| Commission Proposal
| Presidency Compromise
| Comments and Actions
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| Chapter I: Articles 1 and 2: Scope & Definitions
| Articles amended to reflect change of text following
| Continue to monitor to avoid legal conflict and reflect content of agreed Regulation
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| Chapter II: Articles 3 - 7: Single Authorisation and Coordination of Enforcement Measures
| Articles 3 - 7 deleted - potential for further discussion on commitment to review and implement a harmonised notification process is noted in accompanying EM
| Generally in line with UK policy. Risk of mandatory use of notification form to be managed as discussions progress
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| Chapter III - Section 1: Coordination of use of radio spectrum within the single market
Articles 8 - 13: Coordination of radio spectrum use (including Commission over-sight over/veto of auctions)
| Articles 8 - 9a redrafted, Articles 10 & 11 deleted and Article 12 redrafted to reflect Council's opposition to Commission veto over spectrum auctions. Also implements changes to RSPG enhancing its advisory role.
(New)Article 8a introduces 25-year minimum licence duration
(New) Article 12a to allow MS to undergo joint authorisations
Article 13 redrafted to create RSPG role in centralised scrutiny of national spectrum awards
| Removal of Commission oversight and veto fully in-line with UK policy, as is the creation of evolved roles for RSPG.
However, proposed text replicates Commission proposals but with RSPG performing that role
UK proposed and supports new Art 8a
New Art 12a viewed as unnecessary regulation
Overall, risk is improving and text heading in right direction but serious concerns remain unaddressed
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| Article 14: Access to radio local area networks;
Article 15: Deployment and operation of small-area wireless networks
Article 16: Radio spectrum coordination among Member States
| Articles 14 - 16 redrafted to reflect a range of MS comments
| UK is generally sceptical with regard to the need for these measures but some Member States believe may improve their domestic situations. Manage to ensure no negative impacts on UK. Potential will be removed as some subsidiarity concerns
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| Chapter III - Section 2: European virtual access products
Articles 17 & 18 (and Annexes I & II): introduction of wholesale access broadband products
| Articles 17 & 18 (and associated Annexes I and II) deleted - further discussion to consider a review of business need and market conditions before possible future introduction of measures
| Generally in line with UK policy ie concerns regarding inflexibility and suitability addressed by deletion and further work to establish market needs and suitability of such measures
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| Chapter IV: Harmonised rights for end-users
Article 21: Elimination of restrictions and discrimination
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Article 21 deleted
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Deletion of this Article in line with UK policy ie an unnecessary market intervention
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| Article 22: Cross border dispute resolution
| Article 22 deleted and amendments to Article 36 to effect changes via Universal Service directive
| Changes via the Universal Service Directive in line with UK policy
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| Article 23: Freedom to provide and avail of an open internet access and traffic management
Article 24: Safeguards for quality of service
| Articles 23 and 24 extensively redrafted and introduce regulation
New Article 24a places obligation on Commission to review these provisions three years after implementation of these same
| Although extensive changes to the text have been proposed, the effect remains the introduction of regulation covering 'net neutrality' and 'traffic management' - HMG policy remains one of support for self-regulation/opposition to this outcome.
Current text is seen as overly prescriptive should it be introduced and is not principles-based. Potential negative impact on IWF/parental control regimes
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| Article 25: Transparency and publication of information
Article 26: Information requirements for contracts
Article 27: Control of consumption
Article 28: Contract termination
Article 29: Bundles offers
| Articles 25 - 29 deleted and new text introduced into Article 36 to effect as: updates to the existing Universal Service directive; introduce 'minimum' harmonisation; and effect changes through existing Universal Service directive rather than stand-alone regulation. Some specific changes to text regarding some of the sub-elements to reduce burden of reporting by service providers and make information relevant to consumers
| Change to implement via the Universal Service Directive and a minimum harmonisation effect largely in-line with UK policy. Reduction of some requirements will lessen any business burden and shape same to be relevant to, and wanted by consumers
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| Chapter V: Facilitating change of providers Article 30: Switching and porting of number
| Article 30 deleted and new text introduced into Article 36 to effect same proposal via existing Universal Service directive
| UK supports changes proposed therein
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| Chapter VI - Organisational and final provisions
Article 31 - Penalties
Article 32 - Delegation of powers
| New Article 30a placing obligations on national regulatory authorities to supervise and monitor implementation of Regulation's contents.
Article 31 partially deleted to reflect deletion of Chapter II
Article 32 deleted
| New NRA obligations will help drive implementation of the changes proposed and remainder of changes in line with usual procedure
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| Article 33 - Committee procedures
Articles 34 and 35 - Amendments to Directive 2002/20/EC and Directive 2002/21/EC
| Article 33 unchanged
Articles 34 & 35 deleted to reflect deletions of preceding text
| Redrafting of text to reflect wider changes
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| Article 36 - Amendment to Directive 2002/22/EC (Universal Service directive)
| Article 36 extensively redrafted to reflect changes to, and collate same of Articles 21 - 30 as noted above
| See specific assessment Articles 21 - 30 above
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| Article 37 - Amendments to Regulation (EU) No 531/2012 (Third Roaming Regulation)
| Article 37 extensively redrafted to introduce a 'roam like at home' solution but also introduces a 'fair-use' policy based on average EU-usage rates from previous year
| UK has serious concerns with text as proposed. Although text retains introduction of a RLAH solution (nominally) by 2016, the 'staggered' fair-use policies fail to address market competition issues. Also pre-empts discussion on 'fair use'. This part of the proposal is a major departure from the text provided by UK jointly with OMS in these respects
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| Article 38 - Amendments to Regulation (EC) No 1211/2009 (BEREC Regulation)
| Article 38 deleted
| Deletion in line with UK policy - no support for chances to BEREC's governance
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| EEA-States sponsored amendment
| EEA states are sponsoring a change to the BEREC Regulation to change their status from 'observer' to 'member with no voting rights'
| Current understanding is that this amendment is to address a conflict driven by Norway's constitution that prevents BEREC opinions being legally considered in Norway. There remain a number of unknowns but could address a single market issue
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| Article 39 - Review Clause
| Article 39 unchanged and introduction of new Article 39a to manage implementation processes for observation by Member States
| New Art 39a text is standard for such processes
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| Article 40 - Entry into force
| Amendments to Article 40 to reflect Regulation coming into force 20 days after publication in the OJEU except Articles 21 to 30 from 1st July 2016 (ie 18 months to implement directive changes)
| 18 months is usual implementation period. Risk some Member States may take longer cf. 2009 Framework implementation delays
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