[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) the national, European and regional authorities have to work together to ensure that citizens have access to electronic communications services that are secure, reliable and competitively priced, wherever they may be based in the European Union.

2013/12/06
Committee: IMCO

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – introductory part

2. This Regulation establishes in particular regulatory principles pursuant to which the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the national and regional competent authorities shall act, each within its own competences, in conjunction with the provisions of Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC:

2013/12/06
Committee: IMCO

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – point c

(c) to favour investment and innovation in new and enhanced high-capacity infrastructures ~~which~~and to ensure that they reach throughout the Union and ~~which~~ can cater for evolving end-user demand, wherever they may be located in the European Union;

2013/12/06
Committee: IMCO

Jean-Pierre AUDY

Proposal for a regulation
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 and to pursue general interest objectives, in particular in the context of audiovisual and media policies.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 20

(20) Coordination and consistency of rights of use for radio spectrum should be improved~~, at least~~ for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It ~~should~~may also extend to bands ~~that may be~~ harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on "Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband" adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bands in accordance with Articles 8a and 9 of Directive 2002/21/EC.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
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 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).

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 31

(31) Experience in the implementation of the Union's regulatory framework indicates that existing provisions requiring the consistent application of regulatory measures together with the goal of contributing to the development of the internal market have not created sufficient incentives to design access products on the basis of harmonised standards and processes, in particular in relation to fixed networks. When operating in different Member States, operators have difficulties in finding access inputs with the right quality and network and service interoperability levels, and when they are available, such inputs exhibit different technical features. This increases costs and constitutes an obstacle to the provision of services across national borders.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 32

~~(32) The integration of the single market for electronic communications would be acc~~delerated through establishment of a framework to define certain key European virtual products, which are particularly important for providers of electronic communication services to provide cross- border services and to adopt a pan-Union strategy in an increasingly all-IP environment, based on key parameters and minimum characteristics.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 33

(33) The operational needs served by various virtual products should be addressed. European virtual broadband access products should be available in cases where an operator with significant market power has been required under the terms of the Framework Directive and the Access Directive to provide access on regulated terms at a specific access point in its network. First, efficient cross-border entry should be facilitated by harmonised products that enable initial provision by cross-border providers of services to their end customers without delay and with a predictable and sufficient quality, including services to business customers with multiple sites in different Member States, where this would be necessary and proportionate pursuant to market analysis. These harmonised products should be available for a sufficient period in order to allow access seekers and providers to plan medium and long term investments.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 34

(34) Secondly, sophisticated virtual access products that require a higher level of investment by access seekers and allow them a greater level of control and differentiation, particularly by providing access at a more local level, are key to creating the conditions for sustainable competition across the internal market. Hence, these key wholesale access products to next-generation access (NGA) networks should also be harmonised to facilitate cross-border investment. Such virtual broadband access products should be designed to have equivalent functionalities to physical unbundling, in order to broaden the range of potential wholesale remedies available for consideration by national regulatory authorities under the proportionality assessment pursuant to Directive 2002/19/EC.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 38

(38) In the interests of regulatory predictability, key elements of evolving decisional practice under the current legal framework which affect the conditions under which wholesale access products, including European virtual broadband access products, are made available for NGA networks, should also be reflected in the legislation. These should include provisions reflecting the importance, for the analysis of wholesale access markets and in particular of whether there is a need for price controls on such access to NGA networks, of the relationship between competitive constraints from alternative fixed and wireless infrastructures, effective guarantees of non-discriminatory access, and the existing level of competition in terms of price, choice and quality at retail level. The latter consideration ultimately determines the benefits to end users. For example, in the conduct of their case-by- case assessment pursuant to Article 16 of Directive 2002/21/EC and without prejudice to the assessment of significant market power and the application of EU competition rules, national regulatory authorities may consider that in the presence of two fixed NGA networks, market conditions are competitive enough to be able to drive network upgrades and to evolve towards the provision of ultra- fast services, which is one important parameter of retail competition.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
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 open and non-discriminatory nature of the internet plays a key driving role in innovation and economic efficiency, but also in safeguarding the freedom and pluralism of the media, as well as cultural diversity. 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. 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. The development of specialised services or of traffic offering a guaranteed quality of service should not undermine the open internet based on the ‘best effort’ principle. The open internet must remain the standard and not become the exception.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 47

(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. ~~Such~~Any price discrimination or discriminatory conditions relating to data volumes and speeds in respect of specific content, applications or services should be prohibited. Reasonable traffic management measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances. As soon as they implement such measures, providers of electronic communications to the public must notify the providers of content, applications or services.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 47 a (new)

(47 a) The Charter of Fundamental Rights of the European Union requires that limitations to the respect for private life, right of confidentiality of communications, right to data protection or freedom to receive or impart information must be provided for by law and respect the essence of those rights and freedoms. In the context of traffic management measures, the CJEU in Case C-70/10, SABAM v. Tiscali (Scarlet), with respect to general monitoring of electronic communications, states that an imposition of an obligation on an Internet service provider of electronic communications or services to indiscriminately monitor communications would constitutes not only a serious infringement on the freedom of the provider to conduct its business, but may also infringe the fundamental rights of the customers of the provider. Any scheme involving general monitoring of communications by providers of electronic communications or services should therefore be specifically provided for by Union law, or national law adopted in conformity with Union law;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 48

(48) Volume-based tariffs should be considered compatible with the principle of an open internet as long as they allow end- users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice. At the same time, such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes. In order to customize their offers to meet end-user demand for specific content, services or applications, providers of electronic communications may provide offers where the conveyance of data for such content, services or applications is not deducted from the customers data allowance. It is essential that end-users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable, that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 49

(49) There is also end-user demand for services and applications requiring an enhanced level of assured service quality 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 enhanced quality of service with ~~either~~ providers of electronic communications to the public ~~or providers of content, applications or services~~.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 50

(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services. In that respect, the dymanic allocation of the capacity not used for specialised services, when they are switched off, to the internet access service contributes to its overall quality;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 72

(72) The mobile communications market remains fragmented in the Union, with no mobile network covering all Member States. As a consequence, in order to provide mobile communications services to their domestic customers travelling within the Union, roaming providers have to purchase wholesale roaming services from operators in a visited Member State. These wholesale charges constitute an important impediment to providing roaming services at price levels corresponding to domestic mobile services. Therefore further measures should be adopted to facilitate lowering these charges. Commercial or technical agreements among roaming providers which allow a virtual extension of their network coverage across the Union provide a means to internalise wholesale costs. To provide appropriate incentives, certain regulatory obligations laid down in Regulation (EC) No 531/2012 of the European Parliament and the Council26 should be adapted. In particular, when roaming providers, through their own networks or through bilateral or multilateral roaming agreements ensure that all customers in the Union are offered by default roaming tariffs at the level of domestic tariffs, the obligation of domestic providers to enable their customers to access voice, SMS and data roaming services of any alternative roaming provider should not apply to such providers, subject to a transitional period where such access has already been granted. __________________ 26 Regulation (EU) No 531/2012 of the European Parliament and the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (OJ L 172, 30.6.2012, p. 10).deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 73

(73) Bilateral or multilateral roaming agreements can allow a mobile operator to treat roaming by its domestic customers on the networks of partners as being to a significant degree equivalent to providing services to such customers on its own networks, with consequential effects on its retail pricing for such virtual on-net coverage across the Union. Such an arrangement at the wholesale level could allow the development of new roaming products and therefore increase choice and competition at retail level.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 74

(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide ‘buckets’ of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. This is to prevent anomalous or fraudulent usage as well as arbitrage scenarios which could have an impact on competitive domestic markets.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Recital 75

(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC. In its guidance, BEREC should – based on the results of a prior public consultation - identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – point a

a) to secure simplified, predictable and convergent regulatory conditions regarding key administrative and commercial parameters, including as regards the proportionality of individual obligations which may be imposed pursuant to market analysis;deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – point b

b) to promote ~~sustainable competition within the single market and~~ the global competitiveness of the Union, and to reduce sector-specific market regulation ~~accordingly as and when these objectives are achieved;~~with respect to the achievement of sustainable competition within the single market.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)

d a) to promote sustainable competition within the single market and to ensure a level playing field for all the actors in competition on this market with respect to rules and regulation

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)

d b) to secure simplified, predictable and convergent regulatory conditions regarding key administrative and commercial parameters, including as regards the proportionality of individual obligations which may be imposed pursuant to market analysis;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
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 to~~accordance with Directive 2002/21/EC and 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).

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 2 – paragraph 2 – point 9

(9) ‘"small-area wireless access point’" means a low power wireless network access equipment of small size operating within a small range, using licensed spectrum or a combination of licensed and license-exempt spectrum, which may or may not be part of a public terrestrial mobile communications network, and be equipped with one or more low visual impact antennas, which allows wireless access by the public to electronic communications networks regardless of the underlying network topology;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 2 – paragraph 2 – point 10

(10) ‘"radio local area network’" (RLAN) means a low power wireless access system, operating within a small range, with a low risk of interference to other such systems deployed in close proximity by other users, using on a ~~non-exclusive~~license-exempt basis spectrum for which the conditions of availability and efficient use for this purpose are harmonised at Union level;, without prejudice to the license-exempt regime which includes no regulatory protection rights, nor rights to cause harmful interferences to licensed radio systems in band or in adjacent bands.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 2 – paragraph 2 – point 14

(14) "internet access service" means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used. It allows end-users to run any application using an electronic communications network on the basis of the ‘best effort’ principle;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 2 – paragraph 2 – point 15

(15) ‘"specialised service’" means an electronic communications service ~~or any other service~~ that provides the capability to access specific content, applications or services, or a combination thereof, that is subject to admission control and whose technical characteristics are controlled ~~from end-~~using traffic management in order to- endsure adequate service characteristics or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 8 – paragraph 1

1. This section shall apply to harmonised radio spectrum for wireless broadband communications, in accordance with Articles 8a and 9 of Directive 2002/21/EC.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
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, as well as to pursue general interest objectives, in particular in the context of audiovisual and media policies.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 9 – paragraph 2

2. The national competent authorities shall apply a transparent process and apply the least onerous authorisation system possible ~~for allowing~~offering all actors equal access conditions to the use of radio spectrum, on the basis of objective, transparent, non-discriminatory and proportionate criteria, in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the Union for integrated multi-territorial investments and operations by European electronic communications providers.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 9 – paragraph 3

3. When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to ~~equal~~objective, transparent and non- discriminatory treatment between existing and potential operators and between European electronic communications providers and other undertakings.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)

(ea) preventing any harmful interference, including the possibility of imposing obligations to resolve interference with other radio spectrum users and to cover the costs incurred;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 9 – paragraph 5 a (new)

5 a. National competent authorities shall ensure that timely information is available on authorisation conditions and procedures for the use of radio spectrum, and allow interested parties to submit their views in the process.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 1 – introductory part

1. When determining the amount and type of radio spectrum to be assigned in a given procedure for granting rights of use for radio spectrum, the national competent authorities shall have regard to the ~~following:~~technical characteristics of different available radio spectrum bands.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 1 – point b

~~(b) the possible combination in a single procedure of complementary bands; an~~deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 1 – point c

~~(c) the relevance of coherent portfolios of radio spectrum rights of use in different Member States to the provision of networks or services to the entire Union market or a significant part thereof.~~deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a

(a) the most efficient use of the radio spectrum in accordance with Article 9(4)(b), taking into account the characteristics and current and planned use of the band or bands concerned;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – introductory part

National competent authorities shall ensure that the fees for rights of use for radio sSpectrum of all types, if any:

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a

(a) appropriately reflect the social, cultural and economic value of the radio spectrum, including beneficial externalities, and do not exceed market value;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a a (new)

(aa) take into account the costs entailed in evicting current radio spectrum users, where applicable;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2

This paragraph shall be without prejudice to the application of paragraph 5 as regards any conditions resulting in differentiated fees between operators which are laid down with a view to promoting effective competition.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 a (new)

When determining whether to impose any mobile access obligations, competent national authorities shall justify their decision by a thorough assessment of the market conditions showing a market failure and an impact assessment on investment made by network operators. They shall review any obligations imposed regularly.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 13 a (new)

Article 13a Coverage obligation The European Union and the Member States shall adopt measures guaranteeing access for European citizens and entities, public or private, to the single market for electronic communications, as regards both quality of service and market prices, wherever they are within the European Union;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 14 – paragraph 1

1. National competent authorities shall allow the provision of access through radio local area networks to the network of a provider of electronic communications to the public as well as the use of the harmonised radio spectrum for such provision, subject ~~only~~ to general authorisation, and compliance with rules applied to license exempt spectrum especially regarding interferences and competition rules.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

For the purposes of the uniform implementation of the general authorisation regime for the deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission may, by means of an implementing act, specify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small- area wireless access points. Those technical characteristics for use of small- area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and ~~with~~Directive 1999/5/EC, taking into account the thresholds defined in Council Recommendation No 1999/519/EC.31 __________________ 30 Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1). 31 Recommendation 1999/519/EC of the Council of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59).

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Chapter 3 – section 2

~~[...]~~deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 21 – paragraph 2

2. Providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or ~~plac~~Member State of residence unless such differences are objectively justified.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 21 – paragraph 3

3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

End-users shall also be free to a~~gree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of~~ccess specialised services with an enhanced quality of service.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2

In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair ~~in a recurring or continuous manner the general~~the quality of internet access services.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 2 a (new)

2a. Vertically integrated providers of electronic communications to the public shall not discriminate in any way against traffic from providers of content, applications or services offering content, services or applications competing with their own services or with services provided under exclusive arrangements;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

~~Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by~~ Providers of internet access services shall not block~~ing~~, slow~~ing~~ down~~, degrading~~ or discriminat~~ing~~e against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and ~~necessary~~efficient. Reasonable traffic management includes the processing of data to:

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c

(c) prevent the transmission of unsolicited communications to end-users ~~who have given their prior consent to such restrictive measures~~;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d

(d) minimise the effects of any recorded temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 24 – paragraph 1

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural ~~divers~~and linguistic diversity, media freedom and plurality and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2

National regulatory authorities shall, in good time before imposing any such requirements, ~~provide~~consult with providers of electronic communications to the public before providing the Commission with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to BEREC. The Commission may, having examined such information, make comments or recommendations thereupon, in particular to ensure that the envisaged requirements do not adversely affect the functioning of the internal market. The envisaged requirements shall not be adopted during a period of two months from the receipt of complete information by the Commission unless otherwise agreed between the Commission and the national regulatory authority, or the Commission has informed the national regulatory authority of a shortened examination period, or the Commission has made comments or recommendations. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations and shall communicate the adopted requirements to the Commission and BEREC.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point i

(i) actually available data speed for download and upload in the end-user’'s Member State of residence, including at peak-hours; and the means made available to the end-user to check, at any time, the actual data speed for download and upload, together with a breakdown of the data speed actually available during the period covered by the contract;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv

(iv) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and on how those procedures could affect service quality and the protection of personal data; and the means made available to the end-user to ensure that traffic orientation measures are applied effectively;

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 37 – point 1

Regulation (UE) n° 531/2012
Article 1

This Regulation shall apply to regulated roaming services provided in the Union to end users whose domestic provider is a provider of electronic communications to the public in a Member State.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 37 – point 4 a (new)

Regulation (EU) No 531/2012
Article 6 a (new)

(4a) The following Article is inserted Article 6a Abolition of retail roaming surcharges 1. With effect from 1 July 2016, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming customers for any regulated roaming call made or received, for any regulated roaming SMS message sent or for any regulated data roaming services used, without prejudice to measures taken to prevent anomalous or fraudulent usage. 2. Paragraph 1 shall not preclude the limitation by a roaming provider of consumption of regulated retail roaming services at the applicable domestic service rate by reference to a reasonable use criterion. Roaming providers shall publish and include in its contracts detailed quantified information on how the reasonable use criterion is applied, by reference to the main pricing, volume or other parameters of the retail package in question. 3. Roaming providers may offer their customers the possibility to make a deliberate choice to renounce the benefit of the application of the applicable domestic service rate to regulated roaming services in return for other advantages offered by that provider. The roaming provider shall remind those end users of the nature of the roaming advantages which would thereby be lost. National Regulatory Authorities shall monitor in particular whether roaming provider availing of this article engage in business practices which would amount to circumvention of the default regime. By 31 December 2015, BEREC shall, after consulting stakeholders, assess risks of fraud and arbitrage between regulated roaming services at domestic price levels and original domestic services and lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers. The competent national regulatory authority shall monitor and supervise the application of reasonable use criteria, taking utmost account of the BEREC general guidelines once they are adopted, and shall ensure that unreasonable terms are not applied.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 37 – point 8

~~(8) [...]~~deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Article 39 a (new)

Article 39a European regulatory and supervisory authority for the European single market for electronic communications An independent European regulatory and supervisory authority for the European single market for electronic communications shall be established to regulate and supervise the functioning of the European electronic communications market. The operating costs of this independent authority shall be met through a compulsory levy on electronic communications.

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Annex 1

~~[...]~~deleted

2013/12/19
Committee: ITRE

Jean-Pierre AUDY

Proposal for a regulation
Annex 2

MINIMUM PARAMETERS OF EUROPEAN ASQ CONNECTIVITY PRODUCTS Network elements and related information - A description of the connectivity product to be provided over a fixed network, including technical characteristics and adoption of any relevant standards. Network functionalities: – connectivity agreement ensuring end-to- end Quality of Service, based on common specified parameters that enable the provision of at least the following classes of services: – voice and video calls; – broadcast of audio-visual content; and – data critical applications.deleted

2013/12/19
Committee: ITRE

68 Amendments of Jean-Pierre AUDY related to 2013/0309(COD)

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