3517ag20, no title

Topics: Connected Continent
Organisations: Digital Europe

connected continentdital europeamendments

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

1

Amendment 1: European virtual access products

Commission Text Proposal

ITRE Text Proposal

DIGITALEUROPE (DE) Amendment

Recitals 31 – 38 Articles 17 – 20

deleted

DE recommends keeping the Commission’s proposal.

Justification

DIGITALEUROPE supports a coordinated and harmonised approach to virtual access products in the European Union to promote a favourable investment climate for industry as a whole, in order to deliver the greatest possible benefit to consumers and businesses of an industry wide migration to Next-Generation Access Networks. While we still think that infrastructure competition should prevail, wholesale products must allow product differentiation and innovation, and give access eekers a high level of control over the connections and over the customer premises equipment in terms of transparency (for IP configuration and Ethernet transport), quality of service, and multicasting capabilities. Virtual access products are beneficial to all service providers: 1. When physical unbundling is not technically feasible at an economically viable point (In UK, physical unbundling of the fiber loop at the Metropolitan Point of Presence is not technically feasible at an economically viable point, as is currently the case with GPON); 2. When there is no business case or investment identified for physical unbundling for alternative operators (unused possibility to climb the ladder of investment); 3. When service-based competition is the objective (some regional and local broadband plans retain an open access model where there is only one active infrastructure provider especially in white and some grey areas); 4. When physical unbundling renders Next-Generation Access technologies ineffective (loss of performance in download/upload speeds, quality of service and experience to users, unpredictable bitrates). 5. To ensure that users have access to all digital services. In France for example, Orange is not allowed to sell IPTV services in areas where there is no alternative operators.

Amendment 2: Recital 49

Commission Text Proposal

ITRE Text Proposal

DE Amendment

(49) There is also end-user demand for ervices and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by

(49) There is also end-user demand for ervices and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by

(49) DE supports the Commission’s proposal

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

2

content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video-conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services.

content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video-conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are concluded with the provider of internet access, that provider hould ensure that the enhanced quality ervice does not impair the general quality of internet access, except as may be necessary, considering the state of the art and technology deployed, to ensure the delivery of the enhanced quality service. Furthermore, traffic management measures should not be applied in such a way as to discriminate against services competing with those offered by the provider of internet access.

Justification

DE supports the Commission’s proposal. The additional text from ITRE adds confusion and uncertainty. The term ‘general quality of internet access’ may be open to interpretation and does not provide certainty to consumers and business.

Amendment 3: Recital 50

Commission Text Proposal

ITRE Text Proposal

DE Amendment

(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission ervices based on flexible quality

(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission ervices based on flexible quality

(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission ervices based on flexible quality

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

3

parameters, including lower levels of priority for traffic which is not timesensitive.

The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public hould therefore be free to conclude pecialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.

parameters, including lower levels of priority for traffic which is not timesensitive. There is nothing in current Union law preventing agreements for the provision of such transmission services. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public may be necessary for the provision of certain services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public hould therefore continue to be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not impair the general quality of internet access services.

parameters, including lower levels of priority for traffic which is not timesensitive. There is nothing in current Union law preventing agreements for the provision of such transmission services. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public may be necessary for the provision of certain services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public hould therefore continue to be free to conclude specialised services agreements on defined levels of quality of service.

Justification

The term ‘general quality of internet access’ may be open to interpretation and does not provide certainty to consumers and business.

Amendment 4: Article 2 – paragraph 2 – point 9

Commission Text Proposal

ITRE Text Proposal

DE Amendment

(9) "small-area wireless access point" means a low power wireless network access equipment

(9) "small-area wireless access point" means a low power wireless network access equipment of small

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

4

of small size operating within a small range,

which may or may not be part of a public terrestrial mobile communications network, and be equipped with one or more low visual impact antennas, which allows wireless access by the public to electronic communications networks regardless of the underlying network topology;

ize operating within a small range, using licensed spectrum or a combination of licensed and license-exempt spectrum, which may or may not be part of a public terrestrial mobile communications network, and be equipped with one or more low visual impact antennas, which allows wireless access by the public to electronic communications networks regardless of the underlying network topology;

Justification

The added text is needed to remove ambiguity and misinterpretation. Without such text, the definition can be interpreted as referring to equipment under a general authorisation license-exempt regime.

Amendment 5: Article 10 – paragraph 6 – subparagraph b

Commission Text Proposal

ITRE Text Proposal

DE Amendment

(b) enabling the exploitation of beneficial sharing opportunities;

(b) enabling the exploitation of licensed shared access (LSA)

Justification

We recommend substituting “beneficial sharing opportunities” by “licensed shared access (LSA)”. As industry needs clarity to deliver on LSA, DIGITALEUROPE considers that the multiplication of new concepts with “beneficial sharing opportunities” is not beneficial, especially in the context of the on-going activities on LSA in the RSPG, CEPT and ETSI.

Amendment 6: Article 15 – paragraph 1

Commission Text Proposal

ITRE Text Proposal

DE Amendment

1. National competent authorities shall allow the deployment, connection and operation of unobtrusive small-area wireless access points

1. National competent authorities shall allow the deployment, connection and operation of unobtrusive small-area wireless access points

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

5

under the general authorisation regime and shall not unduly restrict that deployment, connection or operation through individual town planning permits or in any other way, whenever

uch use is

in compliance with implementing measures adopted pursuant to paragraph 2.

under the general authorisation regime and shall not restrict that deployment, connection or operation through individual town planning permits or in any other way, whenever

uch use is

in compliance with implementing measures adopted pursuant to paragraph 2.

1.

Amendment 7: Article 15 – paragraph 2 – subparagraph 1

Commission Text Proposal

ITRE Text Proposal

DE Amendment

For the purposes of the uniform implementation of the general authorisation regime for the deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission may, by means of an implementing act, specify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small-area wireless access points. Those technical characteristics for use of small-area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and with the thresholds defined in Council Recommendation No 1999/519/EC.31

For the purposes of the uniform implementation of the general authorisation regime for the deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission shall, by means of an implementing act to be adopted by within one year from the date of entry into force of this Regulation, pecify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small-area wireless access points. Those technical characteristics for use of small-area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and with the thresholds defined in Council

For the purposes of the uniform

deployment, connection and operation of smallarea wireless access points pursuant to paragraph 1, the Commission shall, by means of an implementing act to be adopted by within one year from the date of entry into force of this Regulation, pecify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small-area wireless access points. Those technical characteristics for use of small-area wireless access points shall comply with the requirements of Directive 2013/35/EU

30and

Directive

1999/5/EC, taking into account the thresholds defined in Council Recommendation No 1999/519/EC.

31

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

6

Recommendation No 1999/519/EC31.

Amendment 8: Article 15 – paragraph 2 – subparagraph 2

Commission Text Proposal

ITRE Text Proposal

DE Amendment

The characteristics specified in order for the deployment, connection and operation of smallarea wireless access point to benefit from paragraph 1 shall be without prejudice to the essential requirements of Directive 1999/5/EC of the European Parliament and the Council relative to the placing on the market of such products.

The technical characteristics specified in order for the deployment, connection and operation of mall-area wireless access point to benefit from paragraph 1 shall be without prejudice to the essential requirements of Directive 1999/5/EC of the European Parliament and the Council relative to the radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity

32

Amendment 9: Article 23 – paragraph 2 – subparagraph 1

Commission Text Proposal

ITRE Text Proposal

DE Amendment

End-users shall also be free to agree with Endusers shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised ervices with an enhanced quality of ervice.

End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised ervices with an enhanced quality of service. Where such agreements are concluded with the provider of internet access, that provider hall ensure that the enhanced quality service does not impair the general quality of internet access, except as may be necessary taking into account the state of the art and technology deployed, in order to ensure the delivery of the enhanced quality service.

DE supports the Commission’s proposal.

Justification

DIGITALEUROPE amendments on the Commission Proposal for a Regulation concerning the European single market for electronic communications and to

achieve a Connected Continent (2013/0309(COD))

7

The additional text from ITRE adds confusion and uncertainty. The term ‘general quality of internet access’ may be open to interpretation and does not provide certainty to consumers and business.

Amendment 10: Article 23 – paragraph 2 – subparagraph 2

Commission Text Proposal

ITRE Text Proposal

DE Amendment

In order to enable the provision of pecialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as pecialised services with a defined quality of service or dedicated capacity in order to enable the provision of specialised ervices. The provision of specialised ervices shall not impair in a recurring or continuous manner the general quality of internet access services.

Providers of content, applications and ervices and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity in order to enable the provision of specialised ervices. The provision of specialised ervices shall not impair in a recurring or continuous manner the general quality of internet services. Furthermore, traffic management measures shall not be applied in such a way as to discriminate against services competing with those offered by the provider of internet access.

Providers of content, applications and ervices and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity in order to enable the provision of specialised ervices.

Justification

The additional text from ITRE adds confusion and uncertainty. The term ‘general quality of internet access’ may be open to interpretation and does not provide certainty to consumers and business.

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