A4-0063/95

Resolution on the Communication from the Commission 'Green Paper on the liberalization of telecommunications infrastructure and cable television networks¨ (part one - principle and timetable) (COM(94)0440 - C4-0209/94)

The European Parliament,

- having regard to the Commission's Green Paper on the liberalization of Telecommunications infrastructure and cable television networks (COM(94)0440 - C4-0209/94),

- having regard to the Commission's Communication 'Towards the information society - an action plan¨ (COM(94)0347 - C4-0093/94),

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Research, Technological Development and Energy, the Committee on Legal Affairs and Citizens' Rights and the Committee on Culture, Youth, Education and the Media (A4-0063/95),

A. whereas the telecommunications sector in most European Union countries is still characterized by fragmentation along national borders, monopolistic organization and high prices,

B. whereas the realization of the Single Market and the implementation of the EC policies on competition and freedom to provide services demand that this framework be substituted for a system based on competition and pursuit of the highest quality of service vs. cost ratio,

C. whereas such a move is not only desirable per se but is above all a vital prerequisite to developing efficient Trans European Networks in telecommunications so as to make possible the swift emergence of the information society in Europe and allow our societies and economies to take full advantage of these potential developments,

D. whereas sustained regulatory intervention will be necessary in order to create stable local-based connections and avoid the dangers of monopoly situations, while ensuring a competitive environment providing equal opportunity so that the European telecommunication industry is able to compete in a global market place against global players,

E. whereas the liberalization of alternative telecommunications infrastructure and cable television networks for already liberalized services depends on agreement being reached on the main features of a Europe-wide regulatory framework for telecommunications and needs to be carried out at a pace compatible with current technological innovation and globalization of the telecommunications markets,

F. whereas such a framework, which also includes the definition and provision of a universal service, will give private investors sufficient certainty for substantial investments, which will lead to a rapid expansion of capacities,

G. whereas a decision on early liberalization of alternative telecommunications infrastructures and cable television networks must at all events be taken when part two of the Green Paper (regulatory framework) is discussed and a decision taken on it,

1. Approves the options embodied in the Green Paper in terms of principle and timetable, especially the date of 1 January 1998 for the full liberalization of infrastructures;

2. Calls for liberalization, and the privatization planned in a number of Member States, to be rooted in a structurally adjusted Europe-wide strategy; calls on the Commission to draw up a public services charter and, in its proposals for liberalization of telecommunications infrastructure, to provide for a regulatory framework which does not undermine public service; takes the view that the basic principle that telecommunications infrastructure provision should be liberalized by 1 January 1998, on which the Commission will be submitting appropriate proposals this year, is not at odds with individual Member States being able to liberalize ahead of that date and believes that the Commission should expressly include this option in its draft directive(s);

3. Emphasizes the need to give the public services the means to evolve and adapt, with better account being taken of the user's requirements and technological advances;

4. Believes that, in principle, immediate steps should be taken to enable pilot projects to be launched in preparation for a telecommunications market that is to be liberalized from 1 January 1998 (e.g. with a view to improving interoperability and to trans-European networks);

5. Recalls its previous statements, in particular its resolution of 20 April 1993 on the Commission's 1992 review of the situation in the telecommunications services sector ((OJ C 150, 31.5.1993, p. 39.)), regarding the lifting of restrictions in the use of cable TV infrastructure for telecommunication services, and calls for the speedy lifting of these restrictions for non-reserved services;

6. Draws the attention of the Commission to the fact that the free provision of telecommunications services is an essential part of the implementation of the Single Market and that Parliament therefore requests that the corresponding legislation be based upon article 100a of the EC Treaty;

7. Reiterates its request to the Commission to draw up an anti-concentration directive, taking account of the development of telecommunications as the 'information society' approaches, competition law being incapable of ensuring pluralism on its own;

8. Expresses its concern at the resolution of the Council of 22 December 1994 on the principles and timetable for the liberalization of telecommunications infrastructures ((OJ C 379, 31.12.1994, p. 4.)) and questions the nature and validity of such an instrument, which can under no circumstances be considered as binding on the other Community institutions; asks the Commission and Council to give a commitment that Parliament will henceforth be given the opportunity to comment on any draft Council resolution concerning matters of EU competence, before its adoption by Council;

9. Supports the view that full liberalization of infrastructure, including existing alternative infrastructures, as well as of services, makes it necessary to define in a directive, in advance of any liberalization, the public service duties of all operators and to create a regulatory model that guarantees equal and non-discriminatory access for service providers and prioritizes network connections to public institutions, to include, for example, GPs' surgeries and hospitals, schools, colleges and universities, local authorities, libraries, cultural centres (museums and galleries) and services for people with disabilities, and a European regulatory framework to accompany liberalization on the issues already mentioned in its resolution of 30 November 1994 on the recommendation to the European Council: 'Europe and the global information society' and the communication from the Commission to the Council and the European Parliament and to the Economic and Social Committee and the Committee of the Regions: 'Europe's way to the information society: an action plan' ((OJ C 363, 19.12.1994, p. 33.)), i.e.:

- the granting of licences,

- interconnection,

- access to networks for users and suppliers of services,

- guarantee of universal service financed by operators as a whole,

- charging, in particular the setting of socially and regionally differentiated tariffs,

- security of operation and protection of networks against malicious or accidental intrusion (network integrity),

- protection and remuneration of intellectual property,

- cryptography and electronic signatures,

- protection of private and personal information,

- consumer protection;

and calls on the Commission to submit to the Council and Parliament a proposal for the creation of a European Telecommunications Authority, whose responsibility would be the enforcement of the regulation needed at European level to ensure the rapid emergence of efficient European information structures and services, setting out the relationship with the National Regulatory Authorities;

10. Calls on the Commission not to make matters relating to culture, information, education and health subject to economic considerations alone, thereby ignoring the importance of cultural and social goals of regulation, which include priority for connecting public institutions (such as schools, libraries, hospitals and GPs' surgeries) or services for people with disabilities to networks;

11. Notes the growing inter-relationship and cross-ownership between different branches of the information, communications and cultural sectors; attaches great importance to pluralism, cultural diversity and freedom of access to the means of dissemination of information and culture; asks the Commission to examine and report on what safeguards may be needed, over and above competition law, to protect these goals;

12. Acknowledges that some Member States whose territory is in full or in large part included in Objective 1 of the Structural Funds regulations may require an additional transition period to proceed with the necessary structural adjustments but considers that the granting of such an exception must be conditional on the actual implementation of such structural adjustments, which will have to be embodied in a national programme to be approved by the Commission, and that such a derogation is not justified in the case of other countries or networks;

13. Voices its concern at the many job losses which will occur over the next few years because of liberalization; calls therefore on the Commission to provide, in the framework of the information society, for specific training programmes in favour of those who lose their jobs as a consequence of liberalization, in order to improve their mobility and their professional skills;

14. Calls on the Commission to submit specific regulatory proposals embodying the above-mentioned prerequisites;

15. Calls on the Commission and the Council to ensure that open access to European Union infrastructure by third-country operators is based on reciprocity;

16. Instructs its President to forward this resolution to the Council and Commission.