A4-0221/98

Proposal for a European Parliament and Council Decision on the coordinated introduction of mobile and wireless communications (UMTS) in the Community (COM(98)0058 - C4-0144/98 - 98/0051(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 10

>Original text>

(10) Whereas UMTS service providers should be able to enter the market without unnecessary constraints to allow for a dynamic market and a broad competitive service offering; whereas where an authorization procedure is considered necessary, general authorizations or declarations should be the rule;

>Text following EP vote>

(10)

Whereas organizations providing UMTS networks should be able to enter the market without unnecessary constraints or excessive fees to allow for a dynamic market and a broad competitive service offering; whereas where an authorization procedure is considered necessary, general authorizations or declarations should be the rule;

(Amendment 3)

Recital 16

>Original text>

(16) Whereas this ERC decision has designated the frequency bands 1900-1980 MHz, 2010-2025 MHz and 2110-2170 MHz to terrestrial UMTS applications, and accommodates UMTS satellite component applications within the bands 1980-2010 MHz and 2170-2200 MHz; whereas it already appears that additional frequency spectrum capacity will be necessary to meet the demand in the Community and to ensure introduction of UMTS in Europe even before 1 January 2002; whereas sufficient spectrum must be allocated within the bands identified by WARC 92 according to the increasing needs therefor before UMTS services are commercially deployed; whereas additional frequency spectrum may become necessary by 2005 and therefore the 900, 1800 and 1900 MHz bands would also need to be freed or refarmed as far as possible;

>Text following EP vote>

(16)

Whereas this ERC decision has designated the frequency bands 1900-1980 MHz, 2010-2025 MHz and 2110-2170 MHz to terrestrial UMTS applications, and accommodates UMTS satellite component applications within the bands 1980-2010 MHz and 2170-2200 MHz; whereas it already appears that additional frequency spectrum capacity will be necessary to meet the demand in the Community and to ensure introduction of UMTS in Europe even before 1 January 2002; whereas sufficient spectrum must be allocated within the bands identified by WARC 92 according to the increasing needs therefor before UMTS services are commercially deployed; whereas additional frequency spectrum may become necessary within a few years and therefore the 900, 1800 and 1900 MHz bands would also need to be freed or refarmed as far as possible with a view to ensuring non-discrimination;

(Amendment 4)

Recital 22

>Original text>

(22) Whereas, without prejudice to Community competition law, organisations providing UMTS networks must have rights and obligations to negotiate roaming and infrastructure sharing agreements with other telecommunications organisations to ensure seamless Community-wide service coverage; whereas such negotiation needs to occur on the basis of a common, open and internationally competitive air-interface standard;

>Text following EP vote>

(22)

Whereas, without prejudice to Community competition law, organisations providing UMTS networks must have rights and obligations to negotiate roaming and infrastructure sharing agreements with other telecommunications organisations to ensure seamless Community-wide service coverage even in less populated areas; whereas such negotiation needs to occur on the basis of a common, open and internationally competitive air-interface standard;

(Amendment 5)

Article 2

>Original text>

For the purpose of the Decision, Universal Mobile Telecommunications System (UMTS) shall mean a third generation mobile and wireless communications system capable of supporting in particular innovative multimedia services, beyond the capability of second generation systems such as GSM, and capable of combining the use of terrestrial and satellite components. It shall include the characteristics referred to under Annex I.

>Text following EP vote>

For the purpose of the Decision, Universal Mobile Telecommunications System (UMTS) shall mean a third generation mobile and wireless communications system capable of supporting in particular innovative multimedia services, beyond the capability of second generation systems such as GSM, and capable of combining the use of terrestrial and satellite components.

This system shall at least be capable of supporting the characteristics referred to under Annex I.

(Amendment 6)

Article 3(3)

>Original text>

3. When authorizing UMTS services, Member States shall ensure that the specific characteristics listed in Annex I are implemented;

>Text following EP vote>

3.

When authorizing UMTS services, Member States shall ensure that this takes place in compliance with the Community legislation in force, whereby inter alia the principles of transparency and non-discrimination shall be adhered to and the specific characteristics listed in Annex I implemented;

(Amendment 7)

Article 3(4)

>Original text>

4. In the case of incompatibility of potential systems and if it is established in accordance with the procedure laid down in Article 17 of Directive 97/13/EC and in conjunction with CEPT that it is necessary to limit the number of UMTS services authorizations, Member States shall co-ordinate their authorization procedures with a view to authorizing compatible UMTS services in the Community.

>Text following EP vote>

4.

In the case of incompatibility of potential systems and if it is established in accordance with the procedure laid down in Article 17 of Directive 97/13/EC and in conjunction with CEPT that it is necessary to limit the number of UMTS services authorizations for reasons of frequency spectrum efficiency, Member States shall co-ordinate their authorization procedures with a view to authorizing compatible UMTS services in the Community.

(Amendment 8)

Article 9(2)

>Original text>

2. For this purpose, the Commission shall make proposals to take all necessary actions to seek the effective implementation of international agreements applicable to UMTS, and shall, in particular and where necessary, submit proposals to the Council for appropriate mandates for the negotiation of bilateral and multilateral agreements with third countries and international organisations. The Council shall decide by qualified majority.

>Text following EP vote>

2.

For this purpose, the Commission shall seek the effective implementation of international agreements applicable to UMTS, and shall, in particular and where necessary, submit proposals to the Council for appropriate mandates for the negotiation of bilateral and multilateral agreements with third countries and international organisations. The Council shall decide by qualified majority.

(Amendment 9)

Annex I, first section, heading and (1)

>Original text>

Services

>Text following EP vote>

System capabilities needed to accommodate service features

>Original text>

1. Multimedia capability with wide area mobility.

>Text following EP vote>

1.

Multimedia capability; full mobility and low mobility applications in different geographical environments beyond the capability of the second-generation systems such as GSM.

(Amendment 10)

Annex I(5)

>Original text>

5. Indoor, outdoor and far outdoor operation of GSM/UMTS in one seamless environment including full roaming between GSM as well as between the terrestrial and satellite components of UMTS networks.

>Text following EP vote>

5.

Indoor, outdoor and far outdoor operation of GSM/UMTS in one seamless environment including full roaming between all GSM services as well as between the terrestrial and satellite components of UMTS networks.

(Amendment 11)

Annex I, fourth section

>Original text>

- Evolution from GSM system family; call control mobility management including full roaming functionality based on core GSM network standard.

- Mobile / fixed convergence elements.

>Text following EP vote>

-

Call handling, service control and location and mobility management including full roaming functionality based on an evolution of existing core network systems, for example on an evolved GSM core network, taking the convergence between fixed and mobile networks into account.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Decision on the coordinated introduction of mobile and wireless communications (UMTS) in the Community (COM(98)0058 - C4-0144/98 - 98/0051(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(98)0058 - 98/0051(COD) ((OJ C 131, 29.4.1998, p. 9.)),

- having regard to Article 189b(2) of the EC Treaty and Articles 57, 66 and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0144/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Budgets and the Committee on Research, Technological Development and Energy (A4-0221/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and request that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.