38 Amendments of Dominique VLASTO related to 2007/0247(COD)
Amendment 115 #
Recital 14b (new)
(14b) When imposing obligations for access to new and enhanced infrastructures, national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, national regulatory authorities should be able to set, if applicable, terms and conditions for access over a sufficient period of time to provide planning certainty to investors. These terms and conditions may include pricing arrangements which depend on volumes or length of contract provided that such arrangements are in accordance with Community law. However, pricing arrangements should not be permitted where they would have the effect of discriminating in favour of the operator with significant market power, for example through margin squeeze, raising barriers to entry or otherwise impeding the development of effective competition in services to consumers and businesses. In view of the size of investments needed for new and enhanced infrastructure, co- operation agreements between market players may accelerate and strengthen the roll-out of next generation networks to the benefit of consumers, provided that competition is safeguarded, including through the imposition of access obligations as necessary.
Amendment 122 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should encourage stakeholders to enter into cooperation arrangements to enable online services to run smoothly and to make for a high level of user confidence. In particular, electronic communications network and/or service providers and other stakeholders should be encouraged to work together to promote lawful content and protect content online. Cooperation of this kind, extending beyond the regulatory framework without undermining it, could take the practical form of, for example, codes of conduct drawn up by, after being negotiated and approved among, the parties concerned. Such codes are already provided for in principle in many Community instruments, including for instance the Directive on electronic commerce (Directive 2000/31/EC, Article 16), the Directive on the enforcement of intellectual property rights (Directive 2004/48/EC, Article 17), and the Directive on the protection of personal data (Directive 95/46/EC, Article 27). Cooperation among stakeholders along such lines is essential in order to promote online content, and European cultural content in particular, and to unleash the potential of the information society.
Amendment 140 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 156 #
Article 2 – point 9 – point a
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involvedany risks specific to a particular new investment network project whilst ensuring that pricing arrangements are compatible with protecting effective competition.
Amendment 187 #
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 214 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2002/21/EC
Article 2 – point e
Article 2 – point e
(e) “associated facilities” means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings;
Amendment 249 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2a (new)
Article 7 – paragraph 2a (new)
2a. Before taking a measure to regulate a wholesale market, national regulatory authorities shall assess market distortions at retail level. In particular, any draft measure imposing, amending or withdrawing an obligation on an operator on a wholesale market shall take utmost account of the market power of each actor at retail level.
Amendment 299 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content and access to services across all networks;
Amendment 308 #
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4 – point ga (new)
Article 8 – paragraph 4 – point ga (new)
(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned in relation to the protection and promotion of lawful content on electronic communications services and networks”.
Amendment 330 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services.
Amendment 359 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications 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 or the provision of radio and television broadcasting services.
Amendment 367 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 415 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2 a (new)
Article 9b – paragraph 1 – subparagraph 2 a (new)
2a. However, where such transfer or lease would involve frequencies which have been made available on the basis of a restriction to ensure the fulfilment of a general interest objective as provided for in Article 9(4), the prior consent of the national regulatory authority shall be required. Where applicable, Member States may require an authorisation or an opinion from the national authority responsible for audiovisual media services.
Amendment 416 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 a (new)
Article 9b – paragraph 1 a (new)
1a. Radio frequencies which have been attributed freely to stakeholders may not be transferred in return for remuneration. If radio frequencies have been attributed in fulfilment of a general interest obligation, the transfer of those frequencies shall entail the transfer of that obligation to the stakeholder.
Amendment 428 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
Amendment 432 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa;
Amendment 437 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa;
Amendment 445 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or intended by Member States to be used for broadcasting services;
Amendment 448 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point a
Article 9c – paragaph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, with the exception of radio broadcasting frequencies;
Amendment 451 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point b
Article 9c – paragaph 1 – point b
(b) harmonise the conditions attached to such rights andcreate an exception to the principle of services or technology neutrality, as well as to harmonise the sconditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leasespe and nature of any exceptions to these principles in accordance with Article 9(3) and (4), other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism;
Amendment 455 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
Article 9c – paragraph 1 – point b
(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;
Amendment 459 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – subparagraph 1 – point c
Article 9c – subparagraph 1 – point c
Amendment 463 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 470 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to the promotion of cultural and linguistic diversity and media pluralism.
Amendment 476 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures referred to in points (a) to (c) of paragraph 1, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSCP.
Amendment 483 #
Proposal for a directive – amending act
Article 1 – point 10a (new)
Article 1 – point 10a (new)
Directive 2002/20/EC
Article 9ca (new)
Article 9ca (new)
Amendment 491 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 - subparagraph 1
Article 10 – paragraph 4 - subparagraph 1
4. Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of new pan- European services, without detrimental effects for existing services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number rangto ensure cross-border access to national numbering used for essential services such as directory enquiries. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 564 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 5 –subparagraph 1
Article 16 – paragraph 5 –subparagraph 1
5. In the case of transnationTo determine whether a wholesale markets identified in the Decision referred to in Article 15(4), the Commission shall request the Authority to conduct the market analysis taking the utmost account of the Guidelines and deliver an opinion on any imposition, maintenances effectively competitive, national regulatory authorities shall assess market distortions at retail level. In particular, any draft measure imposing, amendmenting or withdrawal of regulatory obligations as referred to in paragraph 2 of this Articleing an obligation on an operator on a wholesale market shall take utmost account of the market power of each actor at retail level.
Amendment 566 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
Amendment 600 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunications services, and of new services;
Amendment 618 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to billing and collection services and to subscriber databases for the provision of directory services; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 627 #
Proposal for a directive – amending act
Article 2 – point 2
Article 2 – point 2
Directive 2002/19/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators of public communications networks shall have a right and, when requested by other undertakings so authorised in accordance with Article 4 of Directive 2002/20/EC (Authorisation Directive), an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5, 6, 7 and 8. However, the terms and conditions for interconnection shall not introduce unjustified barriers to interoperability.
Amendment 658 #
Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)
Article 2 – point 8 – point b a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
(ba) In the second subparagraph of paragraph 1, the following point is added: "(ja) to provide third-party billing services and access to subscriber databases to providers of directory enquiry services."
Amendment 660 #
Proposal for a directive – amending act
Article 2 – point 8 – point b b (new)
Article 2 – point 8 – point b b (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
(bb) In the second subparagraph of paragraph 1, the following point is added: "(jb) network operators shall propose and offer cross-border interconnection to requesting operators under reasonable and non-discriminatory conditions to allow for the further decrease of international calls."
Amendment 661 #
Proposal for a directive – amending act
Article 2 – point 8 – point b c (new)
Article 2 – point 8 – point b c (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
(bc) In the second subparagraph of paragraph 1, the following point is added: "(jc) network operators shall propose and offer roaming to requesting operators under reasonable and non-discriminatory conditions."
Amendment 717 #
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2a (new) §
Article 3 – paragraph 2a (new) §
(2a) In Article 3, the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as "global telecommunications services". Global telecommunications services are managed business data and voice services provided to multinational undertakings located in different countries and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 822 #
Proposal for a directive – amending act
Annex I – point 4 – point a
Annex I – point 4 – point a
Directive 2002/20/EC
Annex I – part B – point 1
Annex I – part B – point 1
1. Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, exclusive use of a frequency for broadcasting specific audiovisual content or services and coverage requirements.