New FW Agreed

Tom Young

As some will have heard, the new Telecoms Package was agreed last night.

The agreed wording concerning users’ rights is as follows:

The new Internet Freedom Provision

Article 1(3)a of the new Framework Directive

“Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.

Any of these measures regarding end-users’ access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law, including effective judicial review and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms . The right to an effective and timely judicial review shall be guaranteed.”

Other provisions that will now come into force when the package is adopted include:

Next generation access: Technological neutrality on rules for ‘local loop unbundling’ thereby implying that fibre loops should be unbundled where dominance is found in the relevant market (Annex II Access Directive). NRAs are also required to ensure that investment risks are taken into account for any access obligation and that they permit ‘various co-operative arrangements between investors and access-seeking parties’. The Commission expects to issue a Recommendation on next generation access issues in the first half of 2010.


Functional separation: A new power for regulators to mandate functional separation if there is evidence that other remedies have failed to achieve competition


Decision powers for European Commission: Powers for the Commission to issue a binding harmonising ‘Decision’ (article 19 Framework Directive) if a Recommendation is not followed. Enhanced ‘article 7’ powers for the Commission together with BEREC (see below) to intervene when a national regulator adopts a poorly justified market analysis although there is still no veto over remedies - the veto may only be used if the Commission with the agreement of BEREC conclude that there is an incorrect market definition or SMP designation. Incorrect application of remedies may only be subject to a Commission Recommendation.


New body for European Regulators (BEREC): A new body for European regulators called BEREC is established. This will replace and formalise the existing ERG. BEREC will play a formal role in advising the Commission on article 7 proceedings, Recommendations and Decisions.


Net neutrality: Regulators will have the power to set minimum quality of service standards if there is unreasonable degradation of services beyond normal network management processes.


Number portability: Consumers are given the right to port telephone numbers within 1 day.


The entire package should enter into force by early 2010. BEREC should be established by Spring 2010 and Member States will be required to transpose the revised Framework by May 2011.



The Commission’s press release is available at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/491&format=HTML&aged=0&language=EN&guiLanguage=en.

bealtine

Tom Young wrote: »

As some will have heard, the new Telecoms Package was agreed last night.

http://www.iptegrity.com/index.php?option=com_content&task=view&id=431&Itemid=9

Sponge Bob

Looks like 3 Ireland are in a spot of bother so

"Broadband means an always-on internet connection with a bandwidth capacity of at least 144 kilobits per second

watty

Seriously dumbed down at that as 144kps is Narrowband,

No Mobile Operator gives always on via 3G/HSPA, thus speed can be zero.

Minimum speed if it connects at cell edge is 120kbps for only one user connected. Obviously slower if more than one person.

Double Fail.

cgarvey

Sponge Bob wrote: »

Looks like 3 Ireland are in a spot of bother so

My reading of it is that they'll be fine. The keyword is capacity, unfortunately. All of 3's network has the capacity to deliver 144Kbps. The definition doesn't mention anything about minimum/guaranteed bandwidth, just the capacity.

watty

Surely the number of people counts?

If there are 20 simultaneous users the capacity per user is under 100kbps.

Or in fact is this definition actually meaningless?

Sponge Bob

It means that absent LTE and NxMIMO they will have to stop calling it broadband I should think .

The Directives are not written yet I think, those are heads of agreement between commission and parliament .

And there shall be consultations , oooooooh yeah

cgarvey

watty wrote: »

Or in fact is this definition actually meaningless?

That is my reading of it, certainly!