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Xm Xm Amendments European Parliament 2014-2019 Committee on Industry, Research and Energy 2016/0288(COD) 17.3.2017 AMENDMENTS 296 - 582 Draft report Pilar del Castillo Vera (PE601.017v01-00) European Electronic Communications Code (Recast) Proposal for a directive (COM(2016)0590 – C8-0379/2016 – 2016/0288(COD)) AM\1118908XM.docx PE601.017v01-00 XM United in diversity XM PR_COD_1recastingam PE601.017v01-00 2/159 AM\1118908XM.docx XM Amendment 296 Morten Helveg Petersen Proposal for a directive Article 1 – paragraph 2 – subparagraph 1 Text proposed by the Commission Amendment The aim of this Directive is on the one The aim of this Directive is on the one hand to implement an internal market in hand to implement an internal market in electronic communications networks and electronic communications networks and services that will result in deployment and services that will result in deployment and take-up of very high capacity networks, take-up of very high capacity secured sustainable competition, interoperability of networks, sustainable competition, electronic communications services and interoperability of electronic end-user benefits. communications services, accessibility and end-user benefits. Or. en Amendment 297 Morten Helveg Petersen Proposal for a directive Article 1 – paragraph 3 – indent 1 Text proposed by the Commission Amendment - obligations imposed by national - obligations imposed by national law in accordance with Union law or by law in accordance with Union law or by Union law in respect of services provided Union law in respect of services provided using electronic communications networks using electronic communications networks and services ; - measures taken at Union or and services ; - measures taken at Union or national level, in compliance with Union national level, in compliance with Union law, to pursue general interest objectives, law, to pursue general interest objectives, in particular relating to content regulation in particular relating to the protection of and audio-visual policy. - the provisions personal data and privacy, content of Directive 2014/53/EU. regulation and audio-visual policy Or. en Amendment 298 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst Proposal for a directive AM\1118908XM.docx 3/159 PE601.017v01-00 XM Article 2 – paragraph 1 – point 1 Text proposed by the Commission Amendment (1) ‘electronic communications (1) ‘electronic communications network’ means transmission systems, network’ means transmission systems, whether or not based on a permanent whether or not based on a permanent infrastructure or centralised administration infrastructure or centralised administration capacity, and, where applicable, switching capacity, and, where applicable, switching or routing equipment and other resources, or routing equipment and other resources, including network elements which are not including network elements which are not active, which permit the conveyance of active, which permit the conveyance of signals by wire, radio, optical or other signals by wire, radio, optical or other electromagnetic means, including satellite electromagnetic means, including satellite networks, fixed (circuit- and packet- networks, fixed (circuit- and packet- switched, including Internet) and mobile switched, including Internet) and mobile terrestrial networks, electricity cable terrestrial networks, electricity cable systems, to the extent that they are used for systems, to the extent that they are used for the purpose of transmitting signals, the purpose of transmitting signals, networks used for radio and television networks used for radio and television broadcasting, and cable television broadcasting, and cable television networks, irrespective of the type of networks, irrespective of the type of information conveyed; information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities; Or. en Justification Individuals participating in a not-for-profit network (such as radio local area networks) or providing not-for-profit services shall not be subject to the obligations imposed on legal persons providing networks or services. Specifically, the strict obligations provided by the Directive 2002/58/CE would be disproportionate and impracticable if imposed on individual volunteers, who should only be subject to the obligations set by the General Data Protection Regulation. Amendment 299 Evžen Tošenovský Proposal for a directive Article 2 – paragraph 1 – point 2 Text proposed by the Commission Amendment (2) 'very high capacity network' means (2) 'very high capacity network' means an electronic communications network an publicly available electronic which either consists wholly of optical communications network which either fibre elements at least up to the PE601.017v01-00 4/159 AM\1118908XM.docx XM distribution point at the serving location consists wholly or partially of optical fibre or which is capable of delivering under elements. usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point. Or. en Amendment 300 Michał Boni, Jerzy Buzek, Gunnar Hökmark Proposal for a directive Article 2 – paragraph 1 – point 2 Text proposed by the Commission Amendment (2) 'very high capacity network' means (2) 'very high capacity network' means an electronic communications network an electronic communications network which either consists wholly of optical which either consists wholly of optical fibre elements at least up to the distribution fibre elements at least up to the distribution point at the serving location or which is point at the serving location or any other capable of delivering under usual peak- type of network which is capable of time conditions similar network delivering under usual peak-time performance in terms of available down- conditions similar network performance in and uplink bandwidth, resilience, error- terms of available down- and uplink related parameters, and latency and its bandwidth, resilience, error-related variation. Network performance can be parameters, and latency and its variation. considered similar regardless of whether Very high capacity networks are in any the end-user experience varies due to the case fibre to the home networks or any inherently different characteristics of the other network which provides the medium by which the network ultimately technical performance requirements connects with the network termination needed for the backhaul of 5G networks. point. Network performance will be assessed solely on the basis of technical parameters and not take into account the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point. AM\1118908XM.docx 5/159 PE601.017v01-00 XM Or. en Justification The overarching objective of the Code is to stimulate the roll-out of networks which can serve the future demands of European businesses and citizens. The term very high capacity network seeks to define what future state of the art electronic communications infrastructure look like. It is suggested to clarify the definition in a way that ensures that very high capacity networks benefit the roll-out of 5G networks in the sense that they provide the backhaul for these mobile networks. Future 5G ultra-dense and heavy traffic cells have to be connected to a backhaul with very high requirements in terms of capacity, latency, and availability. The proposal also takes into account the need to ensure technology neutrality since the definition of very high capacity network is not based on any given technology. Amendment 301 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst Proposal for a directive Article 2 – paragraph 1 – point 2 Text proposed by the Commission Amendment (2) 'very high capacity network' means (2) 'very high capacity network' means an electronic communications network an electronic communications network which either consists wholly of optical which either consists wholly of optical fibre elements at least up to the distribution fibre elements at least up to the distribution point at the serving location or which is point at the serving location corresponding capable of delivering under usual peak- in the fixed-line connection case to the time conditions similar network premises and in the mobile connection performance in terms of available down- case to the base station, or which is and uplink bandwidth, resilience, error- capable of delivering under usual peak- related parameters, and latency and its time conditions at least the same network variation. Network performance can be performance in terms of available down- considered similar regardless of whether and uplink bandwidth, resilience, error- the end-user experience varies due to the related parameters, and latency and its inherently different characteristics of the variation. Network performance can be medium by which the network ultimately considered at least the same regardless of connects with the network termination whether the end-user experience varies due point. to the inherently different characteristics of the medium by which the
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