### ‘ article 19 review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’ ### article 19 is replaced by the following : ‘ article 19 review the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 1a . the commission shall , by 31 september 2015 , after a public consultation , report to the european parliament and the council on whether to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 . the commission shall also , after consulting berec , make appropriate legislative proposal in order to harmonise mobile termination rates throughout the union by 31 december 2015 . 1b . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges , the commission shall , by 31 december 2015 , and after consulting berec , make appropriate proposal to the european parliament and the council to address this situation . if the report , referred to in paragraph 3 , shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall , by 31 december 2015 , make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 2 and 3 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ’


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , while some areas of the union are far advanced , both with respect to the policy goals of the digital agenda for europe and globally , other areas have been lagging behind . in particular , this is due to the fragmentation of the union process for making available spectrum particularly suitable for high speed wireless broadband access , which jeopardises the achievement of those policy goals for the union as a whole . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states having been granted a derogation by the commission or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council23 , testifies to the urgency of action even within the term of the current rspp . it also indicates a need for improvement in the commission ' s exercise of its powers , of crucial importance for the loyal implementation of union measures and sincere cooperation between member states . stringent efforts by the commission to enforce already adopted union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 should , by themselves , contribute substantially to addressing this problem . __________________ 23 decision 243 / 2012 / eu of the european parliament and the council of 14 march 2012 , establishing a multiannual radio spectrum policy programme , oj l 81 of 21 . 3 . 2012 . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and a finite resource . therefore it is of utmost importance to take account of the social , cultural and economic value of spectrum as a whole . as laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , any additional spectrum for wireless broadband communications should be linked with the review of the use of spectrum in the whole uhf band . according to article 6 , paragraph 5 of the rspp , the commission will report to the european parliament and the council by 1 january 2015 on whether there is a need for action to harmonise additional frequency bands . __________________ 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with enhanced quality services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### appropriately reflect the social and economic value of the radio spectrum , including beneficial externalities ; ### appropriately reflect the social , cultural and economic value of the radio spectrum , including beneficial externalities , and do not exceed market value ;


### in order to ensure a coherent implementation of paragraph 1 throughout the union and in particular to enable the synchronised availability of wireless services within the union , the commission may , by way of implementing acts : ### in order to ensure a coherent implementation of paragraph 1 throughout the union and in particular to enable the synchronised availability of wireless services within the union , the commission shall , by way of implementing acts to be adopted within one year from the date of entry into force of this regulation :


### the first subparagraph is replaced by the following : ' 2 . with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ' ### the first subparagraph is replaced by the following ' 2 . with effect from 1 july 2012 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 29 per minute for any call made or eur 0 , 08 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 24 on 1 july 2013 and to eur 0 , 19 on 1 july 2014 and the maximum retail charge for calls received shall decrease to eur 0 , 07 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . '


### ‘ internet access service’ means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ‘ internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and between virtually all end points connected to the internet , irrespective of the network technologies or terminal equipment used ;


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### the eu telecom package as revised in 2009 establishes the principles for spectrum management . it recognizes member states ' competence with respect to cultural and audiovisual policies and generally leaves them the necessary scope for action . therefore , action at union level regarding certain aspects of radio spectrum assignment should continue to endorse a dynamic approach to spectrum management , which recognizes member states ' competence in this field and respects the cultural , audiovisual and media policies of each member state . sufficient flexibility is needed to accommodate specific national requirements and member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . in cases of disputes between member states over spectrum use , the commission may coordinate and support dispute settlement .


### in a seamless single market in electronic communications , the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with national , rather than union - wide general authorisation regimes , national spectrum assignment schemes , differences of access products available for electronic communications providers in different member states , and different sets of sector - specific consumer rules applicable . the union rules in many cases merely define a baseline , and are often implemented in diverging ways by the member states . ### the freedom to provide electronic communications networks and services to every customer in the union and the right of each end - user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders . the current regulatory framework for electronic communications does not fully address such fragmentation , with diverging national implementation of the general authorisation regime , national spectrum assignment schemes , and different sets of sector - specific consumer rules applicable . for example , while authorisation directive limits the type of information which may be required , 12 member states demand additional detail such as a categorisation of the intended types of activities , the geographical scope of the activity , the targeted market , the company structure , including names of shareholders and of shareholders of shareholders , chamber of commerce certification and a criminal records of the representative of the undertaking . additional requirements such as these underline the importance of a firm policy by the commission regarding infringement procedures .


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 of this article .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof at a guaranteed capacity , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ;


### a european electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 . ### any electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates .


### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission may adopt implementing acts defining the format and procedures for the provision of such information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission shall adopt an implementing act defining the format and procedures for the provision of such information if possible within one year from the date of entry into force of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall perform a comprehensive evaluation and review of the entire regulatory framework for electronic communications , and shall submit a report with appropriate proposals to the european parliament and the council by 30 june 2016 in order to allow sufficient time for the legislator to analyse and debate the proposals properly . the review shall be based on a full public consultation as well as on ex - post assessments of the impact of the regulatory framework since 2009 and a thorough ex - ante assessment of the expected impact of the options emanating from the review . the review shall include : the universal service obligation , including the obligation to offer broadband internet access at a fair price ; the competence of national regulatory authorities for all issues , including spectrum , that are addressed by the framework ; the powers granted to the national regulatory authorities in the member states and the scope of the requirement of independence of national regulatory authorities ; cooperation between the national regulatory authorities and national competition authorities ; the symmetric obligations relating to network access ; the rules on leverage effects and joint dominance ; the market review processes ; the impact of services that are fully substitutable to those provided by traditional providers ; including whether clarifications are needed regarding the reach of the regulatory framework’s technological neutrality and regarding the dichotomy between services in the ‘ information society’ bracket and those in the ‘ electronic communications’ bracket ; the necessity of abolishing redundant regulation ; the lifting of regulation where a market analysis has shown the market concerned to be truly competitive ; the experience with non - discrimination obligations and remedies ; the effectiveness and functioning of the procedures established in articles 7 and 7a of directive 2002 / 21 / ec ; the effectiveness and functioning of the procedure established in article 19 of directive 2002 / 21 / ec ; pan - european services and operators , taking into account the possibility for the commision to identify transnational markets under article 15 of directive 2002 / 21 / ec ; identification of transnational markets , initially at least with respect to business services ; enabling providers to notify berec of their intention to serve such markets , and supervision of providers serving such markets by berec ; a single union authorisation and the supervisory structure for the framework as a whole ; active and passive inputs , including assured service quality products ; the recommendation on relevant markets ; the regulation of equipment , including bundling of equipment and operating systems ; the impact of the internet having become a crucial infrastructure for conducting a wide array of economic and social activities ; the main goals of the review shall include : ensuring that fully substitutable services are subject to the same rules , taking into consideration the definition of electronic communications services in article 2 of directive 2002 / 21 / ec ; ensuring that consumers have access to comprehensive and comprehensible information on internet connection speeds , in order to enable them to compare the services offered by different operators ; ensuring that users of digital services are able to control their digital life and data by removing obstacles to switching operating systems without losing their applications and data ; further promoting effective and sustainable competition ; providing a stable and sustainable framework for investment ; ensuring a harmonised , consistent and effective application ; facilitating the development of pan - european providers and the provision of cross - border business services ; ensuring that the regulatory framework is adequate for the digital age and delivers an internet ecosystem that supports the entire economy , and increasing user confidence in the internal market for electronic communications , including through measures to implement the future regulatory framework for the protection of personal data and measures to increase the security of electronic communications in the internal market .


### the commission shall submit reports on the evaluation and review of this regulation to the european parliament and the council at regular intervals . the first report shall be submitted no later than 1 july 2018 . subsequent reports shall be submitted every four years thereafter . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other legal instruments , taking account in particular of developments in information technology and of the state of progress in the information society . the reports shall be made public . ### the commission shall comprehensively assess and review the entire regulatory framework applicable to electronic communications and , by 30 june 2015 at the latest , submit a report , together with any recommendations , to the european parliament and council .


### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability and efficient use are harmonised at union level through the allocation of a primary use , in accordance with the provisions and procedures of directive 2002 / 21 / ec of the european parliament and of the council and pursuant to decision 676 / 2002 / ec of the european parliament and the council27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such special 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 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 should therefore 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 open internet access services .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### in exercising their powers under article 30a with respect to article 23 , national regulatory authorities shall closely monitor the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology . they shall , in cooperation with other competent national authorities , also monitor the effects on cultural diversity and innovation . national regulatory authorities shall publish reports on an annual basis regarding their monitoring and findings , and provide those reports to the commission and berec .


### article 19 review the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council by 30 june 2016 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 2 . if the report shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . the commission shall examine , in particular , whether it is necessary : to lay down additional technical and structural measures ; to modify the structural measures ; to extend the duration and possibly revise the level of the maximum retail charges provided for in articles 8 , 10 and 13 ; to change the duration or revise the level of maximum wholesale charges provided for in articles 7 , 9 and 12 ; to introduce any other necessary requirements , including non - differentiation of roaming and national tariffs . 3 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 1 and 2 . 4 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public . ### article 19 is replaced by the following : article 19 review the commission shall review the functioning of this regulation and shall report to the european parliament and the council in accordance with paragraphs 2 to 6 . 2 . the commission shall , by 30 september 2015 , after consulting berec , report to the european parliament and the council on whether to change the duration or revise the level of mobile termination rates for roaming and maximum wholesale charges provided for in articles 7 , 9 and 12 . 3 . the commission shall , by 30 june 2016 , after a public consultation , report to the european parliament and the council on , inter alia : whether competition has sufficiently developed in order to justify the expiry of maximum retail charges ; whether competition will be sufficient for the removal of maximum wholesale charges ; the developments and expected future trends in wholesale and retail charges for the provision to roaming customers of voice , sms and data communication services , in comparison to the charges for mobile communications services at domestic level in the member states , both for pre - paid and post - paid customers separately , and in the quality and speed of these services ; the availability and quality of services including those which are an alternative to voice , sms and data roaming services , in particular in the light of technological developments ; the extent to which consumers have benefited through real reductions in the price of roaming services , the variety of tariffs and products which are available to consumers with different calling patterns , and the difference between roaming and national tariffs , including the availability of offers providing a single tariff for national and roaming services ; the degree of competition in both the retail and wholesale markets , in particular the competitive situation of smaller , independent or newly started operators , including the competition effects of commercial agreements and the degree of interconnection between operators ; the extent to which the implementation of the structural measures provided for in articles 3 and 4 has produced results in developing competition in the internal market for roaming services to the extent that the difference between roaming and national tariffs has approached zero ; the extent to which the level of wholesale and retail maximum charges has provided adequate safeguards against excessive prices for consumers while allowing the development of competition in the internal market for roaming services . 4 . if the report referred to in paragraph 2 shows that there is a need to change the duration or revise the level of maximum wholesale charges or mobile termination rates for roaming , the commission shall , by 31 december 2015 make appropriate proposal to the european parliament and the council to address this situation . if the report , referred to in paragraph 3 , shows that the structural measures provided for by this regulation have not been sufficient to promote competition in the internal market for roaming services for the benefit of all european consumers or that the differences between roaming tariffs and national tariffs have not approached zero , the commission shall , by 31 december 2015 , make appropriate proposals to the european parliament and the council to address this situation and thus achieve an internal market for mobile communication services , ultimately with there being no difference between national and roaming tariffs . 5 . in addition , the commission shall submit a report to the european parliament and the council every two years after the report referred to in paragraph 1 . each report shall include a summary of the monitoring of the provision of roaming services in the union and an assessment of the progress towards achieving the objectives of this regulation , including by reference to the matters referred to in paragraphs 2 and 3 . 6 . in order to assess the competitive developments in the union - wide roaming markets , berec shall regularly collect data from national regulatory authorities on the development of retail and wholesale charges for voice , sms and data roaming services . those data shall be notified to the commission at least twice a year . the commission shall make them public . berec shall also annually collect information from national regulatory authorities on transparency and comparability of different tariffs offered by operators to their customers . the commission shall make those data and findings public .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision no 243 / 2012 / eu of the european parliament and the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband , satellite communications and broadcasting in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , 23 testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council24 have not been sufficient to address this problem . __________________ 23 decision no 243 / 2012 / eu of the european parliament and the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . 24 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission may adopt implementing acts defining the format and procedures for the provision of such information . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### for the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2 , national competent authorities shall provide timely and sufficiently detailed information to the commission on their plans to ensure compliance . the commission shall adopt an implementing act defining the format and procedures for the provision of such information within one year from the date of entry into force of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for public order , public security purposes and defence . ### the application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll - out of union - wide services and the completion of the internal market for wireless broadband communications . it could in particular create unequal conditions for access to such services , hamper competition between undertakings established in different member states and stifle investments in more advanced networks and technologies and the emergence of innovative services , thereby depriving citizens and businesses of ubiquitous integrated high - quality services and wireless broadband operators of increased efficiency gains from large - scale more integrated operations . therefore , action at union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the union . at the same time , member states should retain the right to adopt measures to organise their radio spectrum for purposes of public order , public security , safeguarding and promoting linguistic and cultural diversity and media pluralism , and defence .


### in addition , the significant reduction in mobile termination rates throughout the union in the recent past should now allow the elimination of additional roaming charges for incoming calls . ### in order to provide clarity and legal certainty , a date should be set for the final phasing out of retail roaming surcharges which reduction began with regulation no 717 / 2007 . in advance of that final abolition of retail surcharges , the wholesale rates should be further decreased and mobile termination rates should be harmonised , throughout the union , in order to allow for a genuine level playing field for telecom operators .


### coordination and consistency of rights of use for radio spectrum should be improved , at least for the bands which have been harmonised for wireless fixed , nomadic and mobile broadband communications . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ‘ strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband’ adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands . ### coordination and consistency of rights of use for radio spectrum should be improved . this includes the bands identified at itu level for international mobile telecommunications advanced systems , as well as bands used for radio local area networks such as 2 . 4 ghz and 5 ghz . it should also extend to bands that may be harmonised in the future for wireless broadband communications , as envisaged in article 3 of the rspp and in the rspg opinion on ' strategic challenges facing europe in addressing the growing radio spectrum demand for wireless broadband ' adopted on 13 june 2013 , such as , in the near future , the 700 mhz , 1 . 5 ghz and 3 . 8 - 4 . 2 ghz bands .


### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , and in particular those relative to duration , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission would adopt implementing acts in accordance with paragraph 2 establishing a minimum duration of such rights or a synchronised expiry or renewal cycle for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration . ### where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band , they shall define the conditions of such grant , in such a way that beneficiaries of the rights of use are made aware of the possibility that the commission will adopt implementing acts in accordance with paragraph 2 for the union as a whole . this subparagraph shall not apply to the grant of rights of indefinite duration .


### the provision of cross - border electronic communications is still subject to greater burdens than those confined to the national borders . in particular , cross - border providers still need to notify and pay fees in individual host member states . holders of a single eu authorisation should be subject to a single notification system in the member state of their main establishment , which will reduce the administrative burden for cross - border operators . the single eu authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than one member state , thereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this regulation in any member state . a single eu authorisation defining the legal framework applicable to electronic communications operators providing services across member states on the basis of a general authorisation in the home member state should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole union . ### a certain degree of harmonisation of the general authorisation , involving berec as the recipient of notifications , should further ensure the practical effectiveness of the freedom to provide electronic communications services and networks in the whole union . furthermore , notification is not mandatory in order to benefit from the general authorisation scheme and not all member states require it . as a notification requirement imposes an administrative burden on the operator , member states requiring notification should show that it is justified , in line with union policy on abolishing unnecessary regulatory burdens . the commission should be required to evaluate such requirements and , where appropriate , be empowered to request their removal .


### when establishing authorisation conditions and procedures for the use of radio spectrum , national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between european electronic communications providers and other undertakings . ### when establishing authorisation conditions and procedures for the use of radio spectrum , national competent authorities shall have regard in particular to objective , transparent and non - discriminatory treatment between existing and potential operators and between european electronic communications providers and other undertakings .


### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should be promoted . this includes the use of low - power wireless access systems with a small - area operating range such as so called ‘ hotspots’ of radio local area networks , as well as networks of low - power small size cellular access points . ### considering the massive growth in radio spectrum demand for wireless broadband , solutions for alternative spectrally efficient access to wireless broadband should not be prevented . this currently includes the use of low - power wireless access systems with a small - area operating range such as so called ‘ hotspots’ of radio local area networks , as well as networks of low - power small size cellular access points .


### article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ### article 8 is replaced by the following : article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 and to eur 0 , 15 on 1 july 2015 and the maximum retail charge for calls received shall decrease to eur 0 , 05 on 1 july 2014 and to eur 0 , 03 on 1 july 2015 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . as of 1 july 2016 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and and the continued availability of open internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also ensure that the effects of specialised services do not impair cultural diversity , media pluralism and innovation . national regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with article 23 taking the utmost account of the berec guidelines specified in paragraph 2 of this article and in paragraph 3a of article 21 of the directive 2002 / 22 / ec . reasonable traffic management measures shall be subject to periodic review to reflect advances in technology . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### a european electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 . ### any electronic communications provider established in the union has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates .


### as regards the other main substantive conditions which may be attached to rights of use of radio spectrum for wireless broadband , the convergent application by individual member states of the regulatory principles and criteria set down in this regulation would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law . ### the convergent application by individual member states of the regulatory principles and criteria set down in the union regulatory framework would be favoured by a coordination mechanism whereby the commission and the competent authorities of the other member states have an opportunity to comment in advance of the granting of rights of use by a given member state and whereby the commission has an opportunity , taking into account the views of the member states , to forestall implementation of any proposal which appears to be non - compliant with union law .


### this section shall apply to harmonised radio spectrum for wireless broadband communications . ### this section shall apply to harmonised radio spectrum for wireless broadband communications , in accordance with articles 8a and 9 of directive 2002 / 21 / ec .


### the exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with article 25 , article 26 , and article 27 and . ### end - users shall be provided with complete information in accordance with article 20 , article 21 and article 21a of directive 2002 / 22 / ec , including information on any reasonable traffic management measures applied that might affect access to and distribution of information , content , applications and services as specified in paragraphs 1 and 2 of this article .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should 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 .


### the technical characteristics of different available radio spectrum bands , ### the technical characteristics and the current and planned use of different available radio spectrum bands ;


### a european electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 . ### any electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### minimise or prevent the effects of network congestion provided that equivalent types of traffic are treated equally .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such special 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 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 should therefore 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 open internet access services .


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , according to the provisions and procedures as laid down in directive 2002 / 21 / ec and pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### ‘ harmonised radio spectrum for wireless broadband communications’ means radio spectrum for which the conditions of availability and efficient use are harmonised at union level , in particular pursuant to decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### ' harmonised radio spectrum for wireless broadband communications ' means radio spectrum for which the conditions of availability , efficiency and primary use are harmonised at union level in accordance with directive 2002 / 21 / ec , and with decision 676 / 2002 / ec of the european parliament and the council , 27 and which serves for electronic communications services other than broadcasting ; __________________ 27 decision 676 / 2002 / ec of the european parliament and the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### the national competent authorities shall refrain from applying procedures or imposing conditions for the use of radio spectrum which may unduly impede european electronic communications providers from providing integrated electronic communications networks and services in several member states or throughout the union . ### the national competent authorities shall refrain from applying procedures or imposing conditions for the use of radio spectrum which may unduly impede electronic communications providers from providing integrated electronic communications networks and services in several member states or throughout the union .


### implement a legislative provision or a court order , or prevent or impede serious crimes ; ### implement a legislative provision or a court order ;


### where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use , national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances , including the imposition of additional fees . these additional fees shall be based on an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration . ### where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use , national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances . where such adaptations include the imposition of additional fees , such fees shall not exceed an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by limiting or otherwise impairing the flow of internet traffic , e . g . by blocking , slowing down or degrading it or by means of discrimination , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures should not be applied in a manner directed against particular providers’ content or applications or which downgrades particular providers . reasonable traffic management measures shall be transparent , non - discriminatory and proportionate and shall include inter alia the processing of data in order to :


### the first subparagraph is replaced by the following : ' 2 . with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ' ### the first subparagraph is replaced by the following ' 2 . with effect from 1 july 2012 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 29 per minute for any call made or eur 0 , 08 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 24 on 1 july 2013 and to eur 0 , 19 on 1 july 2014 and the maximum retail charge for calls received shall decrease to eur 0 , 07 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . '


### article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 . as of 1 july 2014 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage . without prejudice to article 19 those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2017 . ### article 8 is replaced by the following : article 8 retail charges for regulated roaming calls with effect from 1 july 2013 , the retail charge for a euro - voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 24 per minute for any call made or eur 0 , 07 per minute for any call received . the maximum retail charge for calls made shall decrease to eur 0 , 19 on 1 july 2014 and to eur 0 , 15 on 1 july 2015 and the maximum retail charge for calls received shall decrease to eur 0 , 05 on 1 july 2014 and to eur 0 , 03 on 1 july 2015 . those maximum retail charges for the euro - voice tariff shall remain valid until 30 june 2016 . as of 1 july 2016 , roaming providers shall not levy any charge on their roaming customers for calls received , without prejudice to measures taken to prevent anomalous or fraudulent usage .


### the commission may also adopt implementing acts harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### subject to the second subparagraph of article 8a , the commission shall also adopt implementing acts within one year from the date of entry into force of this regulation , harmonising the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands , which already exist at the date of adoption of such acts , with a view to synchronising throughout the union the date for renewal or reassignment of rights of use for such bands , including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any european electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec . european electronic communications providers should therefore have a right to equal treatment by the different member states in objectively equivalent situations in order to enable more integrated multi - territorial operations . furthermore , there should be specific procedures at union level for the review of draft decisions on remedies within the meaning of article 7a of directive 2002 / 21 / ec in such cases , in order to avoid unjustified divergences in obligations applicable to european electronic communications providers in different member states . ### the principle of equal treatment is a general principle of european union law enshrined in articles 20 and 21 of the charter of fundamental rights of the european union . according to settled case - law , that principle requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified . it is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any electronic communications provider by different member states and that consistent regulatory practices are applied in the single market , in particular as regards measures falling within the scope of articles 15 or 16 of directive 2002 / 21 / ec , or articles 5 or 8 of directive 2002 / 19 / ec .


### 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 __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields . ### 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 , 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 / ec31 . __________________ 30 directive 2013 / 35 / eu of the european parliament and of the council of 26 june 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents of directive 89 / 391 / eec ) and repealing directive 2004 / 40 / ec . 31 recommendation 1999 / 519 / ec of the council of 12 july 1999 on the limitation of exposure of the general public to electromagnetic fields .


### the provision of cross - border electronic communications is still subject to greater burdens than those confined to the national borders . in particular , cross - border providers still need to notify and pay fees in individual host member states . holders of a single eu authorisation should be subject to a single notification system in the member state of their main establishment , which will reduce the administrative burden for cross - border operators . the single eu authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than one member state , thereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this regulation in any member state . a single eu authorisation defining the legal framework applicable to electronic communications operators providing services across member states on the basis of a general authorisation in the home member state should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole union . ### a certain degree of harmonisation of the general authorisation , involving berec as the recipient of notifications , should further ensure the practical effectiveness of the freedom to provide electronic communications services and networks in the whole union . furthermore , notification is not mandatory in order to benefit from the general authorisation scheme and not all member states require it . as a notification requirement imposes an administrative burden on the operator , member states requiring notification should show that it is justified , in line with union policy on abolishing unnecessary regulatory burdens . the commission should be required to evaluate such requirements and , where appropriate , be empowered to request their removal .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . in that respect , the dymanic allocation of the capacity not used for specialised services , when they are switched off , to the internet access service contributes to its overall quality ;


### determine a minimum duration for the rights granted in the harmonised bands ; ### determine a minimum duration that is no less than 30 years , for the rights granted in the harmonised bands , or determine that the rights are to be granted for an indefinite duration ;


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . 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 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 should therefore be free to conclude specialised 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 . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and and the continued availability of open internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also ensure that the effects of specialised services do not impair cultural diversity , media pluralism and innovation . national regulatory authorities shall also closely monitor and ensure the application of reasonable traffic management measures in compliance with article 23 taking the utmost account of the berec guidelines specified in paragraph 2 of this article and in paragraph 3a of article 21 of the directive 2002 / 22 / ec . reasonable traffic management measures shall be subject to periodic review to reflect advances in technology . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .