31 Amendments of Sabine VERHEYEN related to 2010/0252(COD)
Amendment 30 #
Proposal for a decision
Recital 2
Recital 2
(2) Spectrum is a key resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, wireless microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications.
Amendment 31 #
Proposal for a decision
Recital 3
Recital 3
(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, culture and energy.
Amendment 33 #
Proposal for a decision
Recital 6
Recital 6
(6) The programme should also take into account Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that. Union policies which rely on spectrum and were agreed by Parliament and Council canshould be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policie in so far as there is express statutory provision for this.
Amendment 37 #
Proposal for a decision
Recital 11
Recital 11
(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and, the mutual recognition of their conformity and future harmonisations in respect of electronic networks and wireless devices are essential to achieve efficient spectrum use and should take account of legally defined sharing condiensure the coexistence of existing and new applications. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics - such as increasing reliability of receivers and appropriate output levels for emitting devices - and more sophisticated interference avoidance mechanisms.
Amendment 39 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) New Long-Term Evolution (LTE) broadband mobile communications networks are being rolled out in various Member States. Those networks use the 790-862 MHz frequency band. Some radio microphones currently operate in that band, possibly causing interference. This may also concern devices operated in schools, theatres and conference venues or by other commercial, public or private users. The requisite technical retrofitting will be achievable only with considerable financial outlay, and it is imperative to clarify where responsibility lies in this connection.
Amendment 42 #
Proposal for a decision
Recital 15
Recital 15
(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, public protection and disaster relief, e-health and, e-inclusion and culture. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. The Commission's Joint Research Centre should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for SMEs, e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities.
Amendment 45 #
Proposal for a decision
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
It is without prejudice to measures taken at national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 49 #
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition, so as to foster cultural diversity and media pluralism in accordance with Directive 2002/21/EC as amended by Directive 2009/140/EC.
Amendment 54 #
Proposal for a decision
Recital 1
Recital 1
(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)3 provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio- visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 54 #
Proposal for a decision
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) make spectrum use more efficient by giving preference to technologies which use little spectrum; make complementary use of technological features such as hotspots and Wi-Fi, for example, which require no spectrum;
Amendment 55 #
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation; improve the position of consumers with regard to the coexistence of old and new applications;
Amendment 56 #
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) avoid harmful interference or disturbance by other radio or non-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, and increasing immunity of receivers to interference or appropriate output controls for them, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;
Amendment 58 #
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that selection conditions and procedures promote investment and, efficient use of spectrum and the coexistence of existing and new applications for the consumer.
Amendment 64 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and, promote effective competition and take account of the position of consumers with regard to the coexistence of applications..
Amendment 68 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users. In connection with reallocation of the 800 MHz band, Member States shall ensure interference-free use of receivers by end users.
Amendment 76 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall also be ensured that, where usage is not optimum, the necessary measures are taken in order to maximise efficient use. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.
Amendment 78 #
Proposal for a decision
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Member State and Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.
Amendment 97 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) New Long-Term Evolution (LTE) broadband mobile communications networks are being rolled out in various Member States. Those networks use the 790-862 MHz frequency band. Some radio microphones currently operate in that band, possibly causing interference. This may also concern devices operated in schools, theatres and conference venues or by other commercial, public or private users. The requisite technical retrofitting will be achievable only with considerable financial outlay, and it is imperative to clarify where responsibility lies in this connection.
Amendment 105 #
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimalcan be used for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in otherConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. The efficient use of the 900 MHz bands adequate for coverage. Considering the capacitynd the freeing up of the 800 M2.3 GHz band to transmit over large areas, coverage obligations should be attached to rights(2300-2400 MHz) for mobile services shall contribute to meet the increasing demand for mobile traffic.
Amendment 119 #
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Increased mobile broadband opportunities may provide the cultural sector with new distribution platforms, thereby paving the way for a future development of the sector. It is essential that terrestrial broadcasting services and other actors be able to develop their services when additional part of the spectrum is freed up for wireless services. Member States should grant appropriate compensation to existing users for migration costs, resulting from the opening up of additional spectrum.
Amendment 148 #
Proposal for a decision
Article 1 – title
Article 1 – title
Amendment 153 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes, in accordance with Directives 2002/21/EC, 2002/20/EC and 2002/19/EC, Directive 2002/22/EC, and Decision No 67/2002/EC, a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Amendment 159 #
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This decision shall be without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy, and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 176 #
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies; at the same time taking account of the social, educational, cultural and economic value of spectrum as a whole;
Amendment 215 #
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union spectrum policy objectives and in order to meet a rapidly growing demand for mobile data traffic whilst at the same time ensuring the development of other spectrum users such as broadcasting;
Amendment 221 #
Proposal for a decision
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) encouraging efficient use of spectrum to meet the increasing demand for use of frequencies, at the same time taking account of the social, cultural, educational and economic value of spectrum as a whole;
Amendment 232 #
Proposal for a decision
Article 3 – point b a (new)
Article 3 – point b a (new)
(ba) make more efficient use of spectrum by favouring technologies which take up little spectrum and combining this with the use of technologies, such as hot spots, Wifi, etc., which do not need any spectrum at all;
Amendment 315 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess on the basis of the market experience with new services made in the 800 MHz band whether additional spectrum could be freed and made available for new applications.
Amendment 325 #
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and efficient use of the 900 MHz band and the 2.3 GHz band (2300-2400 MHz) for wireless broadband services. The Commission shall continuously monitor the capacity requirements for wireless broadband services. Member States shall ensure that the cost of migration or re-allocation of spectrum usage is adequately compensated in accordance with national law.
Amendment 334 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and existing and future broadcasting services. This includes measures to avoid interference.
Amendment 382 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall also ensure that, where spectrum use is not optimal, the necessary measures are taken in order to maximise efficiency. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.