Spectrum Policy Programme Amendments

De La Quadrature du Net

On April 12th, 2011, the ITRE committee of the EU Parliament will adopt amendments to the First Spectrum Policy Programme, proposed by the European Commission.

Through these amendments, Members of the Parliament will have an opportunity to boost wireless Internet access. By encouraging shared and unlicensed uses of the spectrum, EU lawmakers can create the next generation of public networks that will improve access to the Internet in urban as well as rural communities, and launch the next wave of innovation in mobile communications.As the United-States moves towards opening white-spaces to unlicensed uses to create a new generation of broadband wireless networks, Europe risks lagging behind if it does not follow the same path.

Generally speaking, amendments have been graded to push such a reform of spectrum management, based on the following viewpoints:

  • Support for unlicensed uses of the spectrum, cognitive technologies and mesh networking (all form the basis of decentralized and open public networks we're calling for).
  • Support for detailed information and transparent policy-making, in particular regarding the upcoming spectrum inventory.
  • Scepticism regarding trading rights of spectrum use, considering that spectrum is a commons and not a property.
  • Scepticism towards amendments that insist on the necessity to avoid interferences between different spectrum uses. Such language risks chilling the development of innovative uses. In the U.S, the "interference" argument was used by broadcasters to oppose the opening of white-spaces to unlicensed uses.
  • Hostility towards pro-broadcasters amendments regarding the use of spectrum for few-to-many communications systems (even though this is justified in the short term, it needs not be overstated in this spectrum policy programme).


Sommaire

Amendments 1 – 10[modifier]

Amendment 1[modifier]

Amendement 1
Recital 4


(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage. Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

Comments: Sets more ambitious objectives but only achievements count.

Amendment 2[modifier]

Amendement 2
Recital 4 a (new)


(4a) The first programme must lay the ground for a development where the Union can take the lead regarding broadband speeds, mobility, coverage and capacity. Such leadership is essential in order to establish a competitive digital single market working as a spearhead to open up the internal market for all Union citizens.

Comments:

Amendment 3[modifier]

Amendement 3
Recital 7


(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations, auctions or infrastructure sharing. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the most appropriate and least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

Comments: By stressing the fact that general authorisations are the most appropriate authorisations to be granted, this amendment takes us one step closer to a flexible and dynamic allocation system. It may therefore be supported.

Amendment 4[modifier]

Amendement 4
Recital 9


(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost pan-European competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive). Member States may also take steps to achieve a more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics.

Comments:

Amendment 5[modifier]

Amendement 5
Recital 10


(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6GHz, but also from 6 GHz to 70 GHz as these frequencies will become increasingly important following rapid technological developments. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Comments: This amendment might be supported since it tends to push the boundaries of the limited perception we usually have when dealing with the radio spectrum which length is instead greatly relative.

Amendment 6[modifier]

Amendement 6
Recital 12


(12) In line with the objectives of the Commission's flagship initiative "Digital Agenda for Europe", wireless broadband could contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been designated should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC, 2008/411/EC and 2009/766/EC. To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution.

(12) In line with the objectives of the Commission's flagship initiative "Digital Agenda for Europe", wireless broadband services contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been harmonised should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC, 2008/411/EC and 2009/766/EC. To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution.

Comments:

Amendment 7[modifier]

Amendement 7
Recital 12 a (new)


(12a) A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value and the Union the capacity to be a world-leading knowledge-based economy. A rapid deployment of broadband is crucial for the development of European productivity and for the emergence of new and small enterprises that can be leaders in different sectors, for example health care, manufacturing and the services industry.

Comments:

Amendment 8[modifier]

Amendement 8
Recital 12 b (new)


(12b) Mobile data traffic is increasing rapidly and is currently doubling every year. At this pace, which is likely to continue in the coming years, mobile data traffic will have increased nearly 40-fold from 2009 to 2014. This increase is to a high extent being driven by video, which will account for 66% of all mobile traffic in 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including further harmonised spectrum allocations for wireless broadband, increased spectrum efficiency and offloading traffic onto wireless networks via dual-use devices .

Comments:

Amendment 9 -[modifier]

Amendement 9
Recital 12 c (new)


(12c) The International Telecommunications Union (ITU) has estimated the future spectrum bandwidth requirements for the development of International Mobile Telecommunications-2000 (IMT-2000) and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting to between 1280 and 1720 MHz in 2020 for the commercial mobile industry for each ITU region including Europe. Without the freeing up of additional spectrum, preferably harmonised at global level, new services and economic growth will be hindered by capacity constraints in mobile networks.

Comments: This amendment could lead EU policy-makers to preempt spectrum for telecom operators, overlooking alternative to spectrum management, such as unlicensed uses which are arguably better suited to keep pace witch traffic growth.

Amendment 10[modifier]

Amendement 10
Recital 13


(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13). The 800 MHz band is optimal 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 be made available for electronic communications in the Union by 2013. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. Additional spectrum for wireless broadband services in the 1.5 MHz band (1452-1492 MHz) and the 2.3 GHz band (2300-2400 MHz) should be freed up to meet the increasing demand for mobile traffic. Further mobile service spectrum allocations, such as the 700 MHz band (694-790 MHz), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV.

Comments:


Amendments 11 – 20[modifier]

Amendment 11[modifier]

Amendement 11
Recital 13 a (new)


(13a) Similar to the GSM standard, which was successfully taken up around the world thanks to an early and decisive pan-European harmonisation, the Union should aim to set the global agenda for future spectrum re-allocations especially for the most efficient part of the spectrum. Agreements in the World Radio Conference 2016 will be pivotal to ensure global harmonisation and co-ordination with neighbouring third countries.

Comments:

Amendment 12[modifier]

Amendement 12
Recital 13 b (new)


(13b) Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for a thriving future development of the sector. It is essential that terrestrial TV services and other actors be able to maintain existing services when an additional part of the spectrum is freed up for wireless services. Migration costs, resulting from the opening up of additional spectrum, may be covered through licence fees, making it possible for broadcasters to have the same opportunities as are enjoyed today in other parts of the spectrum.

Comments:

Amendment 13[modifier]

Amendement 13
Recital 13 c (new)


(13c) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. In order to accommodate the next generation of wireless technologies, for example, wider channels are required, enabling speeds in excess of 1Gbps.

Comments:

Amendment 14 -[modifier]

Amendement 14
Recital 14
-

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of pan-European operators, and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Comments: Pushing for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and decrease competition.

Amendment 15[modifier]

Amendement 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. 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.

(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. Optimising synergies between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. Relevant research organisations 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.

Comments:

Amendment 16[modifier]

Amendement 16
Recital 22


(22) Member States may also need support on frequency coordination in bilateral negotiations with non-Union neighbouring countries, including accession or candidate countries, to meet their Union obligations on frequency coordination issues. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3.4-3.8GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control.

(22) Member States are encouraged to continue bilateral negotiations with neighbouring third countries, including candidate and potential candidate countries, to meet their Union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other Member States. The Union shall assist Member States with technical and political support in their bilateral and multilateral negotiations with third countries, in particular neighbouring countries including candidate and potential candidate countries. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3.4-3.8GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control.

Comments:

Amendment 17[modifier]

Amendement 17
Recital 24


(24) The Commission should report to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

(24) The Commission should report annually to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions.

Comments: Regular reporting to the European Parliament ensures a strong role for the European Parliament.

Amendment 18[modifier]

Amendement 18
Article 2 – point a


(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

deleted

Comments: Compare am 24

Amendment 19[modifier]

Amendement 19
Article 2 – point b


(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) applying technology and service neutrality for the harmonised use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use and facilitate increased mobile data traffic and broadband services, in particular by fostering flexibility and to promote innovation;

Comments:

Amendment 20[modifier]

Amendement 20
Article 2 – point c


(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate and the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:


Amendments 21 – 30[modifier]

Amendment 21 -[modifier]

Amendement 21
Article 2 – point d
-

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services by ensuring effective competition, a level playing field and by promoting the emergence of pan-European operators.

Comments: Pushing for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and decrease competition.

Amendment 22[modifier]

Amendement 22
Article 2 – point d a (new)


(da) taking full account of the relevant EU law on human health of electromagnetic field emissions when defining the technical conditions for the use of spectrum,;

Comments:

Amendment 23[modifier]

Amendement 23
Article 2 – point d b (new)


(db) promoting the harmonisation of the use of radio frequencies across the Union, consistent with the need to ensure effective and efficient use.

Comments:

Amendment 24[modifier]

Amendement 24
Article 3 – point - a (new)


(-a) encourage efficient management and use of spectrum to meet the increasing demand for use of frequencies;

Comments:

Amendment 25[modifier]

Amendement 25
Article 3 – point a


(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) ensure that sufficient and appropriate spectrum is allocated for wireless services, amounting to at least 1200 Mhz by 2015, unless specified otherwise in the Radio Spectrum Policy Programme, in order to meet a rapidly growing demand for mobile data traffic, thereby allowing the development of commercial and public services;

Comments:

Amendment 26[modifier]

Amendement 26
Article 3 – point a a (new)


(aa) bridge the digital divide and realise the objectives of the Digital Agenda, ensuring that all Union citizens have access to broadband, not less than 30 Mbps by 2020 and making it possible for the Union to have the highest possible broadband speed and capacity;

Comments:

Amendment 27[modifier]

Amendement 27
Article 3 – point a b (new)


(ab) enable the Union to take the lead in wireless electronic communication broadband services by opening up sufficient additional spectrum in the most cost-efficient bands for these services to be widely available;

Comments:

Amendment 28[modifier]

Amendement 28
Article 3 – point a c (new)


(ac) secure opportunities for both the commercial sector as well as public services by means of increased mobile broadband capacities;

Comments:

Amendment 29 -[modifier]

Amendement 29
Article 3 – point b
-

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening up of harmonised spectrum to new advanced services, and the possibility of trading spectrum rights, thereby creating opportunities for pan-European structures to be established;

Comments: Pushing for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and decrease competition.

Amendment 30[modifier]

Amendement 30
Article 3 – point d


(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition, or by assigning frequencies in ways that correct market distortions;

Comments:


Amendments 31 – 40[modifier]

Amendment 31[modifier]

Amendement 31
Article 3 – point e


(e) reduce the fragmentation of the internal market by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate, including the development of transnational services, and by promoting economies of scale at Union level;

(e) reduce the fragmentation and fully exploit the potential of the internal market in order to foster economic growth and economies of scope and scale at Union level by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate;

Comments:

Amendment 32[modifier]

Amendement 32
Article 4 – paragraph 1


1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz, thereby allowing the highest possible capacity and broadband speeds to be achieved, as well as making effective competition possible.

Comments:

Amendment 33 +++[modifier]

Amendement 33
Article 4 – paragraph 2
+++

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum by enabling new technologies, such as cognitive radio, to develop.

Comments: Pushes for cognitive technologies, which will play a major role in the advent of mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 34 +[modifier]

Amendement 34
Article 4 – paragraph 5
+

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall develop guidelines on authorisation conditions and procedures for such bands, in particular on infrastructure sharing and coverage conditions;

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall identify best practices and encourage sharing of information for such bands and develop guidelines on authorisation conditions and procedures for such bands, for example on infrastructure sharing and coverage conditions, achieved through the principles of technology and service neutrality;

Comments: Pushes for service neutrality and infrastructure sharing, which has the potential to lower roll-out costs.

Amendment 35[modifier]

Amendement 35
Article 4 – paragraph 6


6. Whenever necessary in order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall take appropriate measures including financial penalties or the withdrawal of rights.

6. In order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall, when necessary, take appropriate measures including financial penalties, use of incentive fees tools and withdrawal of rights.

Comments:

Amendment 36[modifier]

Amendement 36
Article 5 – paragraph 1


1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

1. Member States shall promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

Comments: Makes the principle more sticky.

Amendment 37[modifier]

Amendement 37
Article 5 – paragraph 2 – point a a new


(aa) Member States may take steps to achieve a more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics;

Comments:

Amendment 38[modifier]

Amendement 38
Article 5 – paragraph 3


3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition by taking into account any potential anti-competitive outcomes for the benefit of Union citizens and consumers.

Comments:

Amendment 39[modifier]

Amendement 39
Article 6 – paragraph 1


1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the Union, enabling the Union to have the fastest broadband speed in the world in order to ensure that wireless applications and European leadership in new services contribute effectively to economic growth, achieving the target for all citizens to have access to broadband speeds of not less than 30 Mbps by 2020.

Comments:

Amendment 40[modifier]

Amendement 40
Article 6 – paragraph 2


2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those Commission Decisions.

Comments:


Amendments 41 – 50[modifier]

Amendment 41[modifier]

Amendement 41
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 whether additional spectrum could be freed and made available for new applications.

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. Only in cases duly justified for technical reasons, 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 whether additional spectrum could be freed and made available in order to meet an increasing demand for wireless broadband.

Comments:

Amendment 42[modifier]

Amendement 42
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 use of the 1.5 MHz band (1452-1492 MHz) 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 and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands, such as the 700 MHz band (694-790 MHz).

Member States shall ensure that, where appropriate, the cost of migration or re-allocation of spectrum usage are adequately compensated in accordance with national law.

Comments:

Amendment 43[modifier]

Amendement 43
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.

4. The Commission, in cooperation with Member States, 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, for example through coverage obligations achieved through the principles of technology and service neutrality; 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.

Comments:

Amendment 44 ++[modifier]

Amendement 44
Article 6 – paragraph 4 a (new)
++

4a. The Commission, in cooperation with Member States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems including radio local area networks as established by Decision 2005/513/EC to the entire 5GHz band.

The Commission is invited to pursue the adopted harmonisation agenda at the relevant international fora, notably the ITU World Radiocommunication Conferences.

Comments: Extends unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation.

Amendment 45[modifier]

Amendement 45
Article 6 – paragraph 5


5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz and other additional part of the spectrum being freed up for mobile services.

Comments:

Amendment 46 -[modifier]

Amendement 46
Article 6 – paragraph 6


6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling Internet access.

Comments: The Commission's formulation does not pre-empt frequencies for satellite use.

Amendment 47[modifier]

Amendement 47
Article - 7 (new)


Article -7

Spectrum needs for other wireless communication policies

In order to support the further development of innovative audiovisual media and other services to European citizens, taking into account the economic and social benefits of a digital single market, Member States, in cooperation with the Commission, shall ensure sufficient spectrum availability for satellite and terrestrial provision of such services.

Comments:

Amendment 48[modifier]

Amendement 48
Article 7 – title


Spectrum needs for specific Union policies

Spectrum needs for other specific Union policies

Comments:

Amendment 49[modifier]

Amendement 49
Article 8 – paragraph 1
+

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and identify future demand for spectrum in the Union. As an initial step such inventory shall include frequencies in the range from 300 MHz to 6 GHz, to be followed by frequencies from 6 GHz up to 70 GHz.

Comments: Favors greater transparency of spectrum use in relation to the upcoming inventory.

Amendment 50[modifier]

Amendement 50
Article 8 – paragraph 3 a (new)


3a. The inventory shall also include a report of the measures taken by the Member States in order to implement decisions at EU level regarding the harmonisation and use of the specific frequency bands.

Comments:


Amendments 51 – 60[modifier]

Amendment 51[modifier]

Amendement 51
Article 9 – paragraph 4


4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. The Union shall assist Member States with political and technical support in their bilateral and multilateral negotiations with third countries, in particular non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

Comments:

Amendment 52[modifier]

Amendement 52
Article 12


By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme and report to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision.

By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme. The Commission shall report annually to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision.

Comments:

Amendment 53 +[modifier]

Amendement 53
Recital 1
Hella Ranner

(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.

(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.

Comments: Removes obfuscation and dilusion, gets it more sticky.

Amendment 54 +[modifier]

Amendment 54
Recital 1
Sabine Verheyen, Herbert Reul

(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.

(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.

Comments: =53, De minimis

Amendment 55 +[modifier]

Amendement 55
Recital 1
Petra Kammerevert

(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.

(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) 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.

Comments: =53=54 de minimis

Amendment 56 ++[modifier]

Amendement 56
Recital 1 a (new)
Lena Kolarska-Bobińska
++

(1a) Spectrum is a publicly held good which can not be privately owned but which must be regulated by states in order to facilitate its usage by the means of licensed transmission rights or licence-free usage rights.

Comments: Recalls that spectrum is a public good and support free uses.

Amendment 57 ++[modifier]

Amendement 57
Recital 2
Petra Kammerevert
++

(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, 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.

(2) Spectrum is a public good of major societal, cultural, social and economic value. It 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, 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.

Comments: Underlines that spectrum is a commons, as opposed to a commodity that can be turned into property.

Amendment 58 ++[modifier]

Amendement 58
Recital 2
Hella Ranner
++

(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, 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.

(2) Spectrum is a public good of major societal, cultural, social and economic value. It 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, 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.

Comments: Underlines that spectrum is a commons, as opposed to a commodity that can be turned into property.

Amendment 59[modifier]

Amendement 59
Recital 2
Lena Kolarska-Bobińska

(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, 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.

(2) Spectrum is a key public 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, 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.

Comments:

Amendment 60[modifier]

Amendement 60
Recital 3
Jens Rohde, Philippe Lamberts

(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 and energy.

(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. The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers. 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 and energy.

Comments:


Amendments 61 – 70[modifier]

Amendment 61[modifier]

Amendement 61
Recital 3
Paul Rübig

(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 and energy.

(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 and energy. A delay of the necessary reform through current right holders should absolutely be avoided.

Comments: Against delay by interests in spectrum hording, but unclear implementation.

Amendment 62[modifier]

Amendement 62
Recital 3
Ioan Enciu

(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 and energy.

(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, employment creation and this will simultaneously contribute 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 and energy.

Comments:

Amendment 63 -[modifier]

Amendement 63
Recital 3 a (new)
Jens Rohde, Fiona Hall

(3a) This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market; to secure the full potential and consumer benefits of this radio spectrum programme and the single market the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as data protection and a European licence system for online content;

Comments: Adds talking points concerning supplementing policy agendas (e.g. EU content licensing), clearly beyond the scope of the programme to be amended.

Amendment 64 --[modifier]

Amendement 64
Recital 4
Giles Chichester
--

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe4 which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe4 which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage. Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation. At the same time (Digital) Terrestrial broadcasting remains the largest and most preferred TV distribution platform, both for Commercial and Public Service Free-to-Air TV (circa 60% of European households pick their primary TV signal from terrestrial broadcasting), and in many countries, is complemented by strong pay TV offerings. For this reason the Commission and Member States should take into account the unique technological, economic and societal benefits of terrestrial broadcasting when formulating the RSPP. Terrestrial broadcasting underpins media plurality and is a force for public good. It is currently the main guarantor of universal access to television, at a minimal cost, across Europe. It is universally available to European consumers across the EU and is the consumers' choice. Demand for linear TV is growing and not decreasing. Viewing habits for many European citizens have not changed and the overwhelming majority of viewing remains via linear television. Moreover in recent years, consumers have invested significantly into digital terrestrial TV equipment.

Comments: Unnecessary overstatement regarding the importance of migr-media and few-to-many communications system. Even though they play an important role today, the Internet represents and much better communications system and should be prioritized.

Amendment 65[modifier]

Amendement 65
Recital 4
Jan Březina, Alajos Mészáros

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. It is also a key action in the Digital Agenda for Europe4 which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage with speeds of at least 30 Mbps for all Europeans by 2020, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

(4) This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. The explosion of in particular audiovisual media services is driving demand for speed and coverage. It is also a key action in the Digital Agenda for Europe which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage. Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness, thereby achieving the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation.

Comments:

Amendment 66[modifier]

Amendement 66
Recital 5
Hella Ranner

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. Spectrum management is a national competence. It should be carried out in a manner consistent with existing Union law and should allow for action to pursue a Union spectrum policy. Pursuant to Article 8a(1) of the Framework Directive, Member States are required only to cooperate with one another and with the Commission in connection with the strategic planning, coordination and harmonisation of spectrum use.

Comments:

Amendment 67[modifier]

Amendement 67
Recital 5
Petra Kammerevert

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. Spectrum management is a national competence. It should be carried out in a manner consistent with existing Union law and should allow for action to pursue a Union spectrum policy. Pursuant to Article 8a(1) of the Framework Directive, Member States are required only to cooperate with one another and with the Commission in connection with the strategic planning, coordination and harmonisation of spectrum use.

Comments:

Amendment 68[modifier]

Amendement 68
Recital 5
Jens Rohde

(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

(5) The first programme should set the principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.

Comments:

Amendment 69[modifier]

Amendement 69
Recital 6
Petra Kammerevert

(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)5 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 can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies.

(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). Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing provisions. Such provisions should be based on the guidelines of and objectives for EU spectrum policy laid down in Article 8a of the Framework Directive.

Comments:

Amendment 70[modifier]

Amendement 70
Recital 6
Hella Ranner

(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)5 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 can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies.

(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). Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing provisions. Such provisions should be based on the guidelines of and objectives for EU spectrum policy laid down in Article 8a of the Framework Directive.

Comments:


Amendments 71 – 80[modifier]

Amendment 71 --[modifier]

Amendement 71
Recital 7
Hella Ranner
--

(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal use of spectrum may require the Commission and Member States to put in place mechanisms to facilitate co-existence between new and existing services and devices to the benefit of end-users and consumers. Such measures may include, but are not limited to the establishment of stakeholder dialogues to ensure optimization of end-user experience; setting up compensation mechanisms to cover migration and co-existence costs; and organizing consumer awareness campaigns.

Comments: These measures seem unappropriate or illegitimate. Commission's version better.

Amendment 72 +[modifier]

Amendement 72
Recital 7
Catherine Trautmann
+?

(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest, and most appropriate in accordance with Article 5 of Directive2002/20/EC.

Comments: Favors the identification of best practices and encourage information sharing, while avoiding uncessary reference to interference avoidance, which is a given in spectrum management and could be used to hamper innovation.

Amendment 73 +[modifier]

Amendement 73
Recital 7
Jean-Pierre Audy
+

(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations, auctions or infrastructure sharing. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

Comments: Favors the identification of best practices and encourage information sharing, while avoiding uncessary reference to interference avoidance, which is a given in spectrum management and could be used to hamper innovation.

Amendment 74 ++[modifier]

Amendement 74
Recital 7
Lena Kolarska-Bobińska
++

(7) Ensuring the optimal use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

(7) Ensuring the optimal use of spectrum as a public good may require innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing. The application of such principles in the Union might be facilitated by the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.

Comments: Recalls that spectrum is a public resource.

Amendment 75 ++[modifier]

Amendement 75
Recital 7 a (new)
Catherine Trautmann
++

(7a) While technologically still in development, so-called "cognitive technologies" could already be further explored and even implemented through geolocalised information of spectrum usage, which could ideally be mapped in the inventory.

Comments: Pushes for cognitive technologies, which will play a major role in the advent of mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 76 -[modifier]

Amendement 76
Recital 7 a (new)
Patrizia Toia
-

(7a) In order to guarantee optimum spectrum use, not least as regards production, public auctions should be organised with a view to generating revenue for the public coffers and encouraging fair and transparent spectrum allocation procedures.

Comments: Spectrum should not be a way for Member States to fill up public coffers but to maximize economic and social welfare.

Amendment 77 +[modifier]

Amendement 77
Recital 8
Hella Ranner
+

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

Comments: Deletes reference to trading rights of spectrum use, based on the notion that spectrum is a commons and not a property. In many cases, trading rights is not appropriate and is just a way for license holders to monetize the priviledge they have been granted to use spectrum.

Amendment 78 +[modifier]

Amendement 78
Recital 8
Petra Kammerevert
+

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

Comments: Deletes reference to trading rights of spectrum use, based on the notion that spectrum is a commons and not a property. In many cases, trading rights is not appropriate and is just a way for license holders to monetize the priviledge they have been granted to use spectrum.

Amendment 79[modifier]

Amendement 79
Recital 8
Hermann Winkler

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union. In addition, with a view to achieving the objectives of the ‘Digital Agenda for Europe’ part of the proceeds from the auctioning of spectrum rights (‘digital dividend’) should be used to speed up the expansion of broadband coverage.

Comments:

Amendment 80 +[modifier]

Amendement 80
Recital 8
Lena Kolarska-Bobińska
+

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

(8) Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands where flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Framework Directive. In addition, common principles for the format and content of such tradable rights, common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum and common standards for the removal of these licensed rights would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union.

Comments: Stresses the possibility for MEmber States to remove rights in specific cases, which sets a useful balance with thre possibility to trade such rights. Again, spectrum is a commons, not property.


Amendments 81 – 90[modifier]

Amendment 81[modifier]

Amendement 81
Recital 9
Paul Rübig

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Therefore, the award conditions shall ensure fair competition to ensure broadband communications in regions while new entrants shall not be prevented from the market entry. Also, new technologies should not be discriminated just because they are later available on the market. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

Comments:

Amendment 82[modifier]

Amendement 82
Recital 9
Gunnar Hökmark

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive). Member States may also take steps to achieve a more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics.

Comments:

Amendment 83[modifier]

Amendement 83
Recital 9
Giles Chichester

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive). Member States may also take steps to achieve more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics.

Comments:

Amendment 84[modifier]

Amendement 84
Recital 9
Jens Rohde, Fiona Hall

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition and a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore conduct a thorough analysis of competition effects prior to new spectrum allocations as well as take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

Comments:

Amendment 85[modifier]

Amendement 85
Recital 9
Philippe Lamberts

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the ‘Authorisation’ Directive) and Article 1(2) of Directive 87/372/EEC (the ‘GSM’ Directive).

Comments:

Amendment 86[modifier]

Amendement 86
Recital 10
Jens Rohde, Fiona Hall, Philippe Lamberts

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use and the efficiency thereof, following a common review and assessment methodology, is necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. The inventory should be sufficiently detailed to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Comments:

Amendment 87[modifier]

Amendement 87
Recital 10
Pilar del Castillo Vera

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs. In addition, taking into account the continuous growth of the number of applications using wireless data, Member States should promote the efficient use of spectrum for user applications.

Comments:

Amendment 88 ++[modifier]

Amendement 88
Recital 10
Philippe Lamberts
+

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Comments: Favors transparency.

Amendment 89[modifier]

Amendement 89
Recital 10
Henri Weber
+

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Comments: Favors transparency.

Amendment 90[modifier]

Amendement 90
Recital 10
Jens RohdePhilippe Lamberts

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz. This would help to identify inefficient technologies and usages in both the commercial and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.

Comments:


Amendments 91 – 100[modifier]

Amendment 91 -[modifier]

Amendement 91
Recital 10 a (new)
Patrizia Toia
-

(10a) Efficient and coordinated spectrum use and the fair and transparent management of spectrum allocation should make it possible for all media and telecommunications operators to guarantee communications pluralism, increase content production and improve the quality of the services provided to users, thereby encouraging all actors to innovate and offer better products at affordable prices.

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 92 -[modifier]

Amendement 92
Recital 11
Catherine Trautmann
-

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms.

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to existing and future spectrum use. Moreover, the direct cost of resolving interference issues and migration costs to enable the Digital Dividend should not be borne by the broadcasting industry nor by the EU citizens or should be adequately compensated.

Comments: Unduly insists on interference avoidance and praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 93 -[modifier]

Amendement 93
Recital 11
Hella Ranner
-

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms.

(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 conformity7 and future EU standardization for non-radio electronic networks and equipment are essential to achieve efficient spectrum use and should facilitate co-existence between new and existing devices. Future 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 and more sophisticated interference avoidance mechanisms such as improving immunity levels of receivers and setting appropriate power levels for new emitting radio equipment.

Comments: Puts unnecessary technical restrictions on equipement, which could chill innovation and new uses.

Amendment 94 -[modifier]

Amendement 94
Recital 11
Giles Chichester
-

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms.

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to the existing and future spectrum users.

Comments: Unduly insists on interference avoidance, and could be used in the future against innovative spectrum uses, such as white spaces. This should be left up to Member States.

Amendment 95 -[modifier]

Amendement 95
Recital 11
Patrizia Toia
-

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms.

(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 conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to existing and future spectrum users.

Comments: Unduly insists on interference avoidance, and could be used in the future against innovative spectrum uses, such as white spaces. This should be left up to Member States.

Amendment 96 -[modifier]

Amendement 96
Recital 11
Henri Weber
-

(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 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated interference avoidance mechanisms.

(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 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. 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 and more sophisticated mechanisms to avoid any interference or nuisance that might disturb current and future spectrum users.

Comments: Unduly insists on interference avoidance, and could be used in the future against innovative spectrum uses, such as white spaces. This should be left up to Member States.

Amendment 97[modifier]

Amendement 97
Recital 11 a (new)
Sabine Verheyen, Herbert Reul

(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.

Comments:

Amendment 98[modifier]

Amendement 98
Recital 12 a (new)
Catherine Trautmann

(12a) According to multiple converging studies, mobile data traffic is increasing rapidly and is currently being doubled every year. With this pace, which is likely to continue in the next coming years, mobile data traffic will have increased nearly 40 times from 2009 to 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including increased spectrum efficiency across the board, possible further harmonised spectrum allocations for wireless broadband, and traffic offload onto other networks via multi-mode devices.

Comments:

Amendment 99[modifier]

Amendement 99
Recital 12 a (new)
Patrizia Toia

(12a) More flexible arrangements governing spectrum use should be introduced in order to foster innovation and high-speed broadband connections which enable firms to reduce their costs and increase their competitiveness and make it possible to develop new interactive online services, for example in the fields of education and health and services of general interest.

Comments:

Amendment 100 --[modifier]

Amendement 100
Recital 13
Arturs Krišjānis Kariņš
--

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

deleted

Comments:

Amendments 101 – 110[modifier]

Amendment 101 -[modifier]

Amendement 101
Recital 13
Jan Březina, Alajos Mészáros
-

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. Further spectrum harmonisation in the 1.5 GHz band (1452-1492 MHz), a band already shared between satellite and terrestrial use, and the freeing up of the 2.3 GHz band (2300-2400 MHz) in support of the increasing demand for mobile broadband services should ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union. Further mobile service spectrum allocations, such as the 700 MHz band (694-790 MHz), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV.

Comments: Pushing for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and decrease competition.

Amendment 102[modifier]

Amendement 102
Recital 13
Jens Rohde, Philippe Lamberts

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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 be made available for electronic communications in the Union by 2013. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations could be attached to rights if necessary and in compliance with the principles of service and technology neutrality. Additional spectrum for wireless broadband and other new services in the 1.5 GHz band (1452-1492MHz), 2.3GHz band (2300-2400MHz) and 3.4-3.8GHz should be freed up to meet the increasing demand for new mobile services. Allocations below 790 MHz should also be envisaged for mobile services by 2015 following a closer assessment of growth in demand and capacity requirements.

Comments:

Amendment 103[modifier]

Amendement 103
Recital 13
Gunnar Hökmark

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. Additional spectrum for wireless broadband services in the 1.5 GHz band (1452-1492 MHz) and the 2.3 GHz band (2300-2400 MHz) should be freed up to meet the increasing demand for mobile traffic. Further mobile service spectrum allocations, such as the 700 MHz band (694-790 MHz), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV.

Comments:

Amendment 104[modifier]

Amendement 104
Recital 13
Hella Ranner

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band can be used optimally 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. Considering 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 band and the freeing up of the 2.3 GHz band (2300-2400 MHz) for mobile services shall contribute to meet the increasing demand for mobile traffic.

Comments:

Amendment 105[modifier]

Amendement 105
Recital 13
Sabine Verheyen, Herbert Reul

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band can 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. Considering 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 band and the freeing up of the 2.3 GHz band (2300-2400 MHz) for mobile services shall contribute to meet the increasing demand for mobile traffic.

Comments:

Amendment 106[modifier]

Amendement 106
Recital 13
Angelika Niebler

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 107[modifier]

Amendement 107
Recital 13
Hermann Winkler

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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 that connection, prompt implementation would forestall technical problems, in particular in regions bordering on two or more Member States. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 108[modifier]

Amendement 108
Recital 13
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) In addition to a timely and pro-competitive opening up of the 900 MHz band in accordance with the revised GSM directive 2009/114/EC, the 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 109[modifier]

Amendement 109
Recital 13
Silvana Koch-Mehrin

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) In addition to a timely and pro-competitive opening up the 900 MHz band in accordance with the Revised GSM Directive, the 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments: "Revised GSM Directive" is no proper reference.

Amendment 110[modifier]

Amendement 110
Recital 13
Matthias Groote

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) In accordance with the amended mobile telephony directive, the 900 MHz band is to be freed in the near future. In addition, the 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:


Amendments 111 – 120[modifier]

Amendment 111[modifier]

Amendement 111
Recital 13
Petra Kammerevert

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal for the coverage of large areas by, for example, 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 112[modifier]

Amendement 112
Recital 13
Teresa Riera Madurell

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 113[modifier]

Amendement 113
Recital 13
Peter Skinner

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band can 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 2015. In the longer term, additional spectrum in the UHF band could also be envisaged, depending on actual market demands, social and cultural objectives, experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

Comments:

Amendment 114[modifier]

Amendement 114
Recital 13
Henri Weber

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band may be used for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Commission Decision 2010/267/EU of 5 February 2010 setting up the GMES Partners Board1, and on the Commission Recommendation of 28 October 2009 facilitating the release of the digital dividend in the European Union2, 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 2015. In the longer term, additional spectrum in the UHF band could also be envisaged, depending on actual market demand, social and cultural objectives, experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

_________

1 OJ L 35, 6.2.2010, p. 23.

2 OJ L 308, 24.11.2009, p. 24.

Comments:

Amendment 115[modifier]

Amendement 115
Recital 13
Jean-Pierre Audy

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band is optimal 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. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. The feasibility of freeing up of additional spectrum for wireless broadband services shall be assessed to meet the increasing demand for mobile traffic. Further mobile service spectrum allocations should be evaluated in relation with the inventory lead in article 8 and depending on future capacity requirements for wireless broadband services and use of spectrum for other usages.

Comments:

Amendment 116[modifier]

Amendement 116
Recital 13
Lara Comi, Amalia Sartori

(13) The 800 MHz band is optimal 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 other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.

(13) The 800 MHz band can be used, for example, 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 as soon as feasible. In the longer term, the use of the entire radio spectrum range could be reviewed, depending on actual market demands plus social and cultural objectives. Furthermore, consumers and the broadcasting industry are now making substantial efforts and investments in clearing the 800 MHz band. Consequently, no additional change of use should be considered for the remaining broadcast spectrum.

Comments:

Amendment 117[modifier]

Amendement 117
Recital 13 a (new)
Arturs Krišjānis Kariņš

(13a) Commission Decision 2010/267/EU designated the 800 MHz band for terrestrial systems capable of providing electronic communication services leaving the Member States to decide individually whether and at what point in time to designate or make available the 800 MHz band for such systems. Nevertheless, with a view to achieving the targets for broadband coverage set up by the Europe 2020 Strategy, the introduction of a deadline for making available the 800 MHz band for systems capable of providing electronic communication services may be needed.

Comments:

Amendment 118 --[modifier]

Amendement 118
Recital 13 a (new)
Hella Ranner
--

(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.

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 119 --[modifier]

Amendement 119
Recital 13 a (new)
Sabine Verheyen, Herbert Reul
--

(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.

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 120 -[modifier]

Amendement 120
Recital 13 a (new)
Adina-Ioana Vălean
-

(13a) Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for a future thriving development of the sector. It is essential that terrestrial TV services and other actors can maintain or develop new services when part of the spectrum is freed up for wireless services. Migration costs, resulting from the opening up of spectrum may be covered through licence fees.

Comments: Unduly favors audiovisual mass media formats and content.

Amendments 121 – 130[modifier]

Amendment 121 +[modifier]

Amendement 121
Recital 13 a (new)
Jean-Pierre Audy
+

(13a) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. The feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC should be assessed in relation with the inventory of existing uses of and emerging needs for spectrum and depending on use of spectrum for other usages.

Comments:

Amendment 122 ++[modifier]

Amendement 122
Recital 13 a (new)
Catherine Trautmann
++

(13a) Wireless access systems operating under general authorisations, including radio local area networks, are outgrowing their current allocations on a licence-exempt basis at 2.4GHz and 5GHz. In order to accommodate the next generation of such wireless technologies, for example, wider channels are required to enable speeds in excess of 1Gbps that need access to additional spectrum bands, to be identified through the inventory of existing uses of and emerging needs for spectrum.

Comments: Pushes for unlicensed uses, which can icnrease access to the Internet and lancuh the next wave of innovation in mobile communications.

Amendment 123[modifier]

Amendement 123
Recital 13 a (new)
Jens Rohde, Fiona Hall, Philippe Lamberts

(13a) While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed as mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic.

Comments:

Amendment 124[modifier]

Amendement 124
Recital 13 b (new)
Arturs Krišjānis Kariņš

(13b) It has to be acknowledged that fixing of any obligatory deadline for making available the 800 Mhz band for terrestrial systems capable of providing electronic communication services could have direct implications on the organisation of the use of the band for general interest objectives or public security and defence purposes in some Member States. Furthermore, the optimal use of 800 MHz band may be impeded in cases where third countries have decided on different uses that cause harmful interference in some Member States and prevent them from efficient use of the 800 MHz band for systems capable of providing electronic communication services on their whole territory or on a part of it. In such cases the deadline to be set up in the present Decision for implementation of Commission Decision 2010/267/EU may need to be postponed in some Member States.

Comments:

Amendment 125[modifier]

Amendement 125
Recital 14
Jens Rohde, Fiona Hall

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions should be defined in concerted action among Member States and with the Commission. Conditions should primarily ensure new entrants' access to lower bands through auctions or other competition procedures; conditions could also include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of new pan-European services and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Comments:

Amendment 126[modifier]

Amendement 126
Recital 14
Lena Kolarska-Bobińska

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs), the duration of rights of use and the conditions by which rights can be withdrawn or transferred. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Comments:

Amendment 127[modifier]

Amendement 127
Recital 14
Giles Chichester

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of new pan-European operators and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Comments:

Amendment 128[modifier]

Amendement 128
Recital 14
Gunnar Hökmark

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of pan-European services and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.

Comments:

Amendment 129[modifier]

Amendement 129
Recital 15
Jens Rohde, Fiona Hall

(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. 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.

(15) Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), R&D, e-health, e-inclusion and public protection and disaster relief, the latter in view of its increased use of video and data transmission for quick and more efficient service. 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.

Comments:

Amendment 130[modifier]

Amendement 130
Recital 15
Ioan Enciu

(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. 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.

(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. Optimising synergies and direct links 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.

Comments:


Amendments 131 – 140[modifier]

Amendment 131 ++[modifier]

Amendement 131 +
Recital 17
Bogdan Kazimierz Marcinkiewicz
+

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types. While achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral.

Comments: Favors service neutrality.

Amendment 132 +[modifier]

Amendement 132
Recital 17
Jean-Pierre Audy
+

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types; while achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral.

Comments: Favors service neutrality.

Amendment 133[modifier]

Amendement 133
Recital 17
Philippe Lamberts

(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.

(17) Protection of public health against electromagnetic fields is essential for citizens' wellbeing and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to attain a better understanding of the responses of living organisms to electromagnetic fields and to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types.

Comments: Addresses health concerns of electromagnetic radiation.

Amendment 134[modifier]

Amendement 134
Recital 18
Jan Březina, Alajos Mészáros

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available on a coherent basis for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years.

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available on a coherent basis for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years. Satellite will also play an essential role in the delivery of a world class internal and external disaster response capability, a policy goal that has been foreseen in the recent Communication from DG ECHO, which will entail the use of satellite spectrum to contribute to European capabilities both within and beyond Europe’s borders.

Comments:

Amendment 135[modifier]

Amendement 135
Recital 18
Jens Rohde, Fiona Hall

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available on a coherent basis for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years.

(18) Essential public interest objectives such as safety of life call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available in a coordinated pan-European block of radio spectrum for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for public protection and disaster relief, across the Union in the next 5 to 10 years. Any additional harmonised allocation of spectrum for Public Protection and Disaster Relief (PPDR) below 1GHz should also include a review of potential to free up or share other PPDR-held spectrum.

Comments:

Amendment 136[modifier]

Amendement 136
Recital 19
Jens Rohde, Fiona Hall

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended8 means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and play a role in multilateral negotiations, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.

(19) Spectrum regulation has strong cross-border or international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended8 means that Member States shall not enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and ensure the Union speaks with one voice in multilateral negotiations to create global synergies and economies of scale in the use of spectrum, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law.

Comments:

Amendment 137[modifier]

Amendement 137
Recital 20
Gaston Franco

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

Comments:

Amendment 138[modifier]

Amendement 138
Recital 20
Giles Chichester

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC .

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC .

Comments:

Amendment 139[modifier]

Amendement 139
Recital 20
Silvia-Adriana Ţicău

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

(20) To evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the World Radio communications Conferences (WRC) and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

Comments:

Amendment 140[modifier]

Amendement 140
Recital 21
Edit Herczog

(21) The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for GALILEO (established by Council Regulation (EC) No 876/20029 setting up the Galileo Joint Undertaking and Council Regulation (EC) No 1321/200410 on the establishment of structures for the management of the European satellite radio-navigation programmes), as well as the Global Monitoring for Environment and Security European programme11 for the improved use of Earth observation data.

(21) To avoid the growing pressure on frequency band reserved for satellite navigation and satellite communication their bandwidth must be secured in the new planning of spectrum use; the 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for GALILEO (established by Council Regulation (EC) No 876/20029 setting up the Galileo Joint Undertaking and Council Regulation (EC) No 1321/200410 on the establishment of structures for the management of the European satellite radio-navigation programmes), as well as the Global Monitoring for Environment and Security European programme11 for the improved use of Earth observation data.

Comments:


Amendments 141 – 150[modifier]

Amendment 141[modifier]

Amendement 141
Recital 25 a (new)
Gaston Franco

(25a) The provisions of this Decision should be implemented in accordance with the guarantees provided by the procedures under Directive 2009/140/EC of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1.

_________

1 OJ L 337, 18.12. 2009, p. 37.

Comments:

Amendment 142[modifier]

Amendement 142
Recital 25 a (new)
Amalia Sartori, Lara Comi, Tiziano Motti

(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communication networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 143[modifier]

Amendement 143
Recital 25 a (new)
Patrizia Toia, Mario Pirillo, Teresa Riera Madurell, Niki Tzavela, Francesco De Angelis

(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 144[modifier]

Amendement 144
Recital 25 a (new)
Bogdan Kazimierz Marcinkiewicz

(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments: Contravenes de minimis principle.

Amendment 145[modifier]

Amendement 145
Article 1 – title
Angelika Niebler

Aim

Aim and scope

Comments:

Amendment 146[modifier]

Amendement 146
Article 1 – title
Petra Kammerevert

Aim

Aim and scope

Comments:

Amendment 147[modifier]

Amendement 147
Article 1 – title
Hella Ranner

Aim

Aim and scope

Comments:

Amendment 148[modifier]

Amendement 148
Article 1 – title
Sabine Verheyen, Herbert Reul

Aim

Scope

Comments:

Amendment 149[modifier]

Amendement 149
Article 1 – title
Henri Weber

Aim

Aim and scope

Comments:

Amendment 150[modifier]

Amendement 150
Article 1 – paragraph 1
Angelika Niebler

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes, in accordance with Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC and Decision No 67/2002/EC, a spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

Comments: Contravenes de minimis principle.

Amendments 151 – 160[modifier]

Amendment 151[modifier]

Amendement 151
Article 1 – paragraph 1
Petra Kammerevert

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes, in accordance with Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 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.

Comments:

Amendment 152[modifier]

Amendement 152
Article 1 – paragraph 1
Hella Ranner

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

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.

Comments:

Amendment 153[modifier]

Amendement 153
Article 1 – paragraph 1
Sabine Verheyen, Herbert Reul

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

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.

Comments:

Amendment 154[modifier]

Amendement 154
Article 1 – paragraph 1
Jean-Pierre Audy

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

Comments:

Amendment 155[modifier]

Amendement 155
Article 1 – paragraph 1
Catherine Trautmann

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

Comments:

Amendment 156[modifier]

Amendement 156
Article 1 – paragraph 1
Silvia-Adriana Ţicău

This Decision establishes a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

This Decision establishes a radio spectrum policy programme for the strategic planning, harmonisation and rationalisation of the use of spectrum to ensure the functioning of the internal market.

Comments:

Amendment 157 -[modifier]

Amendement 157
Article 1 – paragraph 1 a (new)
Henri Weber
-

(1a) This decision applies without prejudice to existing European law or 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 without prejudice to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.

Comments: Unecessary reference to audiovisual policy, favoring incumbent media players.

Amendment 158 --[modifier]

Amendement 158
Article 1 – paragraph 1 a (new)
Petra Kammerevert
--

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.

Comments: Unecessary reference to audiovisual policy, favoring incumbent media players.

Amendment 159[modifier]

Amendment 159
Article 1 – paragraph 1 a (new)
Sabine Verheyen, Herbert Reul
-

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.

Comments: Unnecessary reference under de minimis considerations, clarifies that content regulation etc is not in the scope.

Amendment 160[modifier]

Amendement 160
Article 1 – paragraph 1 a (new)
Hella Ranner

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 organize and use their spectrum for public order and public security purposes and defence.

Comments:


Amendments 161 – 170[modifier]

Amendment 161[modifier]

Amendement 161
Article 1 – paragraph 1 a (new)
Giles Chichester

This Decision is without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, and 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.

Comments:

Amendment 162[modifier]

Amendement 162
Article 1 – paragraph 1 a (new)
Catherine Trautmann

This Decision covers the internal market in all Union policy areas involving the use of spectrum such as but not limited to electronic communications, research and development, transport, energy and audiovisual.

Comments:

Amendment 163[modifier]

Amendement 163
Article 1 – paragraph 1 a (new)
Jean-Pierre Audy

This Decision covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, energy and audio-visual.

Comments:

Amendment 164[modifier]

Amendement 164
Article 1 – paragraph 1 b (new)
Catherine Trautmann

This Decision is in accordance with existing EU law, in particular Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC and Directive 1999/5/EC, and also with measures taken at national level, in compliance with EU law and respecting relevant international agreements, including the ITU Radio Regulations.

Comments:

Amendment 165[modifier]

Amendement 165
Article 1 – paragraph 1 c (new)
Catherine Trautmann

This Decision is 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 audiovisual policy.

Comments:

Amendment 166[modifier]

Amendement 166
Article 2 – paragraph 1 – introductory part
Jean-Pierre Audy

Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

1. Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

Comments:

Amendment 167[modifier]

Amendement 167
Article 2 – point a
Jean-Pierre Audy

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

deleted

Comments:

Amendment 168 -[modifier]

Amendement 168
Article 2 – point a
Paul Rübig
-

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies. Therefore the principles of flexibility and use of spectrum that is market oriented and effective, as a result of ensuring fair competition by involving existing business models on national level are of utmost importance;

Comments: Undue reference to commerical uses of the spectrum, which is a public resource.

Amendment 169 +[modifier]

Amendement 169
Article 2 – point a
Petra Kammerevert
+

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) (a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, whilst taking account of the social, cultural and economic value of spectrum as a whole;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value.

Amendment 170 --[modifier]

Amendement 170
Article 2 – point a
András Gyürk
--

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies in such a way that the interference-free operation of existing electronic communication networks are guaranteed;

Comments: Unduly insists on interference avoidance.


Amendments 171 – 180[modifier]

Amendment 171 +[modifier]

Amendement 171
Article 2 – point a
Patrizia Toia
+

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, while at the same time respecting the important social, cultural and economic value of spectrum;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value.

Amendment 172 +[modifier]

Amendement 172
Article 2 – point a
Giles Chichester
+

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, while at the same time respecting the important social, cultural and economic value of spectrum;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value.

Amendment 173 +[modifier]

Amendement 173
Article 2 – point a
Jean-Pierre Audy
+

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, at the same time taking account of spectrum’s great social, cultural and economic value;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value.

Amendment 174[modifier]

Amendement 174
Article 2 – point a
Henri Weber

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, whilst taking account of its social, cultural and economic implications;

Comments:

Amendment 175[modifier]

Amendement 175
Article 2 – point a
Hella Ranner

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(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, cultural and economic value of spectrum as a whole;

Comments:

Amendment 176[modifier]

Amendement 176
Article 2 – point a
Sabine Verheyen, Herbert Reul

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(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;

Comments:

Amendment 177 +[modifier]

Amendement 177
Article 2 – point a
Catherine Trautmann
+

(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies;

(a) encouraging efficient use of spectrum, also reflecting its important social, cultural and economic value;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value. More useful than Commission wording.

Amendment 178[modifier]

Amendement 178
Article 2 – point a a (new)
Silvia-Adriana Ţicău

(aa) encouraging efficient use of spectrum to best meet the consumer demand for use of frequencies, respecting the important social, cultural and economic value of spectrum;

Comments:

Amendment 179[modifier]

Amendement 179
Article 2 – point b
Catherine Trautmann

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

deleted

Comments:

Amendment 180[modifier]

Amendement 180
Article 2 – point b
Jean-Pierre Audy

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

deleted

Comments:


Amendments 181 – 190[modifier]

Amendment 181 -[modifier]

Amendement 181
Article 2 – point b
Jan Březina, Alajos Mészáros
-

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) applying technology and service neutrality for the harmonised use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use and facilitate increased mobile data traffic and broadband services, in particular by fostering flexibility, and to promote innovation, taking account of the need to avoid harmful interference and ensure technical quality of service;

Comments: Unduly insists on interference avoidance.

Amendment 182 -[modifier]

Amendement 182
Article 2 – point b
Robert Goebbels, Catherine Trautmann
-

(b) applying technology and service neutrality in the use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) applying technology and service neutrality for the harmonised use of spectrum for electronic communications networks and services, in accordance with Article 9 of Directive 2002/21/EC (Framework Directive), and where possible for other sectors and applications, in such a way as to promote efficiency of spectrum use and facilitate increased mobile data traffic and broadband services, in particular by fostering flexibility, and to promote innovation, taking account of the need to avoid harmful interference and ensure technical quality of service;

Comments: Unduly insists on interference avoidance.

Amendment 183[modifier]

Amendement 183
Article 2 – point c
Matthias Groote

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying in a non-discriminatory manner the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 184 +[modifier]

Amendement 184
Article 2 – point c
Silvia-Adriana Ţicău
+

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate, transparent and flexible authorisation system possible in such a way as to maximise accessibility, flexibility and efficiency in spectrum usage;

Comments: Sets up what is probably the most adequate framework for authorisation.

Amendment 185[modifier]

Amendement 185
Article 2 – point c
Jens Rohde, Fiona Hall

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate, non-discriminatory and least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 186[modifier]

Amendement 186
Article 2 – point c
Philippe Lamberts

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate, non-discriminatory and least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 187[modifier]

Amendement 187
Article 2 – point c
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate, least onerous and non-discriminatory authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 188[modifier]

Amendement 188
Article 2 – point c
Jean-Pierre Audy

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the most appropriate authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 189[modifier]

Amendement 189
Article 2 – point c
Silvana Koch-Mehrin

(c) applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

(c) applying the least onerous non-discriminatory authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;

Comments:

Amendment 190[modifier]

Amendement 190
Article 2 – point d
Petra Kammerevert

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(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, as well as social and territorial cohesion.

Comments:


Amendments 191 – 200[modifier]

Amendment 191[modifier]

Amendement 191
Article 2 – point d
Philippe Lamberts

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services by ensuring effective competition, a level playing field and by promoting the emergence of new pan-European operators.

Comments:

Amendment 192[modifier]

Amendement 192
Article 2 – point d
Giles Chichester

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services by ensuring effective competition, a level playing field and by promoting the emergence of new pan-European operators.

Comments:

Amendment 193[modifier]

Amendement 193
Article 2 – point d
Gunnar Hökmark

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services by ensuring effective competition, a level playing field and by promoting the emergence of pan-European services.

Comments:

Amendment 194[modifier]

Amendement 194
Article 2 – point d
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services by ensuring effective competition, and a level playing field.

Comments:

Amendment 195[modifier]

Amendement 195
Article 2 – point d
Jens Rohde, Fiona Hall

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development and functioning of the internal digital market, in particular by ensuring effective competition and a pan-European level playing field.

Comments:

Amendment 196[modifier]

Amendement 196
Article 2 – point d
Jean-Pierre Audy

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) guaranteeing the development of the internal market and digital services, in particular by ensuring effective competition.

Comments:

Amendment 197[modifier]

Amendement 197
Article 2 – point d
Catherine Trautmann

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) promoting the functioning of the internal market, in particular by fostering effective competition.

Comments:

Amendment 198[modifier]

Amendement 198
Article 2 – point d
Jean-Pierre Audy

(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition.

(d) promoting the functioning of the internal market, in particular by fostering effective competition.

Comments:

Amendment 199[modifier]

Amendement 199
Article 2 – point d a (new)
Jens Rohde, Fiona Hall

(da) guaranteeing the efficient use of spectrum by including in access rights the obligation to choose the most efficient and most appropriate compression, transmission and deployment technology while respecting the principle of service and technology neutrality;

Comments:

Amendment 200 -[modifier]

Amendement 200
Article 2 – point d a (new)
Silvia-Adriana Ţicău
-

(da) avoiding harmful forms of interference or disruptions;

Comments: Unduly insists on interference avoidance.

Amendments 201 – 210[modifier]

Amendment 201[modifier]

Amendement 201
Article 2 – point d a (new)
Jean-Pierre Audy

(da) promoting innovation;

Comments:

Amendment 202[modifier]

Amendement 202
Article 2 – point d a (new)
Catherine Trautmann

(da) promoting innovation;

Comments:

Amendment 203[modifier]

Amendement 203
Article 2 – point d b (new)
Catherine Trautmann

(db) in defining the technical conditions of the use of spectrum, take full account of the relevant EU law on human health regarding electromagnetic field emissions;

Comments:

Amendment 204[modifier]

Amendement 204
Article 2 – point d b (new)
Jean-Pierre Audy

(db) in defining the technical conditions of the use of spectrum, take full account of the relevant EU law on human health of electromagnetic field emissions.

Comments:

Amendment 205 +[modifier]

Amendement 205
Article 2 – paragraph 1 a (new)
Jean-Pierre Audy
+

For electronic communications the following specific principles apply:

(a) applying technology and service neutrality in accordance with Article 9 of Directive 2002/21/EC (Framework Directive) and where possible the transfer or lease of individual rights to use radio frequencies in accordance with Article 9b of Directive 2002/21/EC in the use of spectrum for electronic communications networks and services in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) promoting in accordance with Article 9 and 8a of Directive 2002/21/EC (Framework Directive) and with the Decision 676/2002/EC (Radio Spectrum Decision) the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use;

c) maintaining and developing effective competition by preventing through ex ante or ex post measures, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition.

Comments: Pushes for tech neutrality and competition.

Amendment 206 +[modifier]

Amendement 206
Article 2 – paragraph 1 a (new)
Catherine Trautmann
+

For electronic communications the following specific principles apply:

(a) applying technology and service neutrality in accordance with Article 9 of Directive 2002/21/EC (Framework Directive) and where possible the transfer or lease of individual rights to use radio frequencies in accordance with Article 9b of Directive 2002/21/EC in the use of spectrum for electronic communications networks and services in such a way as to promote efficiency of spectrum use, in particular by fostering flexibility, and to promote innovation;

(b) promoting in accordance with Article 9 and 8a of Directive 2002/21/EC (Framework Directive) and with the Decision 676/2002/EC (Radio Spectrum Decision) the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use;

c) maintaining and developing effective competition by preventing through ex ante or ex post measures, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition.

Comments: Pushes for tech neutrality and competition.

Amendment 207 +[modifier]

Amendement 207
Article 3 – point a
Jan Březina, Alajos Mészáros
+

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) ensure that sufficient and appropriate spectrum is allocated for wireless services, considering all technological solutions, amounting to at least 1200 Mhz by 2015, unless specified otherwise in the Radio Spectrum Policy Programme, in order to meet a rapidly growing demand for mobile data traffic, thereby allowing the development of commercial and public services;

Comments: Interesting mention of all technological solutions.

Amendment 208 -[modifier]

Amendement 208
Article 3 – point a
Hella Ranner
-

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(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;

Comments: Contrains the developement of unlicensed uses of spectrum.

Amendment 209[modifier]

Amendement 209
Article 3 – point a
Patrizia Toia

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, while taking into account important general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users;

Comments:

Amendment 210[modifier]

Amendement 210
Article 3 – point a
Giles Chichester

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, while taking into account general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users.

Comments:


Amendments 211 – 220[modifier]

Amendment 211 -[modifier]

Amendement 211
Article 3 – point a
Jean-Pierre Audy
-

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, while taking account of major general interest objectives, such as cultural diversity and media pluralism , and the interests of the various spectrum users;

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 212[modifier]

Amendement 212
Article 3 – point a
Henri Weber

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, and take account of the major general interest objectives of cultural diversity and media pluralism, and the interests of the various spectrum users;

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 213[modifier]

Amendement 213
Article 3 – point a
Catherine Trautmann

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, while taking into account important general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users;

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 214[modifier]

Amendement 214
Article 3 – point a
Paul Rübig

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner in particular to support policy objectives such as the prioritisation of broadband and safeguarding competition in particular through a timely implementation of Directive 2009/114/EC (revised GSM Directive)*;

_____________________

* OJ L 274, 20.10.2009, p. 25.

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 215 -[modifier]

Amendement 215
Article 3 – point a
Sabine Verheyen, Herbert Reul
-

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(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;

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 216 +[modifier]

Amendement 216
Article 3 – point a
Angelika Niebler
+

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives whilst taking account of the social, cultural and economic significance of spectrum as a whole;

Comments: Insists on the social, cultural and economic value of spectrum as a whole, not just commercial value. More useful than Commission wording.

Amendment 217[modifier]

Amendement 217
Article 3 – point a
Petra Kammerevert

(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives;

(a) make sufficient appropriate spectrum available in a timely manner to support the objectives of Union spectrum policy, whilst taking account of the scope for the development of radio broadcasting;

Comments:

Amendment 218[modifier]

Amendement 218
Article 3 – point a a (new)
Jan Březina, Alajos Mészáros

(aa) bridge the digital divide and realise the objectives of the Digital Agenda, ensuring that all Union citizens have access to broadband services, not less than 30 Mbps by 2020, taking into account the audiovisual nature of the expected demand, and making it possible for the Union to have the highest possible broadband speed and capacity;

Comments:

Amendment 219[modifier]

Amendement 219
Article 3 – point a a (new)
Silvia-Adriana Ţicău

(aa) bridge the digital divide and achieve the objectives of the Digital Agenda, ensuring that all Union citizens have access to broadband services, at not less than 30 Mbps by 2020, clearing the way for the provision of broadband services at the highest possible speed and capacity throughout the EU;

Comments:

Amendment 220 +[modifier]

Amendement 220
Article 3 – point a a (new)
Jean-Pierre Audy
+

(aa) ensure that sufficient and appropriate spectrum is allocated for wireless services, in order to meet the rapidly growing demand for mobile data transfer, thereby fostering the development of commercial and public services;

Comments: Pushes for broadband and mentions public services.


Amendments 221 – 230[modifier]

Amendment 221[modifier]

Amendement 221
Article 3 – point a a (new)
Sabine Verheyen, Herbert Reul

(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;

Comments:

Amendment 222[modifier]

Amendement 222
Article 3 – point a a (new)
Hella Ranner

(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 and economic value of spectrum as a whole;

Comments: Underlines that spectrum is a commons with social and cultural implications, as opposed to a commodity that can be turned into property.

Amendment 223[modifier]

Amendement 223
Article 3 – point a b (new)
Silvia-Adriana Ţicău

(ab) providing opportunities for both the business and services sectors through the provision of increased broadband capacity;

Comments:

Amendment 224 -[modifier]

Amendement 224
Article 3 – point b
Jan Březina, Alajos Mészáros
-

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) enhance flexibility in the use of spectrum, to promote innovation and investment, through a consistent application of the principles of technology and service neutrality applied in a consistent manner across the Union so as to ensure a level playing field between the technological solutions that may be adopted and through adequate regulatory predictability, the opening of harmonised spectrum to new advanced services, and the possibility to trade spectrum rights, thereby creating opportunities for pan-European structures to be established;

Comments: Pushes for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and undermine competition.

Amendment 225[modifier]

Amendement 225
Article 3 – point b
Petra Kammerevert

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights; in that connection, Member States may take measures which depart from this principle if the measures in question serve the objectives referred to in Article 9(4), letters a to d, of the Framework Directive;

Comments:

Amendment 226[modifier]

Amendement 226
Article 3 – point b
Hella Ranner

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights; in that connection, Member States may take measures which depart from this principle if the measures in question serve the objectives referred to in Article 9(4), letters a to d, of the Framework Directive;

Comments:

Amendment 227 +[modifier]

Amendement 227
Article 3 – point b
Robert Goebbels, Catherine Trautmann
+

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) enhance the efficient use of spectrum by fostering, where appropriate, flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening of spectrum to new services, and the possibility to trade spectrum rights;

Comments: Pushes for tech neutrality.

Amendment 228[modifier]

Amendement 228
Article 3 – point b
Ioan Enciu

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services and SMEs, and the possibility to trade spectrum rights;

Comments:

Amendment 229 -[modifier]

Amendement 229
Article 3 – point b
Gunnar Hökmark
-

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening up of harmonised spectrum to new advanced services and the possibility to trade spectrum rights, thereby creating opportunities for pan-European services to be developed;

Comments: Pushes for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and undermine competition.

Amendment 230[modifier]

Amendement 230
Article 3 – point b
Giles Chichester

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through a consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening of harmonised spectrum to new advanced services, and the possibility to trade spectrum rights; thereby opening up for pan-European services;

Comments:


Amendments 231 – 240[modifier]

Amendment 231[modifier]

Amendement 231
Article 3 – point b
Jean-Pierre Audy

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through the application of the principles of technology and service neutrality, the opening of spectrum to new services, and the possibility to trade spectrum rights;

(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through a consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening of harmonised spectrum to new advanced services, and the possibility to trade spectrum rights in accordance with the existent regulatory framework;

Comments:

Amendment 232 --[modifier]

Amendement 232
Article 3 – point b a (new)
Sabine Verheyen, Herbert Reul
--

(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;

Comments: Falsely pretends that hot spots, WiFi and other unlicensed use don't need spectrum. Technical absurdity.

Amendment 233 +++[modifier]

Amendement 233
Article 3 – point c
Catherine Trautmann
+++

(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation;

(c) enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation, as well as the development of license-exempt spectrum for innovation. Such uses could be envisaged in particular in white spaces through cognitive technologies, provided that a proper impact assessment is made;

Comments: Pushes for white space uses and other unlicensed use, which can icnrease access to the Internet and lancuh the next wave of innovation in mobile communications.

Amendment 234 +[modifier]

Amendement 234
Article 3 – point c a (new)
Catherine Trautmann
+

(ca) encourage passive infrastructure sharing where this would be proportionate and non-discriminatory, as envisaged in Article 12 of Directive 2002/21/EC;

Comments: Infrastructure sharing have the potential to lower costs and multiply the kind of uses of spectru that can be implemented.

Amendment 235[modifier]

Amendement 235
Article 3 – point d
Silvana Koch-Mehrin

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which is likely to distort competition (e.g. when implementing Directive 2009/114/EC (revised GSM Directive));

Comments:

Amendment 236 ++[modifier]

Amendement 236
Article 3 – point d
Lena Kolarska-Bobińska
++

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition by means of withdrawal of frequency rights or other measures;

Comments: Underlines the possibility of right withdrawal. Pushed the notion of spectrum as a commons.

Amendment 237[modifier]

Amendement 237
Article 3 – point d
Ioan Enciu

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition and distortion in the market;

Comments:

Amendment 238 +[modifier]

Amendement 238
Article 3 – point d
Matthias Groote
+

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which results in significant harm to competition;

(d) maintain and develop effective competition, in particular in electronic communication services, by preventing ex ante, or remedying ex post, excessive accumulation of radio frequencies by certain economic operators which is highly likely to distort competition;

Comments: Establishes a presumption against accumulation of frequencies by incumbents.

Amendment 239[modifier]

Amendement 239
Article 3 – point e
Catherine Trautmann

(e) reduce the fragmentation of the internal market by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate, including the development of transnational services, and by promoting economies of scope and scale at Union level;

(e) reduce the fragmentation of the internal market in order to establish a pan-European level playing field, by enhancing coordination and harmonisation of technical conditions for the use and availability of spectrum, as appropriate, including the development of transnational services, and by promoting economies of scope and scale at Union level;

Comments:

Amendment 240[modifier]

Amendement 240
Article 3 – point f
Hella Ranner

(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, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;

(f) avoid harmful interference or disturbance between other radio or non-radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum, such as increasing immunity of receivers to interference and setting appropriate power levels for emitting radio equipment, taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications;

Comments:


Amendments 241 – 250[modifier]

Amendment 241[modifier]

Amendement 241
Article 3 – point g
Bogdan Kazimierz Marcinkiewicz

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions.

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions and apply them in a technology and service neutral way.

Comments:

Amendment 242[modifier]

Amendement 242
Article 3 – point g
Jean-Pierre Audy

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions.

(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions and apply them in a technology and service neutral way.

Comments:

Amendment 243[modifier]

Amendement 243
Article 3 – point g a (new)
Silvia-Adriana Ţicău

(ga) ensuring the accessibility of new consumer products and technologies so as to secure consumer endorsement for the transition to digital technology and efficient use of the digital dividend;

Comments:

Amendment 244 +[modifier]

Amendement 244
Article 3 – point g a (new)
Lena Kolarska-Bobińska
+

(ga) in defining those areas of the spectrum which should be made open for use without licensed rights and/or reserved to scientific research;

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and broadband coverage.

Amendment 245 +++[modifier]

Amendement 245
Article 3 – point g a (new)
Philippe Lamberts
+++

(ga) promote reuse of existing internet protocols and technologies for digital spectrum services;

Comments: Build on the success of Internet technologies to expand broadband access in the wireless world.

Amendment 246[modifier]

Amendement 246
Article 3 – point g b (new)
Philippe Lamberts

(gb) reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications;

Comments:

Amendment 247[modifier]

Amendement 247
Article 3 – point g b (new)
Paul Rübig

(gb) reduce the Union's carbon footprint by enhancing the technical efficiency of wireless communication networks and applications;

Comments:

Amendment 248[modifier]

Amendement 248
Article 4 – paragraph 1
Jean-Pierre Audy

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive).

Comments:

Amendment 249[modifier]

Amendement 249
Article 4 – paragraph 1
Jan Březina, Alajos Mészáros

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive)12 , such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive)12 , such as allowing relevant terrestrial operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz, thereby allowing the highest possible capacity and broadband speeds to be achieved, as well as making effective competition possible.

Comments:

Amendment 250[modifier]

Amendement 250
Article 4 – paragraph 1
Silvia-Adriana Ţicău

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.

Comments:


Amendments 251 – 260[modifier]

Amendment 251 +++[modifier]

Amendement 251
Article 4 – paragraph 2
Catherine Trautmann
+++

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared and license-exempt use of spectrum, for example in white spaces after proper impact assessment is made.

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and broadband coverage.

Amendment 252 ++[modifier]

Amendement 252
Article 4 – paragraph 2
Leonidas Donskis
++

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, where appropriate, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum by enabling new technologies, such as cognitive radio, to develop.

Comments: Pushes for cognitive technologies, which will play a major role in the advent of mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 253 ++[modifier]

Amendement 253
Article 4 – paragraph 2
Jens Rohde, Fiona Hall
++

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum through the application of new technologies such as cognitive radio.

Comments: Pushes for cognitive technologies, which will play a major role in the advent of mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 254 +++[modifier]

Amendement 254
Article 4 – paragraph 2
Philippe Lamberts
+++

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared use of spectrum.

2. Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared and unlicensed use of spectrum.

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and broadband coverage.

Amendment 255[modifier]

Amendement 255
Article 4 – paragraph 3
Philippe LambertsHenri Weber

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies

3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Special attention shall also be given to standards for equipment to be used by disabled people, without depriving them of the right to use non-standardised equipment if that is their preference.

Comments:

Amendment 256 ++[modifier]

Amendement 256
Article 4 – paragraph 3 a (new)
Catherine Trautmann
++

3a. Member States shall intensify R&D on new technologies such as cognitive technologies as their development could represent an added-value in the future in terms of efficiency of spectrum use.

Comments: Pushes for cognitive technologies, which will play a major role in the advent of mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 257 -[modifier]

Amendement 257
Article 4 – paragraph 4
Hella Ranner
-

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum and co-existence between new and existing services and devices to the benefit of end users and consumers, and by establishing measures such as stakeholder dialogues and compensation mechanisms.

Comments: Unduly insists on interference avoidance and praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 258[modifier]

Amendement 258
Article 4 – paragraph 4
Giles Chichester

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum. In addition, Member States shall promote the ongoing efficient use of spectrum for both networks and user applications.

Comments:

Amendment 259[modifier]

Amendement 259
Article 4 – paragraph 4
Paul Rübig

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum. In addition, Member States shall introduce incentives for the efficient use of spectrum for both networks and applications.

Comments:

Amendment 260[modifier]

Amendement 260
Article 4 – paragraph 4
Henri Weber, Philippe Lamberts

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum, in addition, incentives to make wireless hardware and software equipment more spectrum efficient shall be introduced.

Comments:


Amendments 261 – 270[modifier]

Amendment 261[modifier]

Amendement 261
Article 4 – paragraph 4
Catherine Trautmann

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum as well as co-existence between new and existing services and devices.

Comments:

Amendment 262 +[modifier]

Amendement 262
Article 4 – paragraph 4
Jens Rohde, Fiona Hall
+

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote competition and a pan-European level playing field, investment and efficient use of spectrum.

Comments: Stresses a notion of competition law and diminishes a notion of investment.

Amendment 263 ++[modifier]

Amendement 263
Article 4 – paragraph 4
Lena Kolarska-Bobińska
++

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum.

4. Member States shall ensure that selection conditions and procedures promote investment and efficient use of spectrum as a public good.

Comments: Recalls that spectrum is a public resource.

Amendment 264[modifier]

Amendement 264
Article 4 – paragraph 4 a (new)
Catherine Trautmann

4a. Member States shall promote the ongoing efficient use of spectrum for both networks and user applications and devices.

Comments:

Amendment 265[modifier]

Amendement 265
Article 4 – paragraph 5
Jens Rohde

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall develop guidelines on authorisation conditions and procedures for such bands, in particular on infrastructure sharing and coverage conditions;

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall develop guidelines on authorisation conditions and procedures for such bands to ensure a pan-European level playing field;

Comments:

Amendment 266[modifier]

Amendement 266
Article 4 – paragraph 5
Silvia-Adriana Ţicău

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States, shall develop guidelines on authorisation conditions and procedures for such bands, in particular on infrastructure sharing and coverage conditions.

5. In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States and in accordance with the principle of subsidiarity, shall develop guidelines on authorisation conditions and procedures for such bands, in particular on infrastructure sharing and coverage conditions.

Comments:

Amendment 267[modifier]

Amendement 267
Article 4 – paragraph 6 a (new)
Matthias Groote

6a. The measures taken pursuant to paragraph 1 shall be additional to the prompt freeing of the 900 Mhz band in keeping with the amended mobile telephony directive. These measures must not give rise to any form of discrimination and must rule out distortions of competition to the benefit of operators with a dominant market position.

Comments:

Amendment 268[modifier]

Amendement 268
Article 4 – paragraph 6 a (new)
Lena Kolarska-Bobińska

6a. In order to limit excessive electromagnetic field emissions and increase efficiency in transmission networks, Member States shall foster greater cooperation between spectrum rights license holders towards the sharing of transmission infrastructures, with a special focus on densely populated areas.

Comments:

Amendment 269[modifier]

Amendement 269
Article 4 – paragraph 6 a (new)
Silvana Koch-Mehrin

6a. The measures according to paragraph 1 shall be undertaken in addition to a timely and pro-competitive opening up the 900 MHz band in accordance with the Directive 2009/114/EC (revised GSM Directive) , shall be non-discriminatory and shall not distort competition to the benefit of incumbent operators.

Comments:

Amendment 270[modifier]

Amendement 270
Article 4 – paragraph 6 a (new)
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

6a. The measures in paragraph 1 stall be undertaken in addition to a timely and pro-competitive opening up of the 900 MHz band in accordance with Directive 2009/114/EC (revised GSM Directive), shall be non-discriminatory and shall not distort competition.

Comments:


Amendments 271 – 280[modifier]

Amendment 271 +++[modifier]

Amendement 271
Article 4 – paragraph 6 a (new)
Philippe Lamberts
+++

6a. Member States and the Commission shall propose steps to reduce legal friction and liabilities in the context of wireless mesh network and radio spectrum use for internet service provision.

Comments: Pushes for legal improvements to allow the development of mesh networking, paving the way for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 272[modifier]

Amendement 272
Article 5 – paragraph 1
Jean-Pierre Audy

1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

1. Member States shall promote effective competition and avoid distortions of competition in the internal market for electronic communications services in accordance with article 9(7) of Directive 2002/21/EC and 5(6) of Directive 2002/20/EC.

Comments:

Amendment 273[modifier]

Amendement 273
Article 5 – paragraph 1
Silvia-Adriana Ţicău

1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market or in a substantial part of it.

1. Member States shall maintain and promote effective competition and avoid distortions of competition in both the internal market and specific national markets.

Comments:

Amendment 274[modifier]

Amendement 274
Article 5 – paragraph 2 – introductory part
Giles Chichester

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States shall, when planning to assign spectrum, carefully examine whether the planned spectrum assignment - taking into account the existing spectrum assignments to the competing mobile operators in their territory - is likely to reduce or distort competition in the mobile markets concerned. Where the planned spectrum assignment - taking into account existing spectrum assignments - is likely to result in the reduction or distortion of competition, Member States shall address such reduction or distortion by adopting at least one of the following measures, which are without prejudice to the application of competition rules:

Comments:

Amendment 275[modifier]

Amendement 275
Article 5 – paragraph 2 – introductory part
Jens Rohde, Fiona Hall, Philippe Lamberts

2. In order to implement fully the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any accumulation, transfer or modification of rights of use for radio frequencies, Member States may adopt inter alia the following measures, which are without prejudice to the application of competition rules:

2. In order to fully implement the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any assignment, accumulation, transfer or modification of rights of use for radio frequencies, Member States shall, prior to a planned spectrum assignment, conduct a thorough market analysis examining whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall adopt the most appropriate measures to promote effective competition, and at least one of the following measures, which are without prejudice to the application of competition rules:

Comments:

Amendment 276[modifier]

Amendement 276
Article 5 – paragraph 2 – point a
Bogdan Kazimierz Marcinkiewicz

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

Comments:

Amendment 277[modifier]

Amendement 277
Article 5 – paragraph 2 – point a
Jens Rohde, Fiona Hall, Adina-Ioana Vălean, Philippe Lamberts

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

Comments:

Amendment 278[modifier]

Amendement 278
Article 5 – paragraph 2 – point a
Lena Kolarska-Bobińska

(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

(a) Member States may limit the amount of spectrum for which rights of use are granted to any operator or may attach conditions to such rights of use, such as the provision of wholesale access, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;

Comments:

Amendment 279 +[modifier]

Amendement 279
Article 5 – paragraph 2 – point a a (new)
Jens Rohde, Fiona Hall, Philippe Lamberts
+

(aa) Member States may reserve a certain part of a spectrum band or group of bands to be assigned to new entrants that have not previously been assigned any spectrum or that have been assigned considerably less spectrum to ensure a level playing field between early entrants to the mobile market and new entrants by securing access to lower spectrum bands on equal terms;

Comments: Pushes for competition.

Amendment 280 +[modifier]

Amendement 280
Article 5 – paragraph 2 – point a a (new)
Lena Kolarska-Bobińska
+

(aa) Member States may take steps to achieve a more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics or by reserving spectrum for unlicensed usage in those bands;

Comments: Pushes for competition.

Amendments 281 – 290[modifier]

Amendment 281 -[modifier]

Amendement 281
Article 5 – paragraph 2 – point b
Silvia-Adriana Ţicău
-

(b) Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, when this would lead to an accumulation of spectrum frequencies by certain economic operators which is likely to result in significant harm to competition;

(b) Member States may refuse to grant new rights of use or to allow new spectrum usages in certain bands, or may attach conditions to the grant of new rights of use or to the authorisation of new spectrum usages, when this would lead to an accumulation of spectrum frequencies by certain economic operators, in cases where such accumulation is likely to result in significant harm to competition;

Comments: Seeks to shield incumbents from competition.

Amendment 282 -[modifier]

Amendement 282
Article 5 – paragraph 2 – point d
Silvana Koch-Mehrin
-

(d) Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which significantly harms competition.

(d) Member States may amend the existing rights in accordance with Article 14 of Directive 2002/20/EC when this is necessary to remedy ex-post excessive accumulation of spectrum frequencies within certain economic operators which is likely to distort competition (e.g. when implementing the Directive 2009/114/EC (Revised GSM Directive) .

Comments: Seeks to shield incumbents from competition.

Amendment 283[modifier]

Amendement 283
Article 5 – paragraph 2 a (new)
Catherine Trautmann

2a. When applying measures as mentioned in paragraph 2, Member States shall do so in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 284[modifier]

Amendement 284
Article 5 – paragraph 3
Catherine Trautmann

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition. To that extent and to avoid lengthy discussions impeding roll-out, to the detriment of the customers, Member States should consider the opportunity to set-up deadlines to the negotiations with landlords in relation to passive infrastructure deployment. After this time, it should be considered that no agreement has been made and give the possibility to start a new negotiation.

Comments:

Amendment 285 -[modifier]

Amendement 285
Article 5 – paragraph 3
Hella Ranner
-

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition and promote the end user experience through co-existence between new and existing services and devices, by establishing measures such as stakeholder dialogues and compensation mechanisms.

Comments: Unduly insists on interference avoidance and praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 286[modifier]

Amendement 286
Article 5 – paragraph 3
Philippe Lamberts

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition by preventing any potential anti-competitive outcomes for the benefit of EU citizens and consumers.

Comments:

Amendment 287[modifier]

Amendement 287
Article 5 – paragraph 3
Gunnar Hökmark

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition by preventing any potential anti-competitive outcomes for the benefit of EU citizens and consumers.

Comments:

Amendment 288 +[modifier]

Amendement 288
Article 5 – paragraph 3
Giles Chichester
+

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition by preventing any potential anti-competitive outcomes for the benefit of EU citizens and consumers.

Comments: Pushes for authorisation schemes that favor competition and the includes the notion of "citizens", thereby alluding to the democratic implications of spectrum use.

Amendment 289[modifier]

Amendement 289
Article 5 – paragraph 3
Jean-Pierre Audy

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures for electronic communications services avoid undue delays and promote effective competition for the benefit of EU citizens and consumers.

Comments:

Amendment 290[modifier]

Amendement 290
Article 5 – paragraph 3
Silvia-Adriana Ţicău

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays, ensure predictable outcomes and promote investment and effective competition.

Comments:


Amendments 291 – 300[modifier]

Amendment 291[modifier]

Amendement 291
Article 5 – paragraph 3
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition.

Comments: =292

Amendment 292[modifier]

Amendement 292
Article 5 – paragraph 3
Silvana Koch-Mehrin

3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competition.

3. Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition.

Comments: Stresses principle of non-discrimination

Amendment 293[modifier]

Amendement 293
Article 5 – paragraph 3 a (new)
Bogdan Kazimierz Marcinkiewicz

3a. Where Member States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC*, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

______________________

* OJ L 337, 18.12.2009, p.37.

Comments:

Amendment 294[modifier]

Amendement 294
Article 5 – paragraph 3 a (new)
Maria Da Graça Carvalho

3a. Where Member States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 295[modifier]

Amendement 295
Article 5 – paragraph 3 a (new)
Amalia Sartori, Lara Comi, Tiziano Motti

3a. Where Members States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 296[modifier]

Amendement 296
Article 5 – paragraph 3 a (new)
Patrizia Toia, Teresa Riera Madurell, Mario Pirillo, Niki Tzavela, Francesco De Angelis

3a. Where Member States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

Comments:

Amendment 297[modifier]

Amendement 297
Article 6 – paragraph 1
András Gyürk

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes (including the backhaul network) is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

Comments:

Amendment 298[modifier]

Amendement 298
Article 6 – paragraph 1
Leonidas Donskis

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is available within the Union, enabling the Union to have the fastest broadband speed in the world in order to ensure that wireless applications and European leadership in new services contribute effectively to economic growth achieving the target for all citizens to have access to broadband of speeds of not less than 30 Mbps by 2020.

Comments:

Amendment 299[modifier]

Amendement 299
Article 6 – paragraph 1
Bogdan Kazimierz Marcinkiewicz

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband of a speed of at least 30 Mbps by 2020.

1. Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient spectrum for coverage and capacity purposes is allocated within the Union, in order to ensure that wireless applications contribute effectively to achieving the target for all citizens to have access to broadband network capable of a speed of at least 30 Mbps by 2020.

Comments:

Amendment 300[modifier]

Amendement 300
Article 6 – paragraph 2
Leonidas Donskis

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, make the bands designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), available, in order to promote wider availability of wireless broadband services for the benefit of EU citizens and consumers, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those Commission Decisions.

Comments:


Amendments 301 – 310[modifier]

Amendment 301[modifier]

Amendement 301
Article 6 – paragraph 2
Lambert van Nistelrooij, Hermann Winkler

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in Commission Decision 2008/411/EC.

Comments:

Amendment 302[modifier]

Amendement 302
Article 6 – paragraph 2
Jean-Pierre Audy

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services; in order to ensure harmonisation, the use of the 3.4-3.8 GHz band should be based on the outcome of the ongoing work of standardisation bodies.

Comments:

Amendment 303 +[modifier]

Amendement 303
Article 6 – paragraph 2
Philippe Lamberts
+

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services.

2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with unlicensed and non-discriminatory access to wireless broadband services.

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and wireless broadband coverage.

Amendment 304[modifier]

Amendement 304
Article 6 – paragraph 2 a (new)
Catherine Trautmann

2a. Member States shall promote the ongoing upgrade by providers of electronic communications of their networks to the latest, most efficient technology, in order to create their own dividends.

Comments: Encourages technology upgrades of individual users to free white space.

Amendment 305[modifier]

Amendement 305
Article 6 – paragraph 3
Leonidas Donskis

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 whether additional spectrum could be freed and made available for new applications.

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, including cross-border frequency coordination problems, would prevent the availability of the band, the Commission should authorise specific derogations until the end of 2015 in response to application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission authorises exceptional derogations on an annual basis until the aforementioned obstacles are removed. 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 whether additional spectrum could be freed and made available in order to meet an increasing demand for wireless broadband.

Comments:

Amendment 306[modifier]

Amendement 306
Article 6 – paragraph 3
Vladimir Urutchev

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 whether additional spectrum could be freed and made available for new applications.

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 2010/267/EU. In Member States where specific national or local circumstances or cross-border frequency coordination problems with one or more third countries would prevent the availability of the band, the implementation of Commission Decision 2010/267/EU may be postponed until such obstacles are removed. The relevant Member States shall notify the Commission confirming their intention to make use of the implementation delay set out in this paragraph not later than 6 months following the entry into force of the present Decision. 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 whether additional spectrum could be freed and made available for new applications.

Comments:

Amendment 307[modifier]

Amendement 307
Article 6 – paragraph 3
Lara Comi, Amalia Sartori

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 circums

tances 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 whether additional spectrum could be freed and made available for new applications.

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 shall authorise specific derogations until the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the entire radio spectrum and assess whether additional spectrum could be freed and made available for new applications. This will include, for example, the use of WiFi and DVB based technologies as a complementary platform for services to mobile devices.

Comments:

Amendment 308[modifier]

Amendement 308
Article 6 – paragraph 3
Jean-Pierre Audy

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 whether additional spectrum could be freed and made available for new applications.

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 should authorise specific derogations until the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed.

In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, and assess whether additional spectrum could be freed and made available for new applications, in relation with the inventory lead in article 8.

Comments:

Amendment 309[modifier]

Amendement 309
Article 6 – paragraph 3
Arturs Krišjānis Kariņš

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 whether additional spectrum could be freed and made available for new applications.

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 should authorise specific derogations until the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed. 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 whether additional spectrum could be freed and made available for new applications.

Comments:

Amendment 310[modifier]

Amendement 310
Article 6 – paragraph 3
Peter Skinner

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 whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 17 June 2015 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 the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time the Commission recommends to make the band available by 1 January 2013. 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 UHF band (i.e. spectrum between 300 MHz and 3GHz) and assess whether additional spectrum could be freed and made available for new applications.

Comments:


Amendments 311 – 320[modifier]

Amendment 311[modifier]

Amendement 311
Article 6 – paragraph 3
Jens Rohde

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 whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 1 January 2013 make the 800 MHz band available for spectrum assignments for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. Only in exceptional cases and where duly justifiable historical reasons prevent the availability of the band, the Commission may authorise specific derogations until 2015

Comments:

Amendment 312[modifier]

Amendement 312
Article 6 – paragraph 3
Henri Weber

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 whether additional spectrum could be freed and made available for new applications.

3. Member States shall, by 17 June 2015 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 the digital switchover process is already well advanced or has been completed and where the migration of incumbent services can be managed on time, the Commission recommends making the band available by 1 January 2013. 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 between 300 MHz and 6 GHz and assess whether additional spectrum could be freed and made available for new applications.

Comments:

Amendment 313[modifier]

Amendement 313
Article 6 – paragraph 3
Paul Rübig

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 whether additional spectrum could be freed and made available for new applications.

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 UHF band (i.e. spectrum between 300 MHz and 3GHz) and assess whether additional spectrum could be freed and made available for new applications.

Comments:

Amendment 314[modifier]

Amendement 314
Article 6 – paragraph 3
Giles Chichester

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 whether additional spectrum could be freed and made available for new applications.

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. Only in cases duly justified for technical reasons 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 whether additional spectrum could be freed and made available in order to meet an increasing demand for wireless broadband and new applications.

Comments:

Amendment 315[modifier]

Amendement 315
Article 6 – paragraph 3
Sabine Verheyen, Herbert Reul

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 whether additional spectrum could be freed and made available for new applications.

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.

Comments:

Amendment 316[modifier]

Amendement 316
Article 6 – paragraph 3
Hella Ranner

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 whether additional spectrum could be freed and made available for new applications.

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.

Comments:

Amendment 317 +[modifier]

Amendement 317
Article 6 – paragraph 3
Philippe Lamberts
+

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 whether additional spectrum could be freed and made available for new applications.

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, between 300 MHz and 6GHz and assess whether additional spectrum could be freed and made available for new applications.

Comments: Favors spectrum use for broadband wireless Internet.

Amendment 318 +[modifier]

Amendement 318
Article 6 – paragraph 3
Angelika Niebler
+

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 whether additional spectrum could be freed and made available for new applications.

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 entire spectrum and assess whether additional spectrum could be freed and made available for new applications.

Comments: Favors spectrum use for broadband wireless Internet.

Amendment 319 -[modifier]

Amendement 319
Article 6 – paragraph 3 a (new)
Jan Březina, Alajos Mészáros
-

3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the further harmonisation and more efficient use across the Union of the 1.5 GHz band (1452-1492 MHz), a band already shared between satellite and terrestrial use, 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 and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands, such as the 700 MHz band (694-790 MHz) in support of the increasing demand for mobile broadband services due primarily to audiovisual content. Such further harmonisation shall be without prejudice to the technological solutions that may be adopted across the Union and shall ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union.

Comments: Pushes for pan-European operators sounds like a laudable objective, but would inevitably be used to favor incumbents and undermine competition.

Amendment 320[modifier]

Amendement 320
Article 6 – paragraph 3 a (new)
Gunnar Hökmark

3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and use of the 1.5 GHz band (1452-1492 MHz) 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 and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands, such as the 700 MHz band (694-790 MHz). Member States shall ensure that, where appropriate, the cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law.

Comments:


Amendments 321 – 330[modifier]

Amendment 321[modifier]

Amendement 321
Article 6 – paragraph 3 a (new)
Leonidas Donskis

3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and use of the 1.5 MHz band (1452-1492 MHz) 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 and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands, such as the 700 MHz band (694-790 MHz).

Member States shall ensure that, where appropriate, the cost of migration or re-allocation of spectrum usage is adequately compensated in accordance with national law.

Comments:

Amendment 322[modifier]

Amendement 322
Article 6 – paragraph 3 a (new)
Jean-Pierre Audy

3a. The Commission, in cooperation with Member States, is invited to evaluate the need for and the feasibility of the harmonisation and use of additional spectrum bands for wireless broadband services in relation with the inventory lead in article 8 and in accordance with the existent regulatory framework . The Commission shall continuously monitor the capacity requirements for wireless broadband services and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands.

Member States shall ensure that, where appropriate, the cost of migration or re-allocation of spectrum usage is adequately compensated in accordance with national law

Comments:

Amendment 323[modifier]

Amendement 323
Article 6 – paragraph 3 a (new)
Hella Ranner

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 of re-allocation of spectrum usage is adequately compensated in accordance with national law.

Comments:

Amendment 324 +[modifier]

Amendement 324
Article 6 – paragraph 3 a (new)
Jens Rohde, Fiona Hall, Philippe Lamberts
+

3a. The Commission shall, in cooperation with the Member States, take the appropriate action to harmonise any further spectrum needed to meet the increased demand by consumers for mobile broadband and other new wireless communication services, including the harmonisation of the 1.5GHz and the 2.3GHz bands and review of the use of the spectrum below 1GHz, including the possible harmonisation of the 700MHz band for which the Commission shall present on 1 January 2014 at the latest its proposals for potential further action.

Comments: Favors spectrum use for broadband wireless Internet.

Amendment 325[modifier]

Amendement 325
Article 6 – paragraph 3 a (new)
Sabine Verheyen, Herbert Reul

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.

Comments:

Amendment 326[modifier]

Amendement 326
Article 6 – paragraph 3 a (new)
Paul Rübig

3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and use of the 1.5 MHz band (1452-1492 MHz) and the 2.3 GHz band (2300-2400 MHz) for wireless broadband services. The Commission shall continuously monitor the capacity requirements for wireless broadband and in addition take action to promote a second Digital Dividend (698 – 790 MHz) and consider the longer-term convergence of services for 470 – 698 MHz.

Comments:

Amendment 327[modifier]

Amendement 327
Article 6 – paragraph 3 a (new)
Pilar del Castillo Vera

3a. The Commission, in cooperation with the Member States, shall assess whether additional spectrum such as the 700 MHz band could also be freed and made available. This assessment shall take into account: the evolution of spectrum technologies; the possible future needs of radio and television broadcasting; and the lack of spectrum in other bands adequate for wireless broadband coverage.

Comments:

Amendment 328 -[modifier]

Amendement 328
Article 6 – paragraph 4
Hella Ranner
-

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.

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 other existing users of the 800 MHz band. Member States shall examine ways and, where necessary, take appropriate measures to ensure that the re-allocation of the 800 MHz band does not adversely affect the ability of end-users to operate non-radio devices and equipment that conform to existing standards, and which make use of the same spectrum band.

Comments: Unnecessary protection of existing users, which could be used to hamper the development of unlicensed and innovative uses of the spectrum for Internet access.

Amendment 329[modifier]

Amendement 329
Article 6 – paragraph 4
Catherine Trautmann

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.

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations;

Member-States in cooperation with the Commission shall examine ways and, where appropriate, take technical and regulatory measures to ensure that sufficient spectrum is available for programme making and special events (PMSE) users. The Commission should encourage Member States to ensure the timely availability of sufficient funds to cover the direct migration costs and the direct costs associated with the protection of PMSE and broadcasting services.

Comments:

Amendment 330[modifier]

Amendement 330
Article 6 – paragraph 4
Teresa Riera Madurell

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.

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 that in the case of DTT channels currently using this band which have to be reallocated below 790 MHz, the costs incurred by broadcasters and users due to a simulcast period or to the adaptation of emission or reception equipment to the new channels is adequately compensated for.

Comments:


Amendments 331 – 340[modifier]

Amendment 331 --[modifier]

Amendement 331
Article 6 – paragraph 4
Angelika Niebler
--

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.

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 iUnduly praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States. s encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and current and future radio broadcasting activities and shall make appropriate arrangements to compensate existing users for any migration costs they incur.

Comments: Unduly praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 332 --[modifier]

Amendement 332
Article 6 – paragraph 4
Petra Kammerevert
--

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.

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 ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and current and future radio broadcasting activities and shall make appropriate arrangements to compensate existing users for any migration costs they incur.

Comments: Unduly praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 333[modifier]

Amendement 333
Article 6 – paragraph 4
Jean-Pierre Audy

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.

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations;

Member States and the Commission shall examine ways and, where appropriate, take measures to ensure that sufficient spectrum is available for programme making and special events (PMSE) users.

Comments:

Amendment 334 -[modifier]

Amendement 334
Article 6 – paragraph 4
Sabine Verheyen
-

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.

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.

Comments: Unduly insists on interference avoidance.

Amendment 335 -[modifier]

Amendement 335
Article 6 – paragraph 4
Henri Weber
-

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.

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 take all necessary measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and does not disrupt existing broadcasting services.

Comments: Unduly favors audiovisual mass media formats and content.

Amendment 336[modifier]

Amendement 336
Article 6 – paragraph 4
Silvia-Adriana Ţicău

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.

4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services, for example using the 790-862 MHz (800MHz) bands, is guaranteed 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.

Comments:

Amendment 337 -[modifier]

Amendement 337
Article 6 – paragraph 4
Lambert van Nistelrooij, Hermann Winkler
-

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.

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 other existing users of the 800 MHz band.

Comments: Unnecessary protection of existing users, which could be use to hamper the development of innovative types of wireless Internet access.

Amendment 338 -[modifier]

Amendement 338
Article 6 – paragraph 4
Patrizia Toia
-

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.

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, nor lead to disruption of the existing broadcasting services.

Comments: Unduly stresses the need of interference avoidance mechanisms, thereby favoring audiovisual mass media formats and content.

Amendment 339 -[modifier]

Amendement 339
Article 6 – paragraph 4
Giles Chichester
-

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.

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 nor lead to disruption of the existing broadcasting services.

Comments: Unduly stresses the need of interference avoidance mechanisms, thereby favoring audiovisual mass media formats and content.

Amendment 340 -[modifier]

Amendement 340
Article 6 – paragraph 4 a (new)
Henri Weber
-

4a. Member States, together with the Commission, shall take the technical and regulatory measures needed to avoid interference between electronic communications services in the 800 MHz frequency band for broadcasting services, and PMSE users at below 790 MHz.

The Commission shall encourage the Member States to ensure that sufficient financial resources are made available in good time to cover the costs of the migration and the costs linked to the measures to limit interference with broadcasting services.

Comments: Unduly stresses the need of interference avoidance mechanisms, thereby favoring audiovisual mass media formats and content.

Amendments 341 – 350[modifier]

Amendment 341 ++[modifier]

Amendement 341
Article 6 – paragraph 4 a (new)
Catherine Trautmann
++

4a. The Commission, in cooperation with Member-States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC to a significantly bigger part of the 5 GHz band identified through the inventory lead in Article 8, so as to accommodate the requirements of incoming standards in this field.

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and wireless broadband coverage.

Amendment 342 ++[modifier]

Amendement 342
Article 6 – paragraph 4 a (new)
Jean-Pierre Audy
++

4a. The Commission, in cooperation with Member States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC in relation with the inventory lead in article 8 and depending on use of spectrum for other usages.

Comments: Pushes for unlicensed uses of spectrum to new bands, thereby improving wireless access to the Internet and boosting innovation and wireless broadband coverage.

Amendment 343 -[modifier]

Amendement 343
Article 6 – paragraph 4 a (new)
Giles Chichester
-

4a. The Member States, in cooperation with the Commission, shall implement necessary technical and regulatory measures in order to avoid harmful interference from electronic communications services in the 800 MHz band to broadcasting and PMSE services below 790 MHz.

Comments: Unduly stresses the need of interference avoidance mechanisms, and praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 344 -[modifier]

Amendement 344
Article 6 – paragraph 4 a (new)
Angelika Niebler
-

4a. In cooperation with the Commission, Member States shall take the necessary technical and regulatory measures to ensure that interference does not adversely affect radio broadcasting service providers and PMSE users.

Comments: Unduly stresses the need of interference avoidance mechanisms, and praise compensation mechanisms, which might not be appropriate or legitimate. This should be left up to Member States.

Amendment 345 -[modifier]

Amendement 345
Article 6 – paragraph 4 a (new)
Patrizia Toia
-

4a. The Commission should encourage Member States to ensure the timely availability of sufficient funds to cover the migration costs and the costs associated with the measures to limit interferences to broadcasting services.

Comments:

Amendment 346[modifier]

Amendement 346
Article 6 – paragraph 5
Jan Březina, Alajos Mészáros

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the "800 MHz band"), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz and other additional part of the spectrum being freed up for mobile services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in the Commission Decisions.

Comments:

Amendment 347[modifier]

Amendement 347
Article 6 – paragraph 5
Jens Rohde, Fiona Hall

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz and any other bands which may be freed up and harmonised for mobile broadband and other new wireless communication services.

Comments:

Amendment 348[modifier]

Amendement 348
Article 6 – paragraph 5
Leonidas Donskis

5. The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

5. The Commission in close cooperation with Member States, is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow transferring or leasing within the Union of spectrum usage rights in one or more of the harmonised bands 790–862 MHz (the ‘800 MHz band’), 880–915 MHz, 925–960 MHz, 1710–1785 MHz, 1805–1880 MHz, 1900–1980 MHz, 2010–2025 MHz, 2110–2170 MHz, 2.5–2.69 GHz, and 3.4–3.8 GHz.

Comments:

Amendment 349 -[modifier]

Amendement 349
Article 6 – paragraph 6
Robert Goebbels
-

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in rural, remote and sparsely populated areas, Member States and the Commission shall ensure the availability of sufficient spectrum for the provision of satellite services enabling Internet access and the delivery of audiovisual content. Taking into account the appropriate compatibility studies, technical harmonisation of additional frequency bands may be considered in accordance with Decision 676/2002/EC.

Comments: Favors audiovisual mass media formats and content.

Amendment 350 -[modifier]

Amendement 350
Article 6 – paragraph 6
Jan Březina, Alajos Mészáros
-

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in rural, remote and sparsely populated areas, Member States and the Commission shall ensure the availability of sufficient spectrum for the provision of satellite services enabling Internet access and the delivery of audiovisual content. Taking into account the appropriate compatibility studies, technical harmonisation of additional frequency bands may be considered in accordance with Decision 676/2002/EC.

Comments:


Amendments 351 – 360[modifier]

Amendment 351[modifier]

Amendement 351
Article 6 – paragraph 6
Leonidas Donskis

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission may explore the availability of sufficient spectrum for the provision of broadband satellite services enabling Internet access.

Comments:

Amendment 352[modifier]

Amendement 352
Article 6 – paragraph 6
Lambert van Nistelrooij, Hermann Winkler, Paul Rübig

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens and businesses have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission shall ensure the availability of sufficient spectrum for the provision of harmonised broadband satellite services enabling Internet access at a comparable price to terrestrial offerings.

Comments:

Amendment 353[modifier]

Amendement 353
Article 6 – paragraph 6
Lena Kolarska-Bobińska

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. In order to ensure that all citizens have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission shall ensure the availability of sufficient spectrum for the provision of broadband satellite services enabling Internet access at a comparable price to terrestrial offerings.

Comments:

Amendment 354[modifier]

Amendement 354
Article 6 – paragraph 6
Amalia Sartori, Lara Comi, Tiziano Motti

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access.

Comments: =355, removes a dilusion via an unsubstantiated claim.

Amendment 355[modifier]

Amendement 355
Article 6 – paragraph 6
Patrizia Toia, Teresa Riera Madurell, Mario Pirillo, Niki Tzavela, Francesco De Angelis

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access.

Comments:

Amendment 356[modifier]

Amendement 356
Article 6 – paragraph 6
Bogdan Kazimierz Marcinkiewicz

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

6. If necessary, the Commission shall ensure the availability of sufficient spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.

Comments:

Amendment 357 ++[modifier]

Amendement 357
Article 6 – paragraph 6 a (new)
Catherine Trautmann
++

6a. Member-States, in cooperation with the Commission, shall examine the possibility to spread the availability and use of picocells and femtocells.

Comments: Pushes for technologies that can be used in mesh networking, thereby improving access to broadband Internet, especially in rural areas, and boosting innovation.

Amendment 358[modifier]

Amendement 358
Article 7 – paragraph 2
Ioan Enciu

2. In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy saving, including smart energy grids and smart metering systems.

2. In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy savings and efficiency, including smart energy grids and smart metering systems.

Comments:

Amendment 359[modifier]

Amendement 359
Article 7 – paragraph 2 a (new)
Catherine Trautmann

2a. In cooperation with the Member-States, the Commission shall extend such studies mentioned in paragraph 2 to enhance the efficiency of other distribution networks such as water supply networks.

Comments: A bit far fetched horizontal request given the narrow scope of the programme.

Amendment 360[modifier]

Amendement 360
Article 7 – paragraph 3
Gunnar Hökmark

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall study the demand for PPRD (Public Protection & Disaster Relief )spectrum, the possibilities to share spectrum with military use and to use commercial networks for PPDR to ensure that sufficient capacity is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

Comments:

Amendments 361 – 370[modifier]

Amendment 361[modifier]

Amendement 361
Article 7 – paragraph 3
Petra Kammerevert

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. In cooperation with the Commission, Member States shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief. The spectrum used for radio broadcasting shall not be affected.

Comments:

Amendment 362[modifier]

Amendement 362
Article 7 – paragraph 3
Hella Ranner

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. In cooperation with the Commission, Member States shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief. The spectrum used for radio broadcasting shall not be affected.

Comments:

Amendment 363[modifier]

Amendement 363
Article 7 – paragraph 3
Catherine Trautmann

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions and in harmonised bands to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

Comments:

Amendment 364[modifier]

Amendement 364
Article 7 – paragraph 3
Jens Rohde, Fiona Hall

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief

Comments:

Amendment 365[modifier]

Amendement 365
Article 7 – paragraph 3
Philippe Lamberts

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

Comments:

Amendment 366[modifier]

Amendement 366
Article 7 – paragraph 3
Paul Rübig, Lambert van Nistelrooij, Hella Ranner

3. If necessary, the Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

3. The Commission shall ensure that sufficient spectrum is made available under harmonised conditions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for public safety and protection, civil protection and disaster relief.

Comments:

Amendment 367[modifier]

Amendement 367
Article 7 – paragraph 4 a (new)
Lena Kolarska-Bobińska

4a. Member States and the Commission shall ensure spectrum availability for RFID and other Internet of Things (IOT) wireless communication technologies and shall work towards standardisation of spectrum allocation for IOT communication across Member States.

Comments:

Amendment 368[modifier]

Amendement 368
Article 7 - paragraph 4 a (new)
Vladimir Urutchev

4a. Measures affecting radio frequency bands used by a Member State exclusively and directly for its public security and defence purposes.

Where a particular measure will affect radio frequency bands used by a Member State exclusively and directly for its public security and defence purposes and where the release of those frequency bands would represent an excessive burden, the Member State may continue to use those bands for public security and defence purposes until the systems existing in that band at the date of the notification of the harmonization measure are phased out. That Member State shall duly notify the Commission of its decision.

Comments:

Amendment 369 +[modifier]

Amendement 369
Article 8 – paragraph 1
Jens Rohde, Fiona Hall, Philippe Lamberts
+

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all necessary information on spectrum use, shall create an inventory of existing spectrum use. The provided information shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. If necessary the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business sensitive and confidential information.

Comments: Favors greater transparency of spectrum use in relation to the upcoming inventory.

Amendment 370 -[modifier]

Amendement 370
Article 8 – paragraph 1
Jean-Pierre Audy
-

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Member States shall provide the Commission with all appropriate information on spectrum bands that could be subject to future reallocation, e.g., due to inefficient or no use or technological development. The resulting inventory shall help the Commission in identifying spectrum bands that could be suitable for harmonisation in order to support Union policies set out in this decision. It should also promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.

Comments: Unduly favors existing users of spectrum, whose use of the spectrum might not be optimal from of a socio-economic perspective, as innovative unlicensed uses and new spectrum management emerge.

Amendments 371 – 380[modifier]

Amendment 371[modifier]

Amendement 371
Article 8 – paragraph 1
Jan Březina, Alajos Mészáros

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and identify future demand for spectrum in the Union. As an initial step such inventory shall include frequencies in the range from 300 MHz to 3 GHz

Comments:

Amendment 372[modifier]

Amendement 372
Article 8 – paragraph 1
Giles Chichester

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of the entire existing radio spectrum use and of possible future needs for spectrum in the Union.

Comments: Among all the amendments related to Article 8, paragraph 1, this one might be the best since it recognizes the futility of any theoretical boundary of the radio spectrum. Innovation in technologies have shown through past centuries that radio spectrum has no boundaries but the one of our present perception.

Amendment 373 ++[modifier]

Amendement 373
Article 8 – paragraph 1
Catherine Trautmann
++

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of geo-localised existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

Comments: Favors greater transparency of spectrum use in relation to the upcoming inventory, focusing of geo-localised information that can be used in the context of shared uses fo the spectrum (i.e for mesh networking).

Amendment 374 +[modifier]

Amendement 374
Article 8 – paragraph 1
Jens Rohde +Philippe Lamberts

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 6 GHz.

Comments: =375

Amendment 375 +[modifier]

Amendement 375
Article 8 – paragraph 1
Henri Weber
+

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 6 GHz.

Comments: Favors greater transparency of spectrum use in relation to the upcoming inventory, focusing of geo-localised information that can be used in the context of shared uses fo the spectrum (i.e for mesh networking).

Amendment 376 +[modifier]

Amendement 376
Article 8 – paragraph 1
Pilar del Castillo Vera
+

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 6 GHz.

Comments: Favors greater transparency of spectrum use in relation to the upcoming inventory, focusing of geo-localised information that can be used in the context of shared uses fo the spectrum (i.e for mesh networking).

Amendment 377[modifier]

Amendement 377
Article 8 – paragraph 1
Maria Da Graça Carvalho

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 5 GHz.

Comments:

Amendment 378[modifier]

Amendement 378
Article 8 – paragraph 1
Amalia Sartori, Lara Comi, Tiziano Motti

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 5 GHz.

Comments:

Amendment 379[modifier]

Amendement 379
Article 8 – paragraph 1
Paul Rübig

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 5 GHz.

Comments:

Amendment 380[modifier]

Amendement 380
Article 8 – paragraph 1
Patrizia Toia, Mario Pirillo, Niki Tzavela, Francesco De Angelis

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz.

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 5 GHz.

Comments:


Amendments 381 – 390[modifier]

Amendment 381 -[modifier]

Amendement 381
Article 8 – paragraph 2
Jean-Pierre Audy
-

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

deleted

Comments: Deleted a paragraph favoring transparency in order to protect incumbent licensees.

Amendment 382[modifier]

Amendement 382
Article 8 – paragraph 2
Sabine Verheyen, Herbert Reul

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 take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

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.

Comments:

Amendment 383[modifier]

Amendement 383
Article 8 – paragraph 2
Catherine Trautmann

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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, based on transparent, clear and jointly defined assessment criteria and methodologies. It shall take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

Comments:

Amendment 384[modifier]

Amendement 384
Article 8 – paragraph 2
Patrizia Toia

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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, based on clearly defined and transparent assessment criteria and methodologies. It shall take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

Comments:

Amendment 385[modifier]

Amendement 385
Article 8 – paragraph 2
Pilar del Castillo Vera

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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, based on clearly defined and transparent assessment criteria and methodologies. It shall take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

Comments:

Amendment 386[modifier]

Amendement 386
Article 8 – paragraph 2
Giles Chichester

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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, based on clearly defined and transparent assessment criteria and methodologies. It shall take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

Comments:

Amendment 387[modifier]

Amendement 387
Article 8 – paragraph 2
Henri Weber

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 take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

2. The inventory referred to in paragraph (1) shall allow, on the basis of clearly defined and transparent criteria and methodologies, 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 take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

Comments:

Amendment 388[modifier]

Amendement 388
Article 8 – paragraph 2
Gaston Franco

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 take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

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, on the basis of clearly defined and transparent criteria and methodologies. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.

Comments:

Amendment 389[modifier]

Amendement 389
Article 8 – paragraph 2
Jan Březina, Alajos Mészáros

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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 take into account future needs, including long-term needs, for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

Comments:

Amendment 390 +[modifier]

Amendement 390
Article 8 – paragraph 2
Philippe Lamberts
+

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 take into account future needs for spectrum based on consumers’ and operators’ demands, and of the possibility to meet such needs.

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 take into account future needs for spectrum based on consumers’, communities’, businesses’ and operators’ demands, and of the possibility to meet such needs.

Comments: Broaden the scope of stakeholders that should be taken into account in spectrum policy.


Amendments 391 – 400[modifier]

Amendment 391 -[modifier]

Amendement 391
Article 8 – paragraph 3
Jean-Pierre Audy
-

3. The inventory referred to in paragraph (1) shall review the various types of spectrum usage by both private and public users, and help identify spectrum bands that could be assigned or re-allocated in order to increase their efficient use, promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.

deleted

Comments: Deletes a paragraph favoring transparency in order to protect incumbent licensees. On the contrary, public authorities shall foster the development of frequencies databases just as the FCC has been doing for the last months.

Amendment 392[modifier]

Amendement 392
Article 8 – paragraph 3
Jan Březina, Alajos Mészáros

3. The inventory referred to in paragraph (1) shall review the various types of spectrum usage by both private and public users, and help identify spectrum bands that could be assigned or re-allocated in order to increase their efficient use, promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.

3. The inventory referred to in paragraph (1) shall review the various types of spectrum usage by public users, and help identify spectrum bands that could be assigned or re-allocated in order to increase their efficient use, promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands, including impacts beyond the borders of the European Union.

Comments:

Amendment 393[modifier]

Amendement 393
Article 8 – paragraph 3 a (new)
Lena Kolarska-Bobińska

3a. Where possible, the Commission shall also include in the inventory referred to in paragraph (1), information on spectrum use by third countries neighbouring a Member State that could have a direct or indirect effect on spectrum use within the Union.

Comments:

Amendment 394 +++[modifier]

Amendement 394
Article 8 – paragraph 3 a (new)
Philippe Lamberts
+++

3a. The Commission shall explore the potential of mesh network technologies for enhancing the efficient use of spectrum through pilot applications.

Comments: Pushes for mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 395 +++[modifier]

Amendement 395
Article 8 – paragraph 3 a (new)
Catherine Trautmann
+++

3a. The Commission shall explore the potential of wireless mesh network (WMN) technologies through pilot applications.

Comments: Pushes for mesh networking, allowing for the deployment of decentralized wireless networks at low cost to connect citizens and businesses to the Internet at low cost.

Amendment 396[modifier]

Amendement 396
Article 9 – paragraph 1
Giles Chichester

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

deleted

Comments:

Amendment 397[modifier]

Amendement 397
Article 9 – paragraph 1
Gaston Franco

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

deleted

Comments:

Amendment 398[modifier]

Amendement 398
Article 9 – paragraph 1
Jens Rohde, Fiona Hall

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

1. The Union shall participate in international negotiations relating to spectrum matters to defend its interests and to ensure the Union has a joint position, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union.

Comments:

Amendment 399[modifier]

Amendement 399
Article 9 – paragraph 3
Ioan Enciu

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for Union sectoral policies.

3. Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for the implementation of Union sectoral policies.

Comments:

Amendment 400[modifier]

Amendement 400
Article 9 – paragraph 4
Jens Rohde, Fiona Hall

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. In order to resolve spectrum coordination issues that would otherwise prevent Member States from implementing their obligations under Union law regarding spectrum policy and management, the Union shall provide political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives

Comments:


Amendments 401 – 402[modifier]

Amendment 401 -[modifier]

Amendement 401
Article 9 – paragraph 4
Silvia-Adriana Ţicău
-

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to eliminate harmful interferences and disturbances and resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

Comments: Unduly insists on interference avoidance.

Amendment 402[modifier]

Amendement 402
Article 9 – paragraph 4
Jean-Pierre Audy

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations with non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

4. The Union shall provide, upon request, political and technical support to Member States in their bilateral and multilateral negotiations with third countries, in particular non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.

Comments: