Amended proposal for a directive of the European Parliament and the Council on the authorisation of electronic communications networks and services (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2001-07-04
Institutions: European Commission
Subjects: competition, single market, telecommunications, trade licence, transmission network

C 270 E/182

EN

Official Journal of the European Communities

25.9.2001

Amended proposal

for a Directive of

the European Parliament and the Council on the

authorisation of electronic communications networks and services (1)

(2001/C 270 E/25)

(Text with EEA relevance)

COM(2001) 372 final (cid:151) 2000/0188(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 4 July 2001)

(1) OJ C 365 E, 19.12.2000, p. 230.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of
Committee (1),

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Unchanged

Whereas:

the public consultation on the 1999
(1) The outcome of
electronic
regulatory framework for
review of
the
communications,
the Commission
reflected
Communication of 26 April 2000 (1), has confirmed the
need for a more harmonised and less onerous market
access regulation for electronic communications services
and networks throughout the Community.

as

in

in

as

the public consultation on the 1999
(1) The outcome of
electronic
regulatory framework for
review of
the
communications,
the Commission
reflected
Communication of 26 April 2000 (3), and the findings
reported by the Commission in its communications on
the fifth and sixth reports on the implementation of the
telecommunications regulatory package has confirmed the
need for a more harmonised and less onerous market
access regulation for electronic communications services
and networks throughout the Community.

(2) Convergence between different electronic communications
services and networks and their technologies requires the
establishment of an authorisation system covering all
similar services in a similar way regardless of the tech-
nologies used.

(2) Convergence between different electronic communications
services and networks and their technologies requires the
establishment of an authorisation system covering all
comparable services in a similar way regardless of the
technologies used.

(3) The least onerous system possible should be used to allow
the provision of electronic communications services and
networks in order to stimulate the development of new
electronic communications services and to allow service
providers and consumers to benefit from the economies
of scale of the single market.

___________
(1) COM(2000) 239.

(3) The least onerous system possible should be used to allow
the provision of electronic communications services and
networks in order to stimulate the development of new
electronic communications
services and pan-European
communications networks and services and to allow
service providers and consumers to benefit
from the
economies of scale of the single market.

___________
(1) OJ C 123, 25.4.2001, p. 55.
(2) OJ C (by letter of 16.2.2001 the Regions Committee has indicated

that it will not deliver its opinion on this Directive).

(3) COM(2000) 239.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Those aims can be best achieved by general authorisation
of all electronic communications services and networks
without requiring any explicit decision or administrative
act by the national regulatory authority and by limiting
any procedural requirements to notification only.

Unchanged

(5) It is necessary to include the rights of undertakings under
general authorisations explicitly in such authorisations in
order
the
to ensure a level playing field throughout
Community and to facilitate cross border negotiation of
interconnection
communications
networks.

between

public

(6) The granting of

specific rights may continue to be
necessary for the use of radio frequencies and numbers,
including short codes, from the national numbering plan.
Rights to numbers may also be allocated from a European
numbering plan, including for example the virtual country
code (cid:145)3883(cid:146) which has been attributed to Member
countries of the European Conference of Post and Tele-
communications (CEPT). Those rights of use should not
be restricted except where this is unavoidable in view of
the scarcity of radio frequencies and the need to ensure
the efficient use thereof.

(7) The conditions which may be attached to the general
authorisation and to the specific rights of use, should be
limited to what is strictly necessary to ensure compliance
with essential
and obligations under
Community law.

requirements

(8) Specific obligations which may be imposed on providers
of electronic communications services and networks in
accordance with Community law by virtue of
their
significant market power as defined in Directive . . ./. . ./EC
of the European Parliament and of the Council of . . . [on
a common regulatory framework for electronic communi-
cations networks and services] should be imposed sepa-
rately from the general rights and obligations under the
general authorisation.

(9) The general authorisation should contain only conditions
which are specific to the electronic communications
sector.
to conditions
which are already applicable by virtue of other existing
specific to the electronic
national
communications sector.

It should not be made subject

law which is not

It should not be made subject

(9) The general authorisation should contain only conditions
which are specific to the electronic communications
sector.
to conditions
which are already applicable by virtue of other existing
specific to the electronic
national
communications sector. Nevertheless, the national regu-
latory authorities may inform network operators and
service providers about other legislation concerning their
business,
through references on their
websites.

law which is not

instance

for

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INITIAL PROPOSAL

AMENDED PROPOSAL

(10) Where the demand for radio frequencies in a specific
range exceeds their availability, appropriate and trans-
parent procedures should be followed for the assignment
of such frequencies in order to avoid any discrimination
and optimise use of those scarce resources.

Unchanged

(11) Where the harmonised assignment of radio frequencies to
particular undertakings has been agreed at European level,
Member States should strictly implement such agreements
in the granting of rights of use of radio frequencies from
the national frequency usage plan.

(12) Providers of electronic communications

services and
networks may need a confirmation of their rights under
the general authorisation with respect to interconnection
and rights of way, in particular to facilitate negotiations
with other, regional or local, levels of government or with
service providers in other Member States. For this purpose
the national
should provide
declarations
to undertakings upon request or auto-
matically in response to a notification under the general
authorisation.

authorities

regulatory

(12a) Where undertakings find that their applications for rights
of way have not been dealt with in accordance with the
principles set out in the Directive on a common regu-
communications
latory
networks and services, or where such decisions are
unduly delayed, they should have the right to appeal
against decisions or delays
in
accordance with that Directive.

in such decisions

framework

electronic

for

Unchanged

(13) The penalties for non-compliance with conditions under
the general authorisation should be commensurate with
it
the infringement. Save in exceptional circumstances,
would not be proportionate to withdraw the right
to
provide electronic communications services or the right
to use radio frequencies or numbers where an under-
taking did not comply with one or more of the conditions
under the general authorisation. This is without prejudice
to urgent measures which Member States may need to
take in case of serious threats to public safety, security
interests of
or health or to economic and operational
other undertakings. This Directive
should also be
without prejudice to any claims for compensation for
damages between undertakings under national law.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(14) Subjecting service providers to reporting and information
obligations can be cumbersome, both for the undertaking
and for the national regulatory authority concerned. Such
obligations should therefore be proportionate, objectively
justified and limited to what is strictly necessary. It is not
necessary to require systematic and regular proof of
compliance with all conditions under the general author-
isation or attached to rights of use. Undertakings have a
right to know the purposes for which the information
they should provide will be used. The provision of
information should not be a condition for market
access. This Directive should be without prejudice to
Member States’ obligations to provide any information
necessary for the defence of Community interests within
the context of international agreements.

reporting about

(15) Administrative charges may be imposed on providers of
electronic communications services in order to finance the
activities of the national regulatory authority in managing
the authorisation system and for the granting of rights of
use. Such charges should be limited to cover the actual
administrative costs for those activities. For this purpose
transparency should be created in the income and expen-
diture of national regulatory authorities by means of
annual
charges
the
collected and the administrative costs incurred. This will
allow undertakings to verify that administrative costs and
charges are in balance. Administrative charges should not
act as a barrier to market entry. Such charges should
therefore be distributed in proportion to the turnover
on the relevant services of the undertaking concerned as
calculated over the accounting year preceding the year of
the administrative charge. Small and medium sized under-
takings should not be required to pay administrative
charges.

sum of

total

(16)

In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources.
Such fees should not hinder the development of inno-
vative services and competition in the market.

(16)

In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources.
Such fees should not hinder the development of inno-
vative services and competition in the market. Where
rights of way have hitherto been granted free of charge
or other requirements with equivalent effect, that practice
should be continued.

(17) Member States may need to amend rights, conditions,
procedures, charges and fees relating to general authoris-
ations and rights of use where this is objectively justified.
Such changes should be duly notified to all
interested
parties in good time giving them adequate opportunity
to express their views on any such amendments.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

(18) The objective of

fees

that

access

to any

transparency requires

information regarding
charges,

service
providers, consumers and other interested parties have
rights,
easy
conditions, procedures,
and decisions
concerning the provision of electronic communications
services, rights of use of radio frequencies and numbers,
national frequency usage plans and national numbering
an
plans. The national
important
task in providing such information and
keeping it up to date and in centralising all relevant
information regarding rights of way where such rights
are administered by other levels of government.

regulatory authorities have

(19) The proper functioning of the single market on the basis
of the national authorisation regimes under this Directive
should be monitored. On the basis of the findings of such
monitoring,
further harmonisation measures may be
necessary where barriers to the single market remain.
Directive [on a common regulatory framework for elec-
tronic communications networks and services] provides
the procedural framework for any such measures.

(20) The replacement of authorisations existing on the date of
entry into force of this Directive by the general author-
isation and the individual rights of use in accordance with
this Directive should not lead to an increase in the obli-
gations for service providers operating under an existing
authorisation or to a reduction of their rights, unless this
would have a negative effect on the rights and obligations
of other undertakings,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

The aim of this Directive is to implement an internal
1.
market
in electronic communications services through the
harmonisation and simplification of authorisation rules and
conditions in order to facilitate the provision of electronic
communications
the
Community.

and networks

throughout

services

This Directive shall apply to all authorisations relating to
services and

2.
the provision of electronic communications
networks.

Article 2

Definitions

For the purposes of this Directive, the definitions in Directive
[on a common regulatory framework for electronic communi-
cations networks and services] shall apply.

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INITIAL PROPOSAL

Article 3

General authorisation of electronic communications
services and networks

1. Member States shall not prevent an undertaking from
services or networks
providing electronic communications
except where this is necessary to protect public security,
safety or health.

AMENDED PROPOSAL

2.
The provision of electronic communications services or
networks may only be subject to a general authorisation. The
undertaking concerned may be required to submit a notifi-
cation, but may not be required to obtain an explicit
decision or any other administrative act by the national regu-
latory authority before exercising the rights stemming from the
authorisation. Upon notification, an undertaking may begin
commercial activity, where necessary subject to the provisions
on rights of use in Articles 5, 6 and 7.

2.
The provision of electronic communications services or
networks may only be subject to a general authorisation, valid
throughout the territory of the Member State concerned. The
undertaking concerned may be required to submit a notifi-
cation, but may not be required to obtain an explicit
decision or any other administrative act by the national regu-
latory authority before exercising the rights stemming from the
authorisation. Upon notification, an undertaking may begin
commercial activity, where necessary subject to the provisions
on rights of use in Articles 5, 6 and 7.

Unchanged

The notification referred to in paragraph 2 shall not
3.
entail more than a declaration by a legal or natural person
the intention to
regulatory authority of
to the national
communication
commence
of
provision
the
the minimal
networks or services and the submission of
information which is required to allow the national regulatory
authority to keep a register of providers of electronic
communications
information
must be limited to what is necessary for the identification of
the provider and the provider’s contact persons, the provider’s
address and a short description of the service to be provided.

services and networks. This

electronic

Article 4

Minimum list of rights derived from the general author-
isation

Undertakings authorised pursuant to Article 3, shall have the
right to:

A general authorisation shall give undertakings the right to:

(a) Provide electronic communications services to the public

(a) Provide electronic communications services and networks

and

(b) Negotiate interconnection with other providers of publicly
available communications services covered by a general
authorisation anywhere in the Community in accordance
with Directive . . ./. . ./EC of the European Parliament and of
the Council of . . . [on access to, and interconnection of,
electronic
associated
facilities].

communications

networks

and

(b) Negotiate interconnection with other providers of publicly
available communications networks covered by a general
authorisation anywhere in the Community in accordance
with Directive . . ./. . ./EC of the European Parliament and of
the Council of . . . [on access to, and interconnection of,
electronic
associated
facilities].

communications

networks

and

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INITIAL PROPOSAL

AMENDED PROPOSAL

(c) Establish electronic communications networks and be
granted the necessary rights of way in accordance with
Directive [on a common regulatory framework for elec-
tronic communications networks and services].

(c) Establish electronic communications networks and to have
their applications for the necessary rights of way considered
in accordance with Article 10 of Directive [on a common
regulatory
communications
framework
networks and services].

electronic

for

(d) Be given an opportunity to be designated to provide
elements of a universal service obligation in part or all of
the national
in accordance with Directive
. . ./. . ./EC of the European Parliament and of the Council
of . . . [on universal service and users’ rights relating to
electronic communications networks and services].

territory

Unchanged

Article 5

Rights to use radio frequencies and numbers

1. Member States shall, where possible, in particular where
the risk of harmful interference is negligible, not make the use
of radio frequencies subject to the grant of individual rights of
use but shall include the conditions for usage of such radio
frequencies in the general authorisation.

2. Where it is necessary to grant individual rights to use
radio frequencies and numbers, Member States shall grant
to any undertaking providing
such rights, upon request,
services under
to the
the general authorisation,
provisions of Articles 6 and 7 and any other rules ensuring
the efficient use of
in accordance with
those resources
Directive [on a common regulatory framework for electronic
communications networks and services].

subject

Such rights of use shall be granted through open, non-discrimi-
natory and transparent procedures. When granting rights of
use, Member States shall specify whether those rights can be
in accordance with
transferred and under which conditions,
Article 8 of Directive [on a common regulatory framework
for electronic communications networks and services]. Where
Member States grant rights of use for a limited period of time,
the duration shall be appropriate for the service concerned.

Such rights of use shall be granted through open, non-discrimi-
natory and transparent procedures. When granting rights of
use, Member States shall specify whether those rights can be
transferred at the initiative of the right holder and under which
conditions,
in accordance with Article 8 of Directive [on a
common regulatory framework for electronic communications
networks and services]. Where Member States grant rights of
use for a limited period of time, the duration shall be appro-
priate for the service concerned.

3.
Decisions on rights of use shall be taken, communicated
and published as soon as possible and within two weeks after
receipt of the application by the competent authority in the
case of numbers, and within six weeks in the case of radio
frequencies.

3.
Decisions on rights of use shall be taken, communicated
and published as soon as possible and within two weeks after
receipt of the complete application by the competent authority
in the case of numbers, and within six weeks in the case of
radio frequencies.

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INITIAL PROPOSAL

AMENDED PROPOSAL

4. Member States shall not limit the granting of rights of use
except where this is necessary to ensure the efficient use of
radio frequencies and in accordance with Article 7. Member
States shall grant rights to use frequency where it is available.

4. Member States shall not limit the number of rights of use
to be granted except where this is necessary to ensure the
efficient use of radio frequencies and in accordance with
Article 7. Member States shall grant rights to use frequency
where it is available.

Article 6

Unchanged

Conditions attached to the general authorisation and to
the rights of use for radio frequencies and rights of use
for numbers

The general authorisation for the provision of electronic
1.
communications services or networks and the rights of use for
radio frequencies and rights of use for numbers shall be subject
only to the conditions listed respectively in parts A, B and C of
the Annex. Such conditions shall be objectively justified in
non-discriminatory,
the
relation
proportionate and transparent.

concerned,

service

to

2.
Specific obligations which may be imposed on providers
services and networks with
of electronic communications
significant market power under Article 8 of Directive [on
access to, and interconnection of, electronic communications
networks and associated facilities] or on those designated to
provide universal service under Directive [on universal service
and users’
communications
networks and services], shall be legally separate from the
general rights and obligations under the general authorisation.
In order to achieve transparency for undertakings, the criteria
and procedures for imposing such specific obligations on indi-
vidual undertakings, shall be referred to in the general author-
isation.

relating to electronic

rights

The general authorisation shall only contain conditions
3.
which are specific for that sector as set out in Part A of the
Annex and shall not duplicate conditions which are applicable
to undertakings by virtue of other national legislation.

4. Member States shall not duplicate the terms of
the
general authorisation where they grant the right to use radio
frequencies or numbers.

Article 7

Procedure for limited granting of rights to use radio
frequencies

1. Where a Member State is considering to limit
granting of rights of use for radio frequencies, it shall:

the

(a) give due weight to the need to maximise benefits for users

and to facilitate the development of competition;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) allow sufficient opportunity and a period of at least 30
including users and
interested parties,

days to enable all
consumers, to express their views on any limitation;

(c) publish its decision to limit the granting of rights of use,

stating the reasons therefor;

(d) review the limitation at reasonable intervals or at

the

request of undertakings; and

(e)

invite applications for rights of use.

2. Where a Member State finds that further rights to use
radio frequencies can be granted, it shall publish that finding
and invite applications for such rights.

3. Where the granting of rights of use for radio frequencies
needs to be limited, Member States shall grant such rights on
selection criteria which must be objective,
the basis of
transparent and proportionate.
non-discriminatory, detailed,
Any such selection must give due weight
to the need to
facilitate the development of competition and of innovative
services and to maximise benefits for users.

4. Where comparative bidding procedures are to be used,
Member States may extend the maximum period of six weeks
referred to in Article 5(3) for as long as necessary to ensure
that such procedures are fair, reasonable, open and transparent
to all interested parties, but by no longer than six months.

These time-limits shall be without prejudice to any applicable
international
radio
relating
frequencies and of orbital positions.

to the use of

agreements

Article 8

Harmonised assignment of radio frequencies

conditions and procedures have been agreed,

Where the usage of radio frequencies has been harmonised and
access
in
accordance with Decision [on a regulatory framework for
and other
radio spectrum policy
Community rules, Member States shall grant the right of use
for radio frequencies in accordance therewith. They shall not
impose any conditions, additional criteria or procedures which
would restrict, alter or delay the correct implementation of the
harmonised assignment of radio frequencies.

in the Community]

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 9

Declarations to facilitate the exercise of rights of way and
rights of interconnection

At the request of an undertaking Member States shall, within
one week, issue declarations confirming that that undertaking
is authorised to apply for rights of way and/or to negotiate
interconnection under the general authorisation in order to
facilitate the exercise of
levels of
government or in relation to other undertakings. Where appro-
priate such declarations may also be issued as an automatic
reply following notification referred to in Article 3(2).

those rights at other

Article 10

Compliance with the conditions of the general author-
isation or for rights of use

National regulatory authorities may require undertakings
1.
providing electronic communications
services or networks
covered by the general authorisation or enjoying rights of
use for radio frequencies or numbers to provide information
necessary to verify compliance with the conditions of
the
general authorisation or the rights of use, in accordance with
Article 11.

regulatory authority finds that an
2. Where a national
the
undertaking does not comply with one or more of
conditions of the general authorisation or the rights of use,
it shall notify the undertaking of those findings and give the
undertaking a reasonable opportunity to state its views or
remedy any breaches within one month after notification or
within any other period agreed between the undertaking
concerned and the national regulatory authority.

regulatory authority finds that an
2. Where a national
the
undertaking does not comply with one or more of
conditions of the general authorisation or the rights of use,
it shall notify the undertaking of those findings and give the
undertaking a reasonable opportunity to state its views or
remedy any breaches within one month after notification or
within any other period agreed between the undertaking
concerned and the national regulatory authority. In case of a
repeated breach of a condition,
regulatory
authority may shorten this period.

the national

If

regulatory authority shall

the undertaking concerned does not

3.
remedy the
breaches within the period as referred to in paragraph 2, the
take appropriate and
national
proportionate measures aimed at ensuring compliance. The
measures and the reasons on which they are based, shall be
communicated to the undertaking concerned within one week
of their adoption and at least one week before they take effect.

Unchanged

In cases of

serious and repeated breaches of

4.
the
conditions of the general authorisation, the rights of use or
ensuring
specific obligations, where measures
compliance as
failed,
national regulatory authorities may prevent an undertaking
from continuing
communications
services or networks or suspend or withdraw rights of use.

referred to in paragraph 3 have

to provide

aimed at

electronic

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INITIAL PROPOSAL

AMENDED PROPOSAL

4. Where a breach of the conditions of the general author-
isation or rights of use represents an immediate and serious
threat to public safety, security or health or creates serious
economic or operational problems for other providers or
users of electronic communications
services or networks,
Member States may take urgent interim measures to remedy
the situation. The undertaking concerned shall thereafter be
given a reasonable opportunity to state its view and to
propose any remedies.

5. Where a breach of the conditions of the general author-
isation or rights of use represents an immediate and serious
threat to public safety, security or health or creates serious
economic or operational problems for other providers or
users of electronic communications
services or networks,
Member States may take urgent interim measures to remedy
the situation. The undertaking concerned shall thereafter be
given a reasonable opportunity to state its view and to
propose any remedies.

Undertakings

shall have the right

taken by Member States under

to appeal against
5.
measures
this Article in
accordance with the procedure referred to in Article 4 of
Directive [on a common regulatory framework for electronic
communications networks and services].

Undertakings

shall have the right

taken by Member States under

to appeal against
6.
measures
this Article in
accordance with the procedure referred to in Article 4 of
Directive [on a common regulatory framework for electronic
communications networks and services].

Article 11

Unchanged

Information required under the general authorisation and
for rights of use

1. Without prejudice to information and reporting obli-
gations under national legislation other than the general auth-
orisation, Member States shall not require undertakings to
provide more information under
the general authorisation
than is proportionate and objectively justified for:

(a) systematic verification of compliance with conditions 1 and
2 of Part A, condition 6 of Part B and condition 5 of Part C
the Annex and of compliance with obligations as
of
referred to in Article 6(2);

(b) case-by-case verification of compliance with conditions as
set out in the Annex where a complaint has been received
regulatory authority has other
or where the national
reasons to believe that a condition is not complied with;

(c) comparative bidding procedures for radio frequencies;

(d) publication of comparative overviews of quality and price

of services for the benefit of consumers;

(e) clearly defined statistical purposes;

interconnection

(f) market analysis for the purposes of Directive [on access to,
communications
and
networks
[on
universal service and users’ rights relating to electronic
communications networks and services].

and associated facilities] or Directive

electronic

of,

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INITIAL PROPOSAL

AMENDED PROPOSAL

The information referred to in points (a), (b), (d), (e) and (f) of
the first subparagraph may not be required prior to or as a
condition for market access.

2. Where Member States require undertakings to provide
information as referred to in paragraph 1, they shall inform
them of the specific purpose for which this information is to
be used.

Article 12

Administrative charges

Any administrative charges imposed on undertakings

1.
providing a service under the general authorisation shall:

(a)

in total, cover only the administrative costs incurred in the
management, control and enforcement of the applicable
general authorisation scheme and of
the granting of
rights of use; and

(b) be apportioned between the individual undertakings in
proportion to the turnover of each undertaking within
the last accounting year on the services covered by the
general authorisation, or for which the rights of use are
granted, and provided within the national market of the
Member State imposing the charge.

Undertakings with an annual turnover for the relevant
less than EUR 10

2.
services referred to in paragraph 1(b) of
million shall be exempt from paying administrative charges.

3. Where Member States impose administrative charges,
they shall publish a yearly overview of their administrative
costs and of the total sum of the charges collected.
If the
total sum of
the charges exceeds the administrative costs,
appropriate adjustments shall be made in the following year.

3. Where Member States impose administrative charges,
they shall publish a sufficiently detailed yearly overview of
their administrative costs and of the total sum of the charges
collected. In the light of the difference between the total sum of
the
appropriate
costs,
adjustments shall be made in the following year.

administrative

charges

and

the

Article 13

Fees for rights of use and rights of way

Unchanged

1. Member States may allow the assigning authority to
impose fees for the rights to use radio frequencies, numbers
or rights of way which reflect the need to ensure the optimal
use of these resources. Such fees shall be non-discriminatory,
transparent, objectively justified and proportionate in relation
to their intended purpose and take into particular account the
need to foster the development of
innovative services and
competition.

1. Member States may allow the assigning authority to
impose fees for the rights to use radio frequencies, numbers
or rights of way which reflect the need to ensure the optimal
use of these resources. Such fees shall be non-discriminatory,
transparent, objectively justified and proportionate in relation
to their intended purpose and shall not run counter to the
need to:

(cid:151) Ensure that users derive maximum benefit
choice, price, quality and value for money;

in terms of

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(cid:151) Ensure

that

there

is no distortion or

restriction of

competition in the electronic communications sector

(cid:151) Encourage efficient investment in infrastructure and inno-

vation;

(cid:151) Avoid barriers to the internal market and create a level

playing field throughout the European Union.

2. Where, in case of comparative selection procedures, fees
for rights of use for radio frequencies consist entirely or partly
of a one-off amount, appropriate payment arrangements shall
be offered to ensure that such fees do not in practice lead to
selection on the basis of criteria unrelated to the objective of
ensuring optimal use of radio frequencies.

3. Where a national regulatory authority intends to take
it shall notify such intended
measures under
measures in accordance with Article 6(2),
(3) and (4) of
Directive . . ./. . ./EC [on a common regulatory framework for
electronic communications networks and services].

this article,

Article 14

Unchanged

Amendment of rights and obligations

rights,

conditions,
1. Member States may amend the
procedures, charges and fees concerning general authorisations
and rights of use or rights of way in objectively justified cases
and in a proportionate manner. Member States shall give
appropriate notice of their intention to make such amendments
and allow interested parties, including users and consumers, a
sufficient period of no less than four weeks to express their
views on the proposed amendments.

rights,

conditions,
1. Member States may amend the
procedures, charges and fees concerning general authorisations
and rights of use or rights of way in objectively justified cases
and in a proportionate manner. Member States shall give
appropriate notice of their intention to make such amendments
and allow interested parties, including users and consumers, a
sufficient period proportionate to the economic or operational
impact of
the amendment envisaged, of no less than four
weeks to express their views on the proposed amendments
in accordance with the procedure laid down in Article 6(1)
of the Directive [on a common regulatory framework for elec-
tronic communications networks and services].

2. Member States shall not seriously restrict or withdraw
rights of way before expiry of
the period for which they
were granted unless this is necessary on grounds of public
safety or public policy. In such cases, providers of electronic
communications networks and services shall be entitled to
appropriate compensation.

Article 15

Unchanged

Publication of information

1. Member States shall ensure that all relevant information
on rights, conditions, procedures, charges, fees and decisions
concerning general
is
published and kept up to date in an appropriate manner so
as to provide easy access to that information for all interested
parties.

and rights of use

authorisations

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fees,

charges,

procedures

2. Where
conditions
concerning rights of way are determined at different levels of
government, Member States shall publish and keep up to date a
register of all such charges, fees, procedures and conditions in
an appropriate manner so as to provide easy access to that
information for all interested parties.

and

and

fees,

charges,

procedures

2. Where
conditions
concerning rights of way are determined at different levels of
government, Member States shall publish and keep up to date a
register of all such charges, fees, procedures and conditions and
details of the authorities responsible in each case in an appro-
priate manner so as to provide easy access to that information
for all interested parties.

Article 16

Unchanged

Functioning of the internal market

Where divergences between national charges, fees, procedures
or conditions concerning general authorisation or the grant of
rights of use create barriers
the
Commission may adopt measures to harmonise such charges,
fees, procedures or
in accordance with the
procedure referred to in Article 19(3) of Directive [on a
common regulatory framework for electronic communications
networks and services].

to the internal market,

conditions

In order to identify any such barriers to the single market, the
Commission shall periodically review the functioning of the
national authorisation systems and the development of cross
border service provision within the Community and report to
the European Parliament and to the Council.

Article 17

Existing authorisations

shall bring authorisations already in
1. Member States
existence on the date of entry into force of
this Directive
into line with the provisions of this Directive by 31 December
2001 at the latest.

2. Where application of paragraph 1 results in a reduction
of the rights or an extension of the obligations under author-
isations already in existence, Member States may extend the
validity of those rights and obligations until 30 June 2002 at
the latest, provided that the rights of other undertakings under
Community law are not effected thereby. Member States shall
notify such extensions to the Commission and state the reasons
therefor.

3.
If before the transposition of this Directive, administrative
charges have already been levied covering a period that runs
beyond the date of application of
the Directive, a corre-
sponding deduction shall be made from the charges to be
paid as from the date of application of the Directive.

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Article 18

Transposition

AMENDED PROPOSAL

Unchanged

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field governed by this Directive and of any subsequent
amendments to those provisions.

Article 19

Entry into force

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 20

Addressees

This Directive is addressed to the Member States.

ANNEX

The conditions listed in this Annex provide the maximum list of
conditions which may be attached to general authorisations (Part
A), rights to use radio frequencies (Part B) and rights to use
numbers (Part C) as referred to in Article 6(1) and Article 11(a)

A. Conditions which may be imposed by general authorisation

1.
Financial contributions to the funding of universal service in
conformity with Directive [on universal service and users’ rights
relating to electronic communications networks and services].

Administrative charges in conformity with Article 12 of this

2.
Directive.

3.
Interoperability of services and interconnection of networks
in conformity with Directive [on access to, and interconnection of,
electronic communications networks and associated facilities.

4.
Accessibility of numbers from the national numbering plan
to end-users in conformity with Directive [on universal service and
users’ rights relating to electronic communications networks and
services].

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5.
Environmental and town and country planning requirements,
including conditions linked to the granting of access to public or
private land and conditions linked to collocation and facility sharing
in conformity with Directive [on a common regulatory framework
for electronic communications networks and services].

6. Mandatory transmission of specified radio and TV broadcasts
in conformity with Directive [on universal service and users’ rights
relating to electronic communications networks and services].

Personal data and privacy protection specific to the electronic
7.
communications
in conformity with Directive [on the
processing of personal data and the protection of privacy in the
electronic communications sector].

sector

Consumer protection rules

8.
electronic
communications sector including conditions in conformity with
Directive [on universal service and users’ rights relating to elec-
tronic communications networks and services].

to the

specific

Obligations in relation to broadcasting content, in particular
9.
those concerning the protection of minors in accordance with
Article 2(a)(2) of Council Directive 89/552/EEC of 3 October
1989 on the coordination of certain provisions laid down by law,
regulation or administrative action in Member States concerning
television broadcasting activities, as amended by
the pursuit of
Directive 97/36/EC of the European Parliament and of the Council.

Information to be provided under a notification procedure in
this Directive and for other

10.
accordance with Article 3(3) of
purposes as included in Article 11 of this Directive.

11.
Enabling of legal interception by competent national auth-
orities in conformity with Directive [on the processing of personal
data and the protection of privacy in the electronic communi-
cations sector and Directive 95/46/EC.

12.
Terms of use during major disasters to ensure communi-
cations between emergency services and authorities and broadcasts
to the general public.

Measures

13.
the
general public to electromagnetic fields caused by electronic
communications networks in accordance with Community law.

regarding the limitation of exposure of

B. Conditions which may be attached to rights of use for radio frequencies

1. Designation of service for which the frequency shall be used,
including conditions in relation to the content to be provided.

1. Designation of service for which the frequency shall be used,
including, where applicable, the exclusive use of a frequency for
the transmission of a specific content.

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2. Efficient use of frequencies in conformity with Directive [on a
common regulatory framework for electronic communications
networks and services].

Unchanged

3. Avoidance of harmful interference.

4. Maximum duration in conformity with Article 5 of

this

Directive.

5. Transfer of rights and conditions for such transfer in conformity
with Directive [on a common regulatory framework for elec-
tronic communications networks and services].

5. Transfer of rights at

the right holder and
the initiative of
conditions for such transfer in conformity with Directive [on a
common regulatory framework for electronic communications
networks and services].

6. Usage fees in accordance with Article 13 of this Directive.

Unchanged

7. Any commitments which the undertaking obtaining the usage
right has made in the course of a comparative bidding
procedure.

C. Conditions which may be attached to rights of use for numbers

1. Designation of service for which the number shall be used.

2. Efficient use of numbers in conformity with Directive [on a
common regulatory framework for electronic communications
networks and services].

3. Number portability requirements in conformity with Directive
[on universal service and users’ rights relating to electronic
communications networks and services].

4. Maximum duration in conformity with Article 5 of

this

Directive.

5. Transfer of rights and conditions for such transfer in conformity
with Directive [on a common regulatory framework for elec-
tronic communications networks and services].

6. Usage fees in accordance with Article 13 of this Directive.