10 Amendments of Aldo PATRICIELLO related to 2016/0185(COD)
Amendment 25 #
Proposal for a regulation
Recital 9
Recital 9
(9) THowever, the functioning of the wholesale roaming market should allowalso warrants that operators are allowed to recover all costs of providing regulated wholesale roaming services, including joint and common costs. This should preserve incentivefundamental requirement should preserve sufficient incentives for the operators to invest in visited networks and avoid any distortion of domestic competition in the visited markets caused by regulatory arbitrage by operators using wholesale roaming access remedies to compete in domestic visited markets.
Amendment 26 #
Proposal for a regulation
Recital 10
Recital 10
(10) In light of the problems identified,order to achieve both of those complementary objectives, effective competition and investment incentives, the current measures applicable on the wholesale roaming markets should be amended to ensure that the level of wholesale roaming charges enables the sustainable provision of RLAH in the Union, while further safeguards are being introduced at the same time to prevent undue commercial losses for the operators as a direct consequence of the amended rules.
Amendment 30 #
Proposal for a regulation
Recital 13
Recital 13
(13) The maximum wholesale charges should act as a safeguard level and ensure that operatorprevent excessive margins between the wholesale roaming charges can recover their costs, including joint and common costs. It should alsod the underlying cost, and should therefore enable the widespread sustainable provision of RLAH, while at the same time leaving margin for commercial negotiations between operators. The specific compensation mechanism (RLAH Fund), to be introduced pursuant to this Regulation, should act as an additional safeguard against adverse effects of the reduced wholesale roaming caps and ensure that the operators can at least recover their costs to an adequate extent, including joint and common costs. The RLAH Fund should reduce the need for a surcharge at retail level in Article 6c of Regulation (EU) No 531/2012, as amended by Regulation (EU) 2015/2120, and thus contribute to the objective of complete abolition of retail roaming surcharges.
Amendment 40 #
Proposal for a regulation
Recital 18
Recital 18
(18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered. If operators can demonstrate that the lowered wholesale roaming charges are not sufficient any more for them to cover the underlying cost, under the Long Run Incremental Cost Plus (LRIC+) method, for providing wholesale roaming services, they should be entitled to adequate compensation of such losses from the RLAH Fund which should be set up by a Commission implementing act pursuant to this Regulation. The RLAH Fund should be administered by BEREC. It should be funded by all market participants using the existing mobile networks as main underlying infrastructure for the services to their customers above a certain traffic threshold, which shall be determined by BEREC based on the principles set out in that implementing act.
Amendment 50 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to assess the competitive developments in Union-wide roaming markets and to report regularly on changes in actual wholesale roaming charges for unbalanced traffic between roaming providers, BEREC should be given the task of collecting data from national regulatory authorities on the actual charges applied for balanced and unbalanced traffic respectively. It should also collect data on cases where parties to a wholesale agreement have opted out from the application of maximum wholesale roaming charges or have implemented measures at wholesale level that are aimed at preventing permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’' customers while the latter are periodically travelling within the Union. In administering the RLAH Fund, BEREC should collect financial contributions from the market participants, and review all requests for compensation received from the operators.
Amendment 60 #
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EU) No 531/2012
Article 6 d – title
Article 6 d – title
(1a) In Article 6d, the title is replaced by the following: ‘Implementation of fair use policy and of sustainability of the abolition of retail roaming surcharges and wholesale compensation fund’
Amendment 61 #
Proposal for a regulation
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Regulation (EU) No 531/2012
Article 6 d – paragraph 5 a (new)
Article 6 d – paragraph 5 a (new)
(1b) The following paragraph is added: “5a. In addition to the surcharge mechanism for roaming providers in Article 6c(1) to (4) of Regulation (EU) No 531/2012 as amended by Regulation (EU) 2015/2120, a specific fund is established at Union level (RLAH Fund) to compensate operators for losses due to the reduced wholesale caps. The RLAH Fund is operated by BEREC under the terms to be set out by the Commission in a specific implementing act in accordance with Regulation (EU) No 182/2011, and already provided for in Article 6d(3) of Regulation (EU) No 531/2012 as amended by Regulation (EU) 2015/2120.”
Amendment 62 #
Proposal for a regulation
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Regulation (EU) No 531/2012
Article 6 d – paragraph 5 b (new)
Article 6 d – paragraph 5 b (new)
(1c) The following paragraph is added: “5b. Undertakings benefitting from the implementation of RLAH with the reduced wholesale roaming charges for providing their own services to customers have to contribute to the RLAH Fund. BEREC will determine for every year the overall size of the Fund and the contribution to be made by each of them. Undertakings generating traffic below a certain threshold, which will be determined by BEREC, are excluded from this obligation.”
Amendment 63 #
Proposal for a regulation
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Regulation (EU) No 531/2012
Article 6 d – paragraph 5 c (new)
Article 6 d – paragraph 5 c (new)
(1d) The following paragraph is added: “5c. If the maximum wholesale roaming charges for calls, SMS or data, once reduced by virtue of this Regulation, are not sufficient for the operators to recover all costs, including their joint and common costs, for providing wholesale roaming services, the operators are entitled to receive financial compensation from the RLAH Fund.”
Amendment 64 #
Proposal for a regulation
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Regulation (EU) No 531/2012
Article 6 d – paragraph 5 d (new)
Article 6 d – paragraph 5 d (new)