Activities of Jean-Pierre AUDY related to 2010/0252(COD)
Plenary speeches (1)
Radio spectrum policy (debate)
Amendments (32)
Amendment 73 #
Proposal for a decision
Recital 7
Recital 7
(7) Ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations, auctions or infrastructure sharing. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.
Amendment 115 #
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rightConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. The feasibility of freeing up of additional spectrum for wireless broadband services shall be assessed to meet the increasing demand for mobile traffic. Further mobile service spectrum allocations should be evaluated in relation with the inventory lead in article 8 and depending on future capacity requirements for wireless broadband services and use of spectrum for other usages.
Amendment 121 #
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. The feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC should be assessed in relation with the inventory of existing uses of and emerging needs for spectrum and depending on use of spectrum for other usages.
Amendment 132 #
Proposal for a decision
Recital 17
Recital 17
(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types; while achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral.
Amendment 154 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Amendment 163 #
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Decision covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, energy and audio- visual.
Amendment 166 #
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:
Amendment 167 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
Amendment 173 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, at the same time taking account of spectrum’s great social, cultural and economic value;
Amendment 180 #
Proposal for a decision
Article 2 – point b
Article 2 – point b
Amendment 188 #
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the least onerousmost appropriate authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 196 #
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteeing the functioningdevelopment of the internal market and digital services, in particular by ensuring effective competition.
Amendment 198 #
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteepromoting the functioning of the internal market, in particular by ensufostering effective competition.
Amendment 201 #
Proposal for a decision
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) promoting innovation;
Amendment 204 #
Proposal for a decision
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) in defining the technical conditions of the use of spectrum, take full account of the relevant EU law on human health of electromagnetic field emissions.
Amendment 205 #
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 211 #
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives; , while taking account of major general interest objectives, such as cultural diversity and media pluralism , and the interests of the various spectrum users;
Amendment 220 #
Proposal for a decision
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) ensure that sufficient and appropriate spectrum is allocated for wireless services, in order to meet the rapidly growing demand for mobile data transfer, thereby fostering the development of commercial and public services;
Amendment 231 #
Proposal for a decision
Article 3 – point b
Article 3 – point b
(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through thea consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening of harmonised spectrum to new advanced services, and the possibility to trade spectrum rights in accordance with the existent regulatory framework;
Amendment 242 #
Proposal for a decision
Article 3 – point g
Article 3 – point g
(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions and apply them in a technology and service neutral way.
Amendment 248 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.
Amendment 272 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market for in a substantial part of it. electronic communications services in accordance with article 9(7) of Directive 2002/21/EC and 5(6) of Directive 2002/20/EC.
Amendment 289 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competitionfor electronic communications services avoid undue delays and promote effective competition for the benefit of EU citizens and consumers.
Amendment 302 #
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services; in order to ensure harmonisation, the use of the 3.4-3.8 GHz band should be based on the outcome of the ongoing work of standardisation bodies.
Amendment 308 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission mayshould authorise specific derogations until 2015the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available for new applications, in relation with the inventory lead in article 8.
Amendment 322 #
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission, in cooperation with Member States, is invited to evaluate the need for and the feasibility of the harmonisation and use of additional spectrum bands for wireless broadband services in relation with the inventory lead in article 8 and in accordance with the existent regulatory framework . The Commission shall continuously monitor the capacity requirements for wireless broadband services and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands. Member States shall ensure that, where appropriate, the cost of migration or re- allocation of spectrum usage is adequately compensated in accordance with national law
Amendment 333 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, theyMember States and the Commission shall examine ways and, where necessary, take appropriate, take measures to ensure that the freeing of the 800 MHz band does not adversely affectsufficient spectrum is available for programme making and special events (PMSE) users.
Amendment 342 #
Proposal for a decision
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission, in cooperation with Member States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC in relation with the inventory lead in article 8 and depending on use of spectrum for other usages.
Amendment 370 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide the Commission with all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. bands that could be subject to future reallocation, e.g., due to inefficient or no use or technological development. The resulting inventory shall help the Commission in identifying spectrum bands that could be suitable for harmonisation in order to support Union policies set out in this decision. It should also promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.
Amendment 381 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 391 #
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 402 #
Proposal for a decision
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations withand multilateral negotiations with third countries, in particular non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.