A4-0097/95

Resolution on the Commission communication to the European Parliament and the Council 'Towards the personal communications environment: Green Paper on a common approach in the field of mobile and personal communications in the European Union' (COM(94)0145 - C4-0061/94) and on the Commission communication to the European Parliament and the Council on the consultation on the Green Paper on mobile and personal communications (COM(94)0492 - C4-0046/95)

The European Parliament,

- having regard to the Commission communication to the European Parliament and the Council 'Towards the personal communications environment: Green Paper on a common approach in the field of mobile and personal communications in the European Union' (COM(94)0145 - C4-0061/94) ((OJ C 276, 3.10.1994, p. 5.)),

- having regard to the Commission communication to the European Parliament and the Council on the consultation on the Green Paper on mobile and personal communications (COM(94)0492 - C4-0046/95),

- having regard to the Commission communication on the Green Paper on the liberalization of telecommunications infrastructure and cable television networks (parts I and II) (COM(94)0440 - C4-0209/94),

- having regard to Article 189b of the EC Treaty,

- 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 and the Committee on the Environment, Public Health and Consumer Protection (A4-0097/95),

A. whereas mobile communications have in Europe the highest growth rate in the telecommunications sector and their significant role in the future global information society has been underscored in the report by the Bangemann group,

B. whereas European industry has become one of the leaders in the development of mobile digital systems as a result in particular of the crucial role played by European standardization through the introduction of GSM,

C. whereas the contribution of the mobile communications sector to growth and job creation, whether on network equipment markets or terminal equipment markets, and its general implications for the telecommunications sector justify in particular the Commission's effort to promote greater access for European suppliers to third-country markets,

D. whereas the forecasts for the development of the mobile communications market are based on:

- the rapid technological progress which is characteristic of this sector,

- a constant fall in prices from the current very high level,

- the particularly important commercial opportunities on a potential market which is as yet very little exploited (responding to the varied needs of potential users),

E. having regard in particular to the availability of digital technologies which will supersede the analogue systems that are incompatible between Member States, and stimulate market growth,

F. whereas in addition, in spite of the striking success of GSM, which is mainly the result of European frequency harmonization, a host of service projects have been deadlocked for many years in the absence of the necessary decisions on frequency allocation, including the agreement on frequency bands for DCS 1800, the resources for the TETRA shared-resources mobile digital system, the ERMES digital radio paging system, the DECT digital cordless telecommunications system and the TFTS in-flight telecommunications system,

G. whereas economic and social development in Europe is moving towards a significant increase in needs for all forms of mobile communications both at work and for leisure time,

H. having regard to the economic impact of the utilization of mobile communications in terms of improving business productivity, in particular in the context of the internal market,

I. whereas the features of mobile communications services can give them in the future a specific role in the provision of a universal service, in particular for peripheral regions or regions with dispersed populations,

J. whereas development towards a system of universal mobile communications must be accompanied by a fall in tariffs for mobile services,

K. having regard to the considerable diversity between Member States in terms of rules and the need for these regulatory frameworks to evolve while taking account, however, of the economic and social consequences which may result if the existing balance is broken too abruptly, a problem addressed in particular in Council resolution 93/C213/01,

L. having regard to the importance attaching to the notion of resource sharing with regard to mobile communications, whether in terms of radio frequencies, sites or infrastructure,

M. welcoming the interest shown in the proposal to draw up a global action programme for health and safety in the mobile sector and to conduct an ongoing assessment of the environmental impact of the development of mobile and personal telecommunications,

1. Very much welcomes the publication of the Commission's Green Paper on a common approach in the field of mobile and personal communications, which is essential to permit a mobile services, equipment and terminal market to develop at Union level, and the outcome of the broadly based consultation to which it has given rise;

2. Approves in general the Commission's proposals for measures while calling, however, for a different order of priorities and greater pragmatism in the proposed regulatory framework so that European users have available the best possible combination of technologies, networks and services capable of meeting their needs;

3. Willingly acknowledges that mobile network operators must develop within a competitive environment which requires the abolition of existing exclusive and special rights and the granting of authorizations on the basis of open, transparent and non-discriminatory procedures;

4. Believes nevertheless that the number of licences awarded must be commensurate with capacity to meet the general terms governing service authorization and, in particular, public-service constraints;

5. Takes the view that the provision of public mobile telecommunications services might be subject to universal service requirements, in particular with regard to geographical coverage, price levels, access conditions and minimum service quality;

6. Wishes to point out also that the current practice of awarding authorizations on the basis of the technologies used is fragmenting the market to consumers' detriment and stresses that it is important for an operator to offer a combination of different, complementary mobile technologies;

7. Sides with the Commission in attaching the utmost importance to the balanced trading relationship which there must be between mobile network operators and service providers, and takes the view that a mandatory code of conduct would play a very beneficial role to that end;

8. Stresses that the measures taken to lay down a competitive environment at the various levels referred to must, as a consequence, protect the consumers' interests and, in particular, make tariffs transparent and lower;

9. Acknowledges the importance of mobile network interconnection with fixed networks and calls for commercial agreements to regulate this issue and, failing this, for recourse to an arbitration procedure before specific rules are envisaged;

10. Believes, with regard to the creation of infrastructure for mobile networks and access to third parties' infrastructure for those networks, that it is more appropriate to address this issue in the global context of the process of infrastructure liberalization now under way;

11. Lays particular emphasis therefore on the fundamental role, for mobile communications, of the availability of a sufficiently wide frequency spectrum so as to make it possible to plan investment in a predictable environment and on the need ultimately to establish a regulatory authority to manage frequencies at European level;

12. Acknowledges the importance of numbering in the new mobile communications environment, in particular looking ahead to the third-generation UMTS system (Universal Mobile Telecommunications System), but takes the view that this aspect must be considered as part of the general work on numbering under way within ECTRA;

13. Believes therefore that the following proposed modifications must be made to the proposal for a resolution presented by the Commission as an annex to its most recent communication on the consultation on the Green Paper on mobile and personal communications (COM(94)0492 - C4-0046/95):

(Proposed modification 1)

Title

>Original text>

Proposal for a Council Resolution on the further development of mobile and personal communications in the European Union

>Text following EP vote>

Proposal for a European Parliament and Council Resolution on the further development of mobile and personal communications in the European Union

(Proposed modification 2)

After the title

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THE COUNCIL OF THE EUROPEAN UNION

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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

(Proposed modification 3)

Citation

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Having regard to the Treaty establishing the European Community,

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Having regard to the Treaty establishing the European Community, and in particular Article 189b thereof;

(Proposed modification 4)

Recital 3a (new)

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Having regard moreover to the publication of the Commission Green Paper on the liberalization of telecommunications infrastructure and cable television networks (Part I, Part II),

(Proposed modification 5)

First heading - WELCOMES

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WELCOMES the broad consultation carried out by the Commission on the main principles and objectives of the Green Paper on Mobile and Personal Communications and NOTES the consensus resulting from it, as well as those areas where a full consensus was not achieved.

>Text following EP vote>

WELCOME the consultation carried out by the Commission on the main principles and objectives of the Green Paper on Mobile and Personal Communications and NOTE the areas of consensus resulting from it, as well as those basic questions on which differences emerged.

(Proposed modification 6)

Third heading - CONSIDERS AS PRIORITIES

>Original text>

CONSIDERS AS PRIORITIES FOR SECTOR SPECIFIC ACTION measures which at a Union level seek to ensure:

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CONSIDER AS PRIORITIES FOR OPTIMUM DEVELOPMENT OF MOBILE AND PERSONAL COMMUNICATIONS measures which at a Union level seek to ensure:

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1. the introduction of competition where this is still not the case, with the number of mobile licences granted to be limited only on the grounds of essential requirements and public service requirements in the form of trade regulations;

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1. the application of the rules on competition and the abolition of exclusive and special rights before 1 January 1996, with the number of mobile licences granted to be limited only on the grounds of essential requirements and public service requirements in the form of trade regulations;

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1a. fair competition between operators already established and newcomers to the market, who must be subject to the same conditions of authorization and be able, subject to frequency availability, to use the same technologies;

>Original text>

2. service provider access to the market and promote the development of a Code of Conduct for service providers, with special regard to the protection of consumer interests;

>Text following EP vote>

2. service providers' access to the market by drawing up a mandatory Code of Conduct establishing a fair trading relationship between network operators and service providers and guaranteeing protection of consumer interests;

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3. the timely access to DECT and DCS1800 frequencies and the rapid availability of adequate frequency spectrum on a pan-European basis to support the development of existing and new mobile technologies and systems such as TETRA, ERMES, DCS1800 and satellite-based personal communications services, as well as the removal of restrictions on the innovative combination of different mobile technologies;

>Text following EP vote>

3. the timely access to DECT and DCS1800 frequencies and the rapid availability of adequate frequency spectrum on a pan-European basis to support the development of existing and new mobile technologies and systems such as TETRA, ERMES, DCS1800 and satellite-based personal communications services, as well as the removal of restrictions on the innovative combination of different mobile technologies;

>Original text>

4. that the full combination of fixed and mobile services be allowed in accordance with the schedule for the full liberalization of public voice services with additional transition periods for certain Member States, as established in Council Resolution 93/C213/01, in order to allow full-scale development of personal communications services;

>Text following EP vote>

4. that the optimum combination of fixed and mobile services is allowed in accordance with the schedule for the full liberalization of public voice services with additional transition periods for certain Member States, as established in Council Resolution 93/C213/01, in order to allow full-scale development of personal communications services, with due regard for the regulatory framework for interconnection of networks, which must be established at Community level;

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5. that a harmonized licensing approach for satellite-based personal communications is established and that procedures for licensing such systems at the Union level be initiated at an early stage;

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5. that a harmonized licensing approach for satellite-based personal communications is established before 1 January 1996 and that procedures for licensing such systems are initiated at an early stage; this approach must be implemented by 1 January 1996 in order to take account of the rapid development of such services at global level and of their potential in both social and commercial terms;

(Proposed modification 7)

Fourth heading - CONSIDERS AS AREAS FOR PRIORITY ACTION

>Original text>

1. examining constraints on alternative telecommunications and cable-TV infrastructure for the provision of mobile communications, in the context of the general approach to infrastructure regulation, with the aim of lifting such constraints;

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1. lifting restrictions on access to alternative telecommunications and cable-TV infrastructure for the provision of mobile communications before 1 January 1996, in the context of the general approach to infrastructure liberalization;

>Original text>

2. the development of the regulatory regime for interconnection based on the Treaty competition rules upon the ONP framework, modified in line with Council Resolution 93/C213/01, and the EU competition rules, giving priority to commercial agreement between parties under the supervision of regulatory authorities and strict scrutiny under Treaty competition rules;

>Text following EP vote>

2. the development of the regulatory regime for interconnection based on the Treaty competition rules upon the ONP framework, modified in line with Council Resolution 93/C213/01, and the EU competition rules, giving priority to commercial agreement between parties under the supervision of regulatory authorities and strict scrutiny under Treaty competition rules;

>Original text>

3. the putting in place of an appropriate regulatory framework for the mobile sector, based on current legislative proposals and adopted directives, in relation to data protection and privacy, the mutual recognition of licencing and the mutual recognition of type approval for terminal equipment;

>Text following EP vote>

3. the putting in place of an appropriate regulatory framework for the mobile sector, based on current legislative proposals and adopted directives, always based on at least current standards of data protection and privacy, the mutual recognition of licencing and the mutual recognition of type approval for terminal equipment;

(Proposed modification 8)

Fifth heading - NOTES THE NEED FOR ADDITIONAL ACTION

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1. Establishing clear schedules for standardization, numbering and frequencies, together with timetables for binding decisions on implementation by the Member States, as well as for agreement on the establishment of a European numbering space taking account of requirements for mobile and personal communications such as for portable numbers;

>Text following EP vote>

1. Establishing clear schedules for standardization, numbering and frequencies before 1 January 1998, together with timetables for binding decisions on implementation by the Member States, as well as for agreement on the establishment of a European numbering space taking account of requirements for mobile and personal communications such as for portable numbers;

>Original text>

2. In order to maintain public confidence in the development of mobile communications, an action programme should be set up to address a range of areas linked to the public interest, namely to:

>Text following EP vote>

2. In order to maintain public confidence in the development of mobile communications, an action programme should be set up to address a range of areas linked to the public interest, namely to:

>Original text>

- assess the impact of radio frequency radiation on human health and safety and to accelerate the development of necessary safety standards;

>Text following EP vote>

- assess the impact of radio frequency radiation on human health and safety and to accelerate the development of necessary safety standards;

>Original text>

- examine the impact on employment and re-training requirements in the sector;

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- examine the impact on employment and re-training requirements in the sector;

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- assess the environmental impact of the infrastructure facilities provided for mobile communications;

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- study the defence and public order aspects;

>Original text>

- study issues relating to fraudulent use of mobile services and equipment, as well as other issues of consumer protection; to propose appropriate measures where required at the Union level; and to monitor developments on tariffs and tariff structures (versus cost-oriented pricing), including subscription fees and equipment prices, in order to protect the economic interests of consumers;

>Text following EP vote>

- study issues relating to fraudulent use of mobile services and equipment, as well as other issues of consumer protection, in particular communications privacy; to propose appropriate measures where required at the Union level; and to monitor developments on tariffs and tariff structures (versus cost-oriented pricing), including subscription fees and equipment prices, in order to protect the economic interests of consumers and guarantee optimum conditions of transparency;

>Original text>

3. ensure that the necessary measures are taken to secure the success of future European systems and standards in emerging world markets for mobile and personal communications, with particular attention on the role of the future Universal Mobile Telecommunications System (UMTS);

>Text following EP vote>

3. ensure that the necessary measures are taken to secure the success of future European systems and standards in emerging world markets for mobile and personal communications, with particular attention on the role of the future Universal Mobile Telecommunications System (UMTS);

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3a. take further the technical and economic strategic studies on the new concepts of satellite-based mobile communications;

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3b. consider the introduction of universal service requirements for public mobile telephony systems, bearing in mind the added value to the quality of life they can bring to the solitary, the disabled and the disadvantaged, and the consequent need for wide geographical coverage, ease of access, transparency of pricing, and guarantees of minimum service quality.

(Proposed modification 9)

Sixth heading - EMPHASIZES

>Original text>

EMPHASIZES the importance of comparable and effective access to third country markets and of full recourse to international standards where possible, to be achieved by bilateral and multilateral negotiations conducted at the European Union level, with regard to mobile and personal communications technologies, equipments and services.

>Text following EP vote>

EMPHASIZE the importance of effective access by European suppliers of mobile and personal communications technologies, equipments and services to third country markets and CALLS FOR the necessary steps to be taken or necessary agreements to be concluded, within GATT/WTO or through bilateral negotiations, with a view to lifting the restrictions on European firms, guaranteeing reciprocity and penalizing unlicensed operators broadcasting from a third country.

14. Calls on the Council to take account of the European Parliament's position, and the guidelines set out in this resolution, in its deliberations on the Green Paper on mobile and personal communications;

15. Calls on the Commission, on the basis of this resolution and pursuant to Article 189b of the EC Treaty, to seek, in the manner it deems the most appropriate, to formulate a joint European Parliament and Council resolution laying down the legislative framework for the Union's policy on mobile and personal communications;

16. Instructs its President to forward this resolution to the Commission, the Council, the main telecommunications operators in Europe and the associations representing service providers, consumers and manufacturers in the sector.