12 Amendments of Daciana Octavia SÂRBU related to 2007/0247(COD)
Amendment 53 #
Proposal for a directive – amending act
Recital 6
Recital 6
(6) The independence of the national regulatory authorities should be strengthened in order to ensure a more effective application of the regulatory framework and increase their authority and the predictability of their decisions. To this end, express provision should be made in national law to ensure that, in the exercise of its tasks, a national regulatory authority is protected against external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. Such outside influence makes a national legislative body unsuited to act as a national regulatory authority under the regulatory framework. For that purpose rules should be laid down in advance regarding the grounds for the dismissal of the head of the national regulatory authority in order to remove any reasonable doubt as to the neutrality of that body and its imperviousness to external factors. The reasons for any such dismissal, except those that might affect the image of the institution, must be publicly announced. It is important that national regulatory authorities should have their own budget allowing them, in particular, to recruit a sufficient number of qualified staff. In order to ensure transparency, this should be published annually.
Amendment 54 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) The current spectrum management and distribution system is generally based on administrative decisions that are insufficiently flexible to cope with technological and economic evolution, in particular with the rapid development of wireless technology and the increasing demand for bandwidth. The undue fragmentation amongst national policies results in increased costs and lost market opportunities for spectrum users, and slows down innovation, to the detriment of the internal market, consumers and the economy as a whole. Moreover, the conditions for access to, and use of, radio frequencies may vary according to the type of operator, while electronic services provided by these operators increasingly overlap, thereby creating tensions between rights holders, discrepancies in the cost of access to spectrum, and potential distortions in the functioning of the internal market. Operators who obtained the right to use radio frequencies must use them for the period of time prescribed by law, and those who have not used them must be penalised or have their right to use them withdrawn.
Amendment 63 #
Proposal for a directive – amending act
Article 1 - point 3
Article 1 - point 3
Directive 2002/21/EC (Framework Directive)
Article 3 - paragraph 3 - subparagraph 2
Article 3 - paragraph 3 - subparagraph 2
Member States shall ensure that the head of a national regulatory authority or his/her replacement may be dismissed only if he no longer fulfils the conditions required for the performance of his duties laid down in advance in national law, or if he has been guilty of serious misconduct. The decision to dismiss the head of the national regulatory authority shall contain a statement of reasons and be made public at the time of dismissal, except for those that might affect the image of the institution.
Amendment 64 #
Proposal for a directive – amending act
Article 1 - point 4 - point a
Article 1 - point 4 - point a
Directive 2002/21/EC (Framework Directive)
Article 4 - paragraph 1 - subparagraph1
Article 4 - paragraph 1 - subparagraph1
1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have in court in accordance withe appropriate expertise available to it to enable it to carry out its functionslicable Community or national law. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism.
Amendment 66 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2002/21/EC (Framework Directive)
Article 9 - paragraph 3 - subparagraph 2 - introductory wording
Article 9 - paragraph 3 - subparagraph 2 - introductory wording
Member States may, however, provide for proportionate and, non-discriminatory restrictions and public motivated to the types of radio network or wireless access technology used where this is necessary to:
Amendment 68 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2002/21/EC (Framework Directive)
Article 9 - paragraph 4
Article 9 - paragraph 4
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands open to electronic communications. The Member States may, however, provide for proportionate and, non-discriminatory restrictions and publicly substantiated/in the public interest ? to the types of electronic communications services to be provided. Restrictions that require a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism. A restriction which prohibits the provision of any other service in a specific band may only be provided for where justified by the need to protect safety of life services. Operators who obtained the right to use radio frequencies shall use them for the period of time prescribed by law, and those who have not used them shall be penalised or have their right to use them withdrawn.
Amendment 72 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC (Framework Directive)
Article 9b - paragraph 1
Article 9b - paragraph 1
1.Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of the national regulatory authority. In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings, with the prior consent of the national regulatory authority.
Amendment 74 #
Proposal for a directive – amending act
Article 1 - point 13
Article 1 - point 13
Directive 2002/21/EC (Framework Directive)
Article 12 - paragraph 2
Article 12 - paragraph 2
2. Member States may require that the holders of the rights referred to in paragraph 1 share facilities or property (including physical co-location) or take measures to facilitate the coordination of public works in order to protect the environment, public health, public security or to meet town and country planning objectives only after an appropriate period of public consultation, during which all interested partipersons with a direct interest shall be given an opportunity to express their views. Such sharing or coordination arrangements may include rules for apportioning the costs of facility or property sharing. Where the persons with a direct interest are not satisfied with the apportionment of the costs they shall have a right of appeal in the national courts.
Amendment 80 #
Proposal for a directive – amending act
Article 1 - point 14
Article 1 - point 14
Directive 2002/21/EC (Framework Directive)
Article 13a - paragraph 3
Article 13a - paragraph 3
3. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the national regulatory authority immediately of any breach of security or integrity that had a significant impact on the operation of networks or services.
Amendment 84 #
Proposal for a directive – amending act
Article 1 - point 23
Article 1 - point 23
Directive 2002/21/EC (Framework Directive)
Article 21a
Article 21a
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and the Specific Directives and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be appropriate, effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the [time- limit for implementation of the amending act] at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 85 #
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
Directive 2002/20/EC (Authorisation Directive)
Article 5 - paragraph 2 - subparagraph 5 a (new)
Article 5 - paragraph 2 - subparagraph 5 a (new)
Operators who obtained the right to use radio frequencies shall use them for the period of time prescribed by law, and those who have not used them shall be penalized or have their right to use them withdrawn.
Amendment 86 #
Proposal for a directive – amending act
Article 3 - point 8 - point c
Article 3 - point 8 - point c
Directive 2002/20/EC (Authorisation Directive)
Article 10 - paragraph 5
Article 10 - paragraph 5
5. In cases of serious and repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in Article 6(2), where measures aimed at ensuring compliance as referred to in paragraph 3 of this Article have failed, national regulatory authorities may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use. Sanctions and penalties which are effective, proportionate and dissuasive may be applied to cover the period of any breach, even if the breach has subsequently been rectified.’ Operators who obtained the right to use the radio frequencies shall use them for the period of time prescribed by law, and those who have not used them shall be penalised or have their right to use them withdrawn.