23 Amendments of Jean-Pierre AUDY related to 2011/0187(COD)
Amendment 80 #
Proposal for a regulation
Recital 19
Recital 19
(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should be proportional and in line with the needs of those seeking access, be they mobile network operators, virtual mobile network operators or retailers. They should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.
Amendment 91 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution in roaming services will require a reasonable period for operators to adapt at the technical level, and therefore will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those services at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could. These price caps should also take into account the objectives set out in Article 8 of the 'framework' directive, in particular the need to promote effective investment and innovation, as well as those set out in the Commission communication of 26 August 2010 on a digital agenda for Europe COM(2010)0245), in particular broadband coverage and the potential contribution of mobile networks thereto. The price caps could subsequently be removed.
Amendment 93 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Operators charging roaming tariffs which are substantially similar to domestic rates should be exempt from the obligation to provide for the separate sale of roaming services, this exemption being subject to mobile coverage obligations imposed by the Member States.
Amendment 99 #
Proposal for a regulation
Recital 28
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to the part of the tariff that is charged for the provision of value added services.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘home provider’ means an undertakingoperator that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller; this includes any other roaming service provider;
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) ‘Union-wide roaming’ means the use of a mobile telephone or other device by a roaming customer to make or receive intra- Union calls, to send or receive SMS messages, or to use packet switched data communications, while in a Member State other than that in which that customer's home network is located, by means of arrangements between the operator of the home network and the operator of the visited network;
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘'direct wholesale roaming access’' means the making available of facilities and/or services to another undertakingby the visited network operator to an operator, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
Article 2 – paragraph 2 – point o a (new)
(oa) 'wholesale roaming resale' means the sale of wholesale roaming access by an operator different from the visited network operator, usually covering several visited networks in several Member States;
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for direct wholesale roaming access from any operator, including those from mobile virtual network operators and resellerswholesale resellers, as well as all reasonable requests for wholesale roaming resale from any mobile virtual network operator or retail reseller that they host. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. WDirect wholesale roaming access request shall be granted within a two month period from the receipt of the request by the network operator. The access should be implemented in a reasonable period of time and less than six months.
Amendment 155 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. HWith effect from 1 March 2014, home providers shall enable their subscribcustomers to access voice, SMS and data roaming services of any interconnected alternative roaming provider who has been granted access in order to provide separate roaming services, as provided for in Article 5.
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 July 2014Before the date mentioned in paragraph 1, home providers shall inform all their roaming customers of the possibility to unsubscrin a clear, comprehensive and easily accessible from their existing roaming services andorm about the possibility to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period, temporarily or permanently. Roaming customers shall have the right to opt for an alternative roaming provider at any moment, temporarily or permanently, in line with paragraphs 3 and 4.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working daya reasonable period of time defined in the guidelines laid down by BEREC with regard to an harmonized solution for the separate provision of roaming services, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 171 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
Amendment 191 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 JulyMarch 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ onshall meet reasonable requests for access to, and use of, corresponding specific network elements and associated facilities such as the access to the same SIM card andor the use of the same terminal alongside domestic mobile services. Pricing for interconnectionwholesale access related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to a harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. solution for the separate provision of roaming services. This solution shall observe objective criteria and minimum requirements including in particular meet the following essential requirements: - simultaneous implementation of the technical solutions across the Union; - ability for end-users to keep their existing mobile phone number; - easy and quick switch for end-users to an alternative roaming provider and between alternative roaming providers while retaining their domestic operator; - technical ability for Union citizens to continue roaming in third countries and for third-country citizens to continue roaming in the Union; - technical feasibility, - proportionality of costs incurred by each party, - impact on competition (both at retail and wholesale levels), - network integrity (including user authentication and identification) and - protection of commercial and personal data held by operators. The BEREC guidelines should in particular cover technical aspects relating to the facility for separate roaming services and harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. BEREC shall keep the guidelines under review and, taking into account their practical application, issue revised guidelines if necessary to achieve the essential requirements in a more effective or efficient manner.
Amendment 202 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Where access is refused, the aggrieved party may submit the case to the dispute resolutions procedure referred to in Articles 20 and 21 of Directive 2002/21/EC. When settling such a dispute, national regulatory authorities shall take the utmost account of BEREC guidelines, as provided for in Article 3 of Regulation 1211/2009 and, if applicable, implementing acts.
Amendment 203 #
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
When all the offers of an operator meet the conditions set up in article 4(6a), requests brought to this operator by other operators for access to, and use of, corresponding specific network elements and associated facilities for the purpose of separate sale of roaming services, as described in paragraphs 1 to 6 of Article 4 , may be turned down.
Amendment 204 #
Proposal for a regulation
Article 5 – paragraph 4 c (new)
Article 5 – paragraph 4 c (new)
For the purposes of ensuring the uniform implementation of paragraph 3, the Commission, taking utmost account of the guidelines of BEREC, may adopt implementing acts to further harmonize practical modalities allowing the separate sale of roaming services. These possible implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5a(2).
Amendment 205 #
Proposal for a regulation
Article 5 – paragraph 4 d (new)
Article 5 – paragraph 4 d (new)
The Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC. That committee shall be a committee within the meaning of Regulation 182/2011. Where reference is made to this paragraph, Article 5 of Regulation 182/2011 shall apply.
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013 , and to EUR 0,08 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.
Amendment 262 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 20167.
Amendment 297 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 20167.