MEPs reach compromise on telecoms reform package

bealtine

MEPs reach compromise on telecoms reform package Wednesday 22 April 2009

An EU parliamentary committee has agreed several key components of the telecoms reform package with member states, but the two parties remain at odds over proposals to allow ISPs to block internet access for customers active in illegal file-sharing. The Industry Committee agreed with the EU Council on proposals to reform radio spectrum planning and set up a new EU telecoms regulatory agency called BEREC. However, the MEPs continued to oppose proposals for allowing ISPs to block a user's internet access. The Industry Committee reverted to its earlier position on the matter and voted in favour of an amendment that "no restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities (...) save when public security is threatened". Negotiations between MEPs and the Czech Presidency of the EU to reach an agreement on this issue as well as proposed consumer protection legislation will continue ahead of an expected full parliament vote early next month.

Under the legislation approved by the committee, national regulators will have to take "utmost account" of any "serious doubts" expressed by the commission and the new EU regulator BEREC. In that case, BEREC, the commission and the national regulator should cooperate closely in identifying "the most appropriate and effective measure" before the national regulator adopts the remedy. The heads of the 27 national regulators and a European Commission representative will form the board of the new EU regulator. BEREC will advise the Commission, and upon request the European Parliament and the Council, and adopt any opinions based on a two-thirds majority. BEREC's office will be funded by subsidies from the Community budget and voluntary financial contributions from member states or their national regulatory authorities.

The approved text also enables a national regulator to require an incumbent operator to separate its network infrastructure from the units offering services over the network. Seen as an "exceptional measure", functional separation should only be implemented when any other regulatory tools have failed to achieve effective competition. For next-generation broadband networks, the MEPS also agreed that in future a dominant operator can be obliged to open the use of "network elements and associated facilities" such as building wiring (including inside buildings), masts, antennae, towers and conduits to competitors. Any access obligation imposed by national regulators will have to take "appropriate account of the risk incurred by the investing undertakings" and should allow for "cooperative agreements between investors and access seeking parties" to diversify investment risks, according to the approved text.

On spectrum reform, the committee approved plans for the Commission to table a legislative proposal for a multiannual radio spectrum action programme. The reform of the telecoms regulatory framework would introduce service and technology neutrality as binding principles for spectrum use.



Further analysis :
http://www.iptegrity.com/index.php?option=com_content&task=view&id=321&Itemid=9

Thomas from Presence

The approved text also enables a national regulator to require an incumbent operator to separate its network infrastructure from the units offering services over the network. Seen as an "exceptional measure", functional separation should only be implemented when any other regulatory tools have failed to achieve effective competition. For next-generation broadband networks, the MEPS also agreed that in future a dominant operator can be obliged to open the use of "network elements and associated facilities" such as building wiring (including inside buildings), masts, antennae, towers and conduits to competitors. Any access obligation imposed by national regulators will have to take "appropriate account of the risk incurred by the investing undertakings" and should allow for "cooperative agreements between investors and access seeking parties" to diversify investment risks, according to the approved text.

That's potentially good news. Where did you source it from? Thanks for sharing.

bealtine

Thomas from Presence wrote: »

That's potentially good news. Where did you source it from? Thanks for sharing.

Through the Blackouteurope.eu network.
One nasty piece of legislation brought down only a few more to go.


Here's some more on it:
Eva-Britt Svensson, Member of GUE/NGL

The European Parliament will vote on the so called Telecoms Package
during its May session. MEP Eva-Britt Svensson will together with her
colleagues in the party group GUE/NGL table a number of Citizens' Rights
Amendments", which aim at protecting citizens' rights on the Internet.

The amendments restore the fundamental principles the European
Parliament adopted with a wide a majority in the First Reading in
September 2008. (Svensson tabled "Amendment 166"). They are divided in
three parts and will be tabled for the second reading the 5th of May.
The last day to table amendments is the 29th of April but she has
choosen to publish them now to clarify that there is a lot more that has
to be dealt with than what the famous amendments 166 and 138 achieve.
She wants to make sure that the Internet is not transformed into a
Cable-TV-Internet -- which would mean that Internet offerings will
evolve towards sets of pre-choosen content and services which will then
be sold to us citizens, instead of us being able to choose for ourselves.

We who love the Internet say that "Users rights" are defined by what we
use our subscription for, says Eva-Britt Svensson (Swedish Left party),
MEP. We do not want to be reduced into consumers so that our rights just
constitute what is explicitly permitted in the subscription agreement.
Unfortunately, both the Council's Common Position and the amendments
that have been proposed in the trialogues, open up for this development.

We want to be citizens on the Internet, not just customers or consumers.

The amendments by Ms. Svensson can be found here:
Part 1
http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_I).pdf
<http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_I).pdf&gt;
Part 2
http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_II).pdf
<http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_II).pdf&gt;
Part 3
http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_III).pdf
<http://www.erikjosefsson.eu/sites/default/files/Citizens_Rights_Amendments_(Part_III).pdf&gt;


Check here also:
http://www.iptegrity.com/index.php?option=com_content&task=view&id=321&Itemid=9

bealtine

http://www.iptegrity.com/index.php?option=com_content&task=view&id=322&Itemid=9

bealtine

Further to my last post this was brought to my attention.

http://www.laquadrature.net/wiki/Telecoms_package_directives_1st_reading_IE

and various pages on that site which clearly show what our elected representatives are actually up to
over there in Europe.

I hope you thank them for standing up for your rights in June...
(very few did) You can ask them all about it yourselves.

The only one that seems to have done anything useful was Kathy Sinnott.

Most of the rest couldn't be bothered to respond to their emails.
Those that did reply just replied with cheesy standard letters.

Of those that did reply only two of them seemed to understand the issues the rest had no idea at all.

Elections coming up in June, laquadrature will be watching.

Tom Young

Sounds like the main lobby's are getting good traction - which is great. I'd note that the bulk of the issues affecting Ireland are not mentioned above, regarding the new package.

There is a short EU consultation due on NGA coming along which is something that apparently the German's want a Regulatory Holiday on and have discussed with Barosso. Time for a McCreevey intervention.

Tom