40 Amendments of Patrizia TOIA related to 2016/0288(COD)
Amendment 529 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 582 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States may allow the competent authority to impose fees for the rights of use for radio spectrum or rights to install facilities on, over or under public or private property that are used for the provision of electronic communications services or networks and associated facilities which ensure the optimal use of these resources. Member States shall ensure that such fees shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their actual intended purpose of the use of the radio spectrum rights and shall take into account the objectives in Articles 3, 4 and 45(2), as well as:
Amendment 817 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
Amendment 826 #
Proposal for a directive
Article 65 – paragraph 2 – point a a (new)
Article 65 – paragraph 2 – point a a (new)
(a a) a market structure which does not tend towards effective competition within the relevant time horizon
Amendment 827 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retail level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 844 #
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
Amendment 891 #
Proposal for a directive
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. National regulators should however not impose access to ducts, conduits, inspection chambers, manholes, and cabinets from wholesale-only operators in the sense of Article 77, when these operators offer a viable and similar alternative means of access to end-users in accordance with Article 3(3) of the Directive 2014/61/EU.
Amendment 902 #
Proposal for a directive
Article 71 – title
Article 71 – title
Obligations of access to, and use of, specific network facilitieentire and shared physical network elements
Amendment 905 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Amendment 912 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Amendment 919 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specifiedobligations of access to, and use of, specific entire physical network elements and/or associated facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments
Amendment 923 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;
Amendment 924 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b
Article 71 – paragraph 1 – subparagraph 2 – point b
Amendment 925 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c
Article 71 – paragraph 1 – subparagraph 2 – point c
Amendment 930 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
Article 71 – paragraph 1 – subparagraph 2 – point d
Amendment 932 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e
Article 71 – paragraph 1 – subparagraph 2 – point e
Amendment 933 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
Amendment 935 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g
Article 71 – paragraph 1 – subparagraph 2 – point g
Amendment 936 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h
Article 71 – paragraph 1 – subparagraph 2 – point h
Amendment 937 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i
Article 71 – paragraph 1 – subparagraph 2 – point i
Amendment 938 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3
Article 71 – paragraph 1 – subparagraph 3
Amendment 943 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. WThen national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assy shall take account in particular of the following factors:(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial invesstment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
Amendment 948 #
Proposal for a directive
Article 71 – paragraph 2 – point a
Article 71 – paragraph 2 – point a
Amendment 949 #
Proposal for a directive
Article 71 – paragraph 2 – point b
Article 71 – paragraph 2 – point b
Amendment 953 #
Proposal for a directive
Article 71 – paragraph 2 – point c
Article 71 – paragraph 2 – point c
Amendment 954 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
Amendment 959 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
Amendment 967 #
Proposal for a directive
Article 71 – paragraph 2 – point f
Article 71 – paragraph 2 – point f
Amendment 968 #
Proposal for a directive
Article 71 – paragraph 2 – point g
Article 71 – paragraph 2 – point g
Amendment 972 #
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article,This is without prejudice to national regulatory authorities may lay down technical or opgiving considerational con in additions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid downimposing each of the obligations on an operator in accordance with Article 3972.
Amendment 974 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
Amendment 984 #
Proposal for a directive
Article 72 a (new)
Article 72 a (new)
Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose: (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.
Amendment 1001 #
Proposal for a directive
Article 74
Article 74
Amendment 1038 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Article 75 – paragraph 1 – subparagraph 1
Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failed to achieve effective competition and that there are important and persisting competition problems and/or 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 66(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 or in a separate legal entity.
Amendment 1040 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2
Article 75 – paragraph 1 – subparagraph 2
Amendment 1041 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2 a (new)
Article 75 – paragraph 1 – subparagraph 2 a (new)
Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.
Amendment 1042 #
Proposal for a directive
Article 75 – paragraph 2 – introductory part
Article 75 – paragraph 2 – introductory part
2. When a national regulatory authority intends to impose an obligation for functional or legal separation, it shall submit a proposal to the Commission that includes:
Amendment 1044 #
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 4
Article 76 – paragraph 2 – subparagraph 4
On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32, applying, if appropriate, the provisions of Article 77. In its decision, the national regulatory authority may make the commitments binding, wholly or in part. By way of exception to Article 65(5), the national regulatory authority may make some or all commitments binding for the entire period for which they are offered.
Amendment 1050 #
Proposal for a directive
Article 77 – paragraph 2 a (new)
Article 77 – paragraph 2 a (new)
2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.
Amendment 1051 #
Proposal for a directive
Article 77 – paragraph 4
Article 77 – paragraph 4