5 Amendments of Morten LØKKEGAARD related to 2013/0309(COD)
Amendment 77 #
Proposal for a regulation
Recital 56
Recital 56
(56) Contracts are an important means of giving end-users a high level of transparency of information and legal certainty. Providers of electronic communications to the public should give end-users clear and comprehensible information on all essential elements of the contract before the end-user is bound by the contract. The information should be mandatory and not be altered except by subsequent agreement of the end-user and the provider. The Commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end-users. Providers of electronic communications to the public should therefore inform end-users, prior to the conclusion of the contract, of the estimated speed and other quality of service parameters which they can realistically deliver at the end- user's main location.
Amendment 196 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speed, speeds or general quality characteristics 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, in particular, to:
Amendment 291 #
Proposal for a regulation
Article 36 – paragraph 1 – point 1 d (new)
Article 36 – paragraph 1 – point 1 d (new)
Directive 2002/22/EC
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(1d) In Article 20, the following paragraph is inserted: “1a. In addition to the information referred to in paragraph 1, if the contract includes the provision of internet access and data services, that contract shall also include the following information: (a) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (b) how end-users can monitor the current level of their consumption, and whether and how any voluntary limits can be set; (c) for fixed data links, the estimated available download and upload data speeds at the location of the end-user; (d) for mobile data, the estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the contracts; (e) other quality of service parameters, as defined in Article 24 (2) of Regulation (XXX)*; (f) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; and (g) a clear and comprehensible explanation as to how any volume limitation, the available speed ranges and other quality of service parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services. _________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of ...... laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211:2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).”
Amendment 302 #
Proposal for a regulation
Article 36 – paragraph 1 – point 1 k (new)
Article 36 – paragraph 1 – point 1 k (new)
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
(1k) Article 21(3) is replaced by the following: “3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) inform subscribers ofprovide end-users with information on access to emergency services anyd change to access to emergency services or caller location information in the service to which they have subscribed; (c) inform subscribers of any change to conditions limiting access to and/or use of servicesaller location for all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; (d) information on any procedures put in place by the provider to measure and shape traffic on how those procedures could impact on service quality; (da) provide information on internet access services, where offered, specifying the following: (i) for fixed data links, the estimated available download and upload data speeds in the end-user's Member State of residence, and for mobile data, the average estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the consumer's contract; (ii) details of unit data pricing plans, pricing plans for bulk data and any applications, where such conditions are permitted under national law in accordance with Community law; (d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact on service quality; (e) inform subscribersble thresholds. For data volumes above thresholds: unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (iii) how end-users can monitor the current level of their consumption; (iv) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services; (v) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; (e) inform consumers, and end-users where applicable, of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (f) regularly inform disabled subscribersconsumers, and end-users, where applicable, of details of products and services designed for them. and the measures taken to ensure equivalence in access; If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.” lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)Or. en (http://eur-
Amendment 306 #
Proposal for a regulation
Article 36 – paragraph 1 – point 1 l (new)
Article 36 – paragraph 1 – point 1 l (new)
Directive 2002/22/EC
Article 21 a (new)
Article 21 a (new)
(1l) The following Article is inserted: “Article 21a Control of consumption 1. Member States shall ensure that providers of electronic communications offer consumers and end-users the facility to monitor and control their usage of post- paid electronic communications services billed based on time or volume consumption and prepaid electronic communication services with automatic top-up. These facilities must include: (a) access to timely information on their service consumption; (b) for all contracts concluded or renewed following (OJ introduce date of transposition) the ability to set a financial cap on their usage, to request notification when an agreed proportion of their cap has been reached, the procedure to be followed to continue usage if the cap is exceeded, and the applicable pricing plans; (c) itemised bills on a durable medium. 2. BEREC shall lay down guidelines for the implementation of paragraph 1, and indicate whether any cost-related charges are justified or not.”