Paquet Telecom 2017/amendements IMCO

Amendment 66 --

Amendment 66 Dita Charanzová ALDE Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.	2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement and express consent of the end-user.
Justification: an end-user should not by default or otherwise open their network to third parties without explicit consent

sur la responsabilité et l'accès des tiers au réseau wifi

Amendment 68 --

Amendment 68 Dita Charanzová ALDE Article 55 – paragraph 3 – subparagraph 2
To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.	To that end, providers of public communications networks or publicly available electronic communications services may make available and actively offer, clearly and transparently, products or specific offers allowing its end-users, upon request to provide access to third parties through a radio local area network. Liability for actions carried out by a third-party though such access to an end-user’s RLAN equipment shall be borne by the provider and those third-parties that seek access.
Justification: An end-user should not be liable for the actions which they do not control. If a provider asks that they give access, the provider must bear the risk.

rend les opérateurs responsables lorsqu'ils proposent un système de wifi ouvert (Freifunk, Free wifi, etc.)

Amendment 69 --

Amendment 69 Dita Charanzová ALDE Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.	deleted
Justification: This point is unnecessary and counter to the principle of reserving the use of implementing and delegated acts to items which does not fundamentally change a body of a legislation. The potential requirements of (c) should be either included under the whole ordinary legislative procedure or not at all.

Enlève l'obligation d'interopérabilité sur les fournisseurs de services type Whatsapp, etc.

Amendment 71 +

Amendment 71 Dita Charanzová ALDE Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.	1. Member States shall ensure that all consumers in their territory have access at an affordable price, in the light of specific national conditions, to an available internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Justification: Universal Service is designed for the social welfare of private consumers. It is not a tool for providing access for businesses or other legal persons, therefore the term 'end-users' is not corrected for Title I. The Term 'functional' is not defined or needed. An internal access service is defined and covers all potential offerings under Universal service. 'Functional' seems only as a replacement for the word 'minimum' and that is set out in paragraph 2.

Amendment 73 -

Amendment 73 Dita Charanzová ALDE Article 79 – paragraph 2
2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.	2. In accordance with BEREC guidelines, national regulatory authorities shall define the minimum functionality of the internet access service referred to in paragraph 1 with a view to reflect the services used by the majority of consumers in their territory or relevant parts of their territory. To that end, the internet access service shall be capable of supporting at least the minimum set of services set out in Annex V.
Justification: Member States may choice to define internet access service functionality on the basis of regional averages instead of whole Member States, which might lower average speeds for some, while for others might magnify an average beyond what infrastructure can support, especially in under populated rural areas. At the same time, it is necessary to the inclusion of a minimum set of services in annex V does not mean that services should be limited to those services alone and that EU rules on Net neutrality fully apply, this is made clear in the matching recital.

Définit les critères du service d'accès "fonctionnel"

Amendment 74 -

Amendment 74 Dita Charanzová ALDE Article 79 – paragraph 2 – subparagraph 1 a (new)
	By ... [18 months after the date of entry into force of this Directive], BEREC shall, in order to contribute towards a consistent application of this Article, after consulting stakeholders and in close cooperation with the Commission, taking into account available Commission (Eurostat) data, adopt guidelines on the minimum quality of service requirements, including minimum bandwidth, necessary for an internet access service to support at least the minimum set of services set out in Annex V, based on the average use of such services by a majority of the population. Those guidelines shall be updated annually to reflect technological advances and changes in consumer usage patterns.
Justification: BEREC should set out guidelines on how to translate the annex V into practical quality of service requirements.

Amendment 78 +

Amendment 78 Dita Charanzová ALDE Article 80 – paragraph 3
3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs end-users pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. National regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.	3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs consumers pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. Without prejudice on the freedom of the consumer to choose any provider, national regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with Article 92 and with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.
Justification: Universal Service is designed for the social welfare of private consumers plus a cross reference is added

Amendment 84 +

Amendment 84 Dita Charanzová ALDE Article 81 – paragraph 5
5. When an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).	5. When a provider designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location of internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).
Justification: see above amendments

Amendment 94 --

Amendment 94 Dita Charanzová ALDE Article -92 (new)
	Article -92
Justification: The parts of this title in regards for number-independent interpersonal communication services are already covered by other EU legislation or are not appropriate for such services. In order to prevent the same services to be subject to double regulation, they should be excluded here. NB: This amendment should not prejudice the rapporteur from changing this proposal in light of the final adopted DCD text.

Amendment 104 +

Amendment 104 Dita Charanzová ALDE Article 95 – paragraph 3
3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unless they have explicitly agreed to waive all or parts of those provisions,	3. Paragraphs 1 and 2 shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions,
Justification: Non-for-Profits should also be given this right.

Amendment 154 -

Amendment 154 Dita Charanzová ALDE Annex V – subheading 1
LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2)	LIST OF SERVICES WHICH THE INTERNET ACCESS SERVICE IN ACCORDANCE WITH ARTICLE 79(2) SHALL BE CAPABLE OF SUPPORTING
Justification: Aligns the title to the removal of the word 'functional' from the text