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Version du 4 avril 2011 à 20:28

Sommaire

Amendement 53

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.

Amendement 54

Amendement 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.

Amendement 55

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.

Amendement 56

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.

Amendement 57

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.

Amendement 58

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.

Amendement 59

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.

Amendement 60

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.

Amendement 61

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.

Amendement 62

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.

Amendement 63

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;

Amendement 64 --

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.

Amendement 65

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.

Amendement 66

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.

Amendement 67

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.

Amendement 68

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.

Amendement 69

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.

Amendement 70

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.

Amendement 71 --

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.

Amendement 72 +?

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.

Amendement 73

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.

Amendement 74 ++

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.

Amendement 75 ++

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.

Amendement 76 -

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.

Amendement 77 +?

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.

Amendement 78 +

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.

Amendement 79 +

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.

Amendement 80 +

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.

Amendement 81

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).

Amendement 82

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.

Amendement 83

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.

Amendement 84

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).

Amendement 85

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).

Amendement 86

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.

Amendement 87

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.

Amendement 88 ++

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.

Amendement 89 ++

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.

Amendement 90

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.

Amendement 91

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.

Amendement 92

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.

Amendement 93

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.

Amendement 94 -

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.

Amendement 95 -

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.

Amendement 96 -

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.

Amendement 97

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.

Amendement 98

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.

Amendement 99

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.

Amendement 100

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

Amendement 101

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.

Amendement 102

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.

Amendement 103

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.

Amendement 104

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.

Amendement 105

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.

Amendement 106

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.

Amendement 107

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.

Amendement 108

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.

Amendement 109

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.

Amendement 110

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.

Amendement 111

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.

Amendement 112

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.

Amendement 113

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.

Amendement 114

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.

1 OJ L 35, 6.2.2010, p. 23.

(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.

_________

2 OJ L 308, 24.11.2009, p. 24.

Amendement 115

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.

Amendement 116

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.

Amendement 117

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.

Amendement 118 --

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.

Amendement 119 --

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.

Amendement 120

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.

Amendement 121 -?

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.

Amendement 122 ++

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.

Amendement 123

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.

Amendement 124

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.

Amendement 125

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.

Amendement 126

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.

Amendement 127

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.

Amendement 128

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.

Amendement 129

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.

Amendement 130

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.

Amendement 131

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.

Amendement 132

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.

Amendement 133

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.

Amendement 134

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.

Amendement 135

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.

Amendement 136

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.

Amendement 137

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.

Amendement 138

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 .

Amendement 139

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.

Amendement 140

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.

Amendement 141

Amendement 141
Recital 25 a (new)
Gaston Franco

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

(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.

_________

Amendement 142

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.

Amendement 143

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.

Amendement 144

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.

Amendement 145

Amendement 145
Article 1 – title
Angelika Niebler

Aim

Aim and scope

Amendement 146

Amendement 146
Article 1 – title
Petra Kammerevert

Aim

Aim and scope

Amendement 147

Amendement 147
Article 1 – title
Hella Ranner

Aim

Aim and scope

Amendement 148

Amendement 148
Article 1 – title
Sabine Verheyen, Herbert Reul

Aim

Scope

Amendement 149

Amendement 149
Article 1 – title
Henri Weber

Aim

Aim and scope

Amendement 150

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.

Amendement 151

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.

Amendement 152

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.

Amendement 153

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.

Amendement 154

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.

Amendement 155

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.

Amendement 156

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.

Amendement 157 -

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.

Amendement 158 --

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.

Amendement 159 -

Amendement 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.

Amendement 160

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.

Amendement 161

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.

Amendement 162

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.

Amendement 163

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.

Amendement 164

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.

Amendement 165

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.

Amendement 166

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:

Amendement 167

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

Amendement 168 -

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;

Amendement 169

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;

Amendement 170 --

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;

Amendement 171

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;

Amendement 172

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;

Amendement 173

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;

Amendement 174

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;

Amendement 175

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;

Amendement 176

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;

Amendement 177 +

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;

Amendement 178

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;

Amendement 179

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

Amendement 180

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

Amendement 181 -

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;

Amendement 182 -

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;

Amendement 183

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;

Amendement 184

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;

Amendement 185

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;

Amendement 186

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;

Amendement 187

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;

Amendement 188

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;

Amendement 189

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;

Amendement 190

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.

Amendement 191

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.

Amendement 192

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.

Amendement 193

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.

Amendement 194

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.

Amendement 195

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.

Amendement 196

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.

Amendement 197

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.

Amendement 198

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.

Amendement 199

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;

Amendement 200

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

(da) avoiding harmful forms of interference or disruptions;

Amendement 201

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

(da) promoting innovation;

Amendement 202

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

(da) promoting innovation;

Amendement 203

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;

Amendement 204

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.

Amendement 205 +

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.

Amendement 206 +

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.