and the intelligent management of emergencies and natural disasters, which rely on connectivity and broadband to enhance their productivity, quality and end-user provision through, for example, ubiquitous cloud applications, connectedadvanced analysis of big data from communications networks, connected and interoperable objects and possibilities for integrated cross-border service provision for different parts of the company, against a background of open-standard system interoperability and open data. Public administrations and the health sector should also benefit from a wider availability of e-government and e- health services. The offer of cultural content and services, and cultural diversity in general, may be also enhanced in a single market for electronic communications. The provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society and to the smart cities of the future that unjustified sector- specific burdens, whether regulatory or otherwise, should be avoided.
Amendment 170 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation aims at the completion of the single electronic communications market through action on three broad, inter-related axes. First, it should secure the freedom to provide electronic communications services across borders and networks in different Member States, building on the concept of a single EU authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector-specific regulation throughout the Union. Second, it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross-border provision of electronic communications networks and services, not only for wireless broadband communications, for which both licensed and unlicensed spectrum is key, but also for fixed line connectivity. Third, in the interests of aligning business conditions and building the digital confidence of citizens, this Regulation should harmonise rules on the protection of end-users, especially consumers. This includes rules on non- discrimination, contractual information, termination of contracts and switching, in addition to rules on access to online content, applications and services and on traffic management, traffic management and shared, common standards on end-user privacy and data protection and security, which not only protect end-users but simultaneously guarantee the continued functioning of the Internet ecosystem as an engine of innovation. In addition, further reforms in the field of roaming should give end-users the confidence to stay connected when they travel in the Union, and should become over time a driver of convergent pricing and other conditions in the Union.
Amendment 184 #
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 of securing 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. Several EU Member States have fallen behind other global regions, such as North America and parts of Asia, in terms of the roll-out and penetration of the latest generation of wireless broadband technologies, thereby holding the Union back from achieving such strategic goals. 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 in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 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).
Amendment 192 #
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 services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 195 #
Proposal for a regulation
Recital 19
Recital 19
(19) Electronic communications services providers, including mobile operators or consortia of such operators, should be able to collectively organise the efficient, technologically modern, advanced and affordable coverage of a vast part of the Union's territory to the long-term benefit of end users, and therefore use radio spectrum across several Member States with similar conditions, procedures, costs, timing, duration in harmonised bands, and with complementary radio spectrum packages, such as a combination of lower and higher frequencies for coverage of densely and less densely populated areas. Initiatives in favour of greater coordination and consistency would also enhance the predictability of the network investment environment. Such predictability would also be greatly favoured by a clear policy in favour of long-term duration of rights of use related to radio spectrum, without prejudice to the indefinite character of such rights in some Member States, and linked in its turn to clear conditions for the transfer, lease or sharing of part of all of the radio spectrum subject to such an individual right of use.
Amendment 204 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Consistency and clear sharing among the Member States of their levels of protection, privacy and security of customer data, in order to ensure high common standards as regards privacy and the protection and security of sensitive or private end-user data.
Amendment 207 #
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, tThe convergent application by individual Member States of the regulatory principles and criteria set down in this Regulconcerning the European single market for electronic communications 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 213 #
Proposal for a regulation
Recital 25
Recital 25
(25) Considering the massive growth in radio spectrum demand for wireless broadband, solutions for alternative spectrally efficient access to wireless broadband should be promoted. This includes, but is not restricted to, the use of low-power wireless access systems with a small-area operating range such as so called 'hotspots' of radio local area networks (RLAN, also known as 'Wi-Fi'), as well as networks of low-power small size cellular access points (also called femto-, pico- or metrocells).
Amendment 214 #
Proposal for a regulation
Recital 27
Recital 27
(27) Most RLAN access points are so far used by private users as a local wireless extension of their fixed broadband connection. If end users, within the limits of their own internet subscription, choose to share access to their RLAN with others, the availability of a large number of such access points, particularly in densely populated areas, should maximise wireless data capacity through radio spectrum re- use and create a cost-effective complementary wireless broadband infrastructure accessible to other end users. Therefore, unnecessary restrictions for end users to share access to their own RLAN access points with other end users or to connect to such access points, should be removed or prevented.
Amendment 243 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 244 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute data and information or run applications and services of their choice. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 269 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 285 #
Proposal for a regulation
Recital 57
Recital 57
(57) With respect to terminal equipment, contracts should specify, clearly and comprehensibly, any restrictions imposed by the provider on the use of the equipment, for example by way of ‘SIM- locking’ mobile devices, and any charges due on termination of the contract prior to the agreed expiry date. No charges should be due after expiry of the agreed contract duration.
Amendment 286 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to avoid bill shocks, end- users should be able to define maximum financial limits for the charges related to their usage of calls and internet access services. This facility should be available free of charge and involve simple procedures, with an appropriate notification that can be consulted again subsequently, when the limit is being approached. Upon reaching the maximum limit, end-users should no longer receive or be charged for those services unless they specifically request the continued provision as agreed with the provider.
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) providers of electronic communications services and networks have the right, the ability and the incentive to develop, extend and operate their networks and to provide servicesinteroperable services at European level, based on standardised open data and formats, irrespective of where the provider is established or its customers are situated in the Union,
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) citizens and businesses have the right and the possibility to access competitive, secure and reliable electronic communications services, with common rules to guarantee high standards of protection, privacy and security of their personal data, irrespective of where they are provided from in the Union, without being hampered by cross-border restrictions or unjustified additional costs.
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) to facilitate innovative and high-quality service provision;, through, for instance, open data in standard interoperable formats held by the operators themselves in aggregate forms that cannot be traced back to individual users, in order to promote the emergence of new value- added services and applications, to develop, for example, ‘smart cities’ in keeping with the objectives of the Digital Agenda for Europe.
Amendment 334 #
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, efficientcy and primary use are harmonised at Union level, in particular pursuant toaccordance with Directive 2002/21/EC, and with 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 396 #
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, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 398 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In the exercise of powers conferred in this section, the Commission shall take utmost account of any relevant opinion issued by the Radio Spectrum Policy Group (RSPG) established by Commission Decision 2002/622/EC28. and of the indications and guidelines issued by BEREC on the matters within its competence. __________________ 28 Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group (OJ L 198, 27.07.2002, p. 49).
Amendment 401 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Harmonisation of certain aspects relating to transfer, lease or sharing of individual rights to use radio frequencies and their duration 1. Without prejudice to the application of competition rules to undertakings, the following shall apply with respect to the transfer, lease or sharing of rights of use of spectrum, or parts thereof, identified in Article 6(8) of Decision No 243/2012/EU: (a) Member States shall make current details of all such rights of use publicly available in a standardised electronic format; (b) Member States may not refuse to allow a transfer or lease to an existing holder of such rights of use; (c) in cases not covered by point (b), Member States may refuse a transfer only where it is found that there is a clear risk that the new holder would be unable to meet the existing conditions for the right of use; (d) in cases not covered by point (b), Member States may not refuse a lease where the transferor undertakes to remain liable for meeting the existing conditions for the right of use. (e) Member States should promote licensed shared access to spectrum within the actual authorization regime. The sharing may be imposed by the member State in order to ensure efficient spectrum use. 2. Any administrative charge imposed on undertakings in connection with processing an application for the transfer, lease or sharing of spectrum shall, in total, cover only the administrative costs, including ancillary steps such as the issuance of a new right of use, incurred in processing the application. Any such charges shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges. Article 12(2) of Directive 2002/20/EC shall apply to charges imposed under this paragraph.
Amendment 405 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 406 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high-speed wireless broadband communications converge and which enables planning and provision of integrated, interoperable, open multi- territorial networks and services, based on shared standards, and economies of scale, thereby fostering innovation, economic growth and the long-term benefit of end users.
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
e a) preventing any harmful interference
Amendment 585 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 604 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 605 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service, provided that this does not undermine the overall quality of internet access, unless in emergency conditions or due to a genuine substantiated need.
Amendment 706 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Providers of electronic communications to the public shall, save for offers which are individually negotiated, publish transparent, comparable, comprehensible, adequate and up- to-date information on:
Amendment 715 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The information shall be published in a clear, comprehensexhaustive and easily accessible formand comprehensible form, through the use of standardised and open file formats, in the official language(s) of the Member State where the service is offered, and be updated regularly. The information shall, on request, be supplied to the relevant national regulatory authorities in advance of its publication. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit.
Amendment 737 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Porting of numbers and their activation shall be carried out within the shortest possible time and in any case within no longer than four working days. To limit the number of cases in which a portability request is rejected or refused, the transferring provider must give a clear and detailed explanation of the reasons for such refusal. For end-users who have concluded an agreement to port a number to a new provider that number shall be activated within one working day from the conclusion of such agreement. Loss of service during the process of porting, if any, shall not exceed one working day.
Amendment 801 #
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical