1 Amendments of Esther DE LANGE related to 2016/0288(COD)
Amendment 783 #
Proposal for a directive
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2 a. Member States may ensure that national regulatory authorities may, on the grounds that the replication of infrastructure to end-users would be economically inefficient or physically impracticable, impose obligations upon reasonable request to grant access to network elements and to settle disputes concerning this access. Such access shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions that allow replicability. When imposing such access the national regulatory authority shall do so proportionately, taking into account the future economic and financial viability of investments in new network elements, and solely if it is aimed at preventing or countering consumer harm and enabling maximum consumer benefits in terms of choice, price and quality on the basis of effective competition. It shall also respect the objective of promoting access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses.