Telecoms Package Diff Framework Original Directives ITRE Report

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Telecoms Package: Evolution Directive on a common regulatory framework for electronic communications networks and services (Framework 2002/21/EC)

European Parliament & Council of European Union Original Directives -> Committee on Industry, Research and Energy Report − 2002-03-07 -> 2008-07-07

Article 8

European Parliament & Council of European Union Original Directives	Committee on Industry, Research and Energy Report
Article 8 − Policy objectives and regulatory principles	Article 8 − Policy objectives and regulatory principles
1. Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives, the national regulatory authorities take all reasonable measures which are aimed at achieving the objectives set out in paragraphs 2, 3 and 4. Such measures shall be proportionate to those objectives.	1. Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives, the national regulatory authorities take all reasonable measures which are aimed at achieving the objectives set out in paragraphs 2, 3 and 4. Such measures shall be proportionate to those objectives.
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives, in particular those designed to ensure effective competition, national regulatory authorities take the utmost account of the desirability of making regulations technologically neutral.	Unless otherwise provided in Article 9 regarding radio frequencies or unless otherwise required in order to fulfil the objectives laid down in paragraphs 2 to 4, Member States shall take the utmost account of the desirability of making regulations technologically neutral and shall ensure that, in carrying out the regulatory tasks specified in this Directive and the Specific Directives, in particular those designed to ensure effective competition, national regulatory authorities do likewise.
National regulatory authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.	National regulatory authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
2. The national regulatory authorities shall promote competition in the provision of electronic communications networks, electronic communications services and associated facilities and services by inter alia:	2. The national regulatory authorities shall promote competition in the provision of electronic communications networks, electronic communications services and associated facilities and services by inter alia:
(a) ensuring that users, including disabled users, derive maximum benefit in terms of choice, price, and quality;	(a) ensuring that users, including disabled users, elderly users, and users with special social needs derive maximum benefit in terms of choice, price, and quality, and that providers are compensated for any additional net cost that they can prove to have incurred as a result of the imposition of such public service obligations;
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector;	(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of and access to content and services across all networks;
(c) encouraging efficient investment in infrastructure, and promoting innovation; and	(c) encouraging and facilitating efficient market-driven investment in infrastructure, and promoting innovation; and
(d) encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources.	(d) encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources.
3. The national regulatory authorities shall contribute to the development of the internal market by inter alia:	3. The national regulatory authorities shall contribute to the development of the internal market by inter alia:
(a) removing remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level;	(a) removing remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level;
(b) encouraging the establishment and development of trans-European networks and the interoperability of pan-European services, and end-to-end connectivity;	(b) encouraging the establishment and development of trans-European networks and the interoperability of pan-European services, and end-to-end connectivity;
(c) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;	(c) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
(d) cooperating with each other and with the Commission in a transparent manner to ensure the development of consistent regulatory practice and the consistent application of this Directive and the Specific Directives.	(d) working with each other and with the Commission and the Authority so as to ensure the development of consistent regulatory practice and the consistent application of this Directive and the Specific Directives.
4. The national regulatory authorities shall promote the interests of the citizens of the European Union by inter alia:	4. The national regulatory authorities shall promote the interests of the citizens of the European Union by inter alia:
(a) ensuring all citizens have access to a universal service specified in Directive 2002/22/EC (Universal Service Directive);	(a) ensuring all citizens have access to a universal service specified in Directive 2002/22/EC (Universal Service Directive);
(b) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved;	(b) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved;
(c) contributing to ensuring a high level of protection of personal data and privacy;	(c) contributing to ensuring a high level of protection of personal data and privacy;
(d) promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services;	(d) promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services;
(e) addressing the needs of specific social groups, in particular disabled users; and	(e) addressing the needs of specific social groups, in particular disabled users, elderly users and users with special social needs;
(f) ensuring that the integrity and security of public communications networks are maintained.	(f) ensuring that the integrity and security of public communications networks are maintained; and
	(g) applying the principle that end-users should be able to access and distribute any lawful content and use any lawful applications and/or services of their choice and for this purpose contributing to the promotion of lawful content in accordance with Article 33 of Directive 2002/22/EC (Universal Service Directive).
	4a. The national regulatory authorities shall, in pursuit of the policy objectives referred to in paragraphs 2, 3 and 4, apply objective, transparent, non-discriminatory and proportionate regulatory principles by, inter alia:
	(a) promoting regulatory predictability through the continuity of remedies over several market reviews as appropriate;
	(b) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
	(c) safeguarding competition to the benefit of consumers and promoting infrastructure-based competition wherever possible;
	(d) promoting market driven investment and innovation in new and enhanced infrastructures including by encouraging investment sharing and by ensuring appropriate risk sharing among the investor and those undertakings enjoying access to the new facilities;
	(d) taking due account of the variety of conditions relating to competition and consumers that exist in the different geographic areas within a Member State;
	(e) imposing ex ante regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting them as soon as there is.

Article 9

European Parliament & Council of European Union Original Directives	Committee on Industry, Research and Energy Report
Article 9 − Management of radio frequencies for electronic communications services	Article 9 − Management of radio frequencies for electronic communications services
1. Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria.	1. Taking due account of the fact that radio frequencies are a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Articles 8 and 8a. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non discriminatory and proportionate criteria. In so doing, they shall act in accordance with international agreements and may take public policy considerations into account.
2. Member States shall promote the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use thereof and in accordance with the Decision No 676/2002/EC (Radio Spectrum Decision).	2. Member States shall promote the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as economies of scale and interoperability of services. In so doing, they shall act in accordance with Articles 8a and 9c of this Directive, and with Decision No 676/2002/EC (Radio Spectrum Decision).
3. Member States may make provision for undertakings to transfer rights to use radio frequencies with other undertakings.	3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall, ensure that all types of technologies used for electronic communications services may be used in the radio frequency bands available for electronic communications services in accordance with the ITU Radio Regulations.
	Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of technologies used for electronic communication services where this is necessary to:
	(a) avoid the possibility of harmful interference,
	(b) protect public health against electromagnetic fields,
	(ba) ensure technical quality of service,
	(c) ensure maximisation of radio frequency sharing,
	(ca) safeguard the efficient use of radio frequencies,
	(d) fulfil a general interest objective in accordance with paragraph 4 below.
4. Member States shall ensure that an undertaking's intention to transfer rights to use radio frequencies is notified to the national regulatory authority responsible for spectrum assignment and that any transfer takes place in accordance with procedures laid down by the national regulatory authority and is made public. National regulatory authorities shall ensure that competition is not distorted as a result of any such transaction. Where radio frequency use has been harmonised through the application of Decision No 676/2002/EC (Radio Spectrum Decision) or other Community measures, any such transfer shall not result in change of use of that radio frequency.	4. Unless otherwise provided in the second subparagraph, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands available for electronic communications services in accordance with their national regulatory authority and is made public. National regulatory authorities shall ensure that competition is not distorted as a result of any such transaction. Where radio frequency allocation plans and with the ITU Radio Regulations. The Member States may, however, provide for proportionate and non discriminatory restrictions to the types of electronic communications services to be provided.
	Measures that require an electronic communications service to be provided in a specific band available for electronic communications services shall be justified in order to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.
	A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services.
	5. Member States shall regularly review the necessity of the restrictions and measures referred to in paragraphs 3 and 4 and shall make the results of these reviews public.
	6. Paragraphs 3 and 4 shall apply to the allocation and assignment of radio frequencies after [date of transposition].

Article 9c

European Parliament & Council of European Union Original Directives	Committee on Industry, Research and Energy Report
'	'''Article 9c − Radio Frequency Management Harmonisation Measures'''
	In order to contribute to the development of the internal market, for the achievement of the principles of Articles 8a, 9, 9a and 9b, the Commission may adopt appropriate technical implement measures to:
	(-a) apply the radio spectrum action programme established pursuant to Article 8a(7);
	(a) identify the bands for which usage rights may be transferred or leased between undertakings;
	(b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases;
	(d) identify the bands for which the principle of service neutrality shall apply;
	These measures designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).