Telecoms Package
Encyclopedia
The Telecoms Reform Package (COM (2007) 697, COD/2007/0247) is a law of the European Union
, aimed at updating the EU Telecoms Rules of 2002 and unifying Europe's tele-communications market for all 27 EU member states. It was presented by Commissioner Viviane Reding
to the European Parliament
in Strasbourg 13 November 2007; after several amendments it was passed into law on 24 November 2009.
The law creates a new agency called Body of European Regulators of Electronic Communications
(BERC) overseeing telecom regulation in the member states. It also allows member states to set minimum quality levels for network transmission services, thus partially implementing net neutrality. The law allows member states to disconnect internet users for illegally downloading copyrighted material, but only if "there has been a prior, fair and impartial procedure and effective and timely judicial review". Consumers gain the right to switch phone operators within one day while keeping their number, the right to sign 12 month contracts, and the right to be notified of certain data privacy breaches.
The package entered into force in December 2009, after which member states had 18 months to implement its provisions in national law.
On September 28, 2009, the conciliation committee have their first meeting in a third reading. In an Open Letter to the European Parliament
26 leading Internet civil society organizations called on the Members of the Parliament to take decisive action during the ongoing negotiation of the Telecoms Package in order to guarantee a free, open and innovative Internet, and to safeguard the fundamental freedoms of European citizens and a Petition
was set up in reaction to the statement of Network neutrality in the United States
made on 21 September by FCC
Chairman Julius Genachowski.
After the French representatives had been demanding the withdrawal of Amendment 138, the Committee on Industry, Research and Energy (ITRE)
took a vote on the by then renumbered Amendment 46 on 21 April 2009, on the basis of an offered compromise by the committee's chairwoman Catherine Trautmann
which would soften the intended ban to a mere Recital which only constitutes a recommendation for the implementation into national law.
However, the ITRE voted in favour of Amendment 46 by a majority of 40 against 4 (2 abstentions), accepting the text of the Draft Recommendation for Second Reading:
During the second reading on May 5, by a majority of 404 to 56, the European Parliament voted in favor of this amendment. Because the Council of Telecoms Ministers, which is known to oppose the amendment, has to approve the package, the Parliament expects the entire package to be delayed. If an agreement cannot be reached before the end of May, negotiations will likely start after the election of a new Parliament, when a new Council Presidency is in place. In that case, the implementation of the package will likely be delayed to 2010.
s (ISP) to decide which web pages users are allowed to visit, potentially limiting access to websites critical of the ISP or the government. ISPs would then sell internet packages, similar to TV packages, allowing access to a limited number of websites. Critics claim this will limit freedom of speech on the Internet.
In April 2008, these criticisms appeared to be borne out by the actions of Virgin Media
, when their CEO, Neil Berkett, said that "This net neutrality thing is a load of bollocks," and that Virgin was in talks with certain content providers about paying to have their content delivered faster than others. Less than a week later, Virgin Media acted to limit any potential damage made by their CEO's disclosure.
, which was responsible for drafting the Council's changes to the Telecoms Package on the second reading, left Brussels for a new job with AT&T (External Affairs Director).
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, aimed at updating the EU Telecoms Rules of 2002 and unifying Europe's tele-communications market for all 27 EU member states. It was presented by Commissioner Viviane Reding
Viviane Reding
Viviane Reding is a Luxembourgian politician, currently serving as European Commissioner for Justice, Fundamental Rights and Citizenship. Before starting a professional career as a journalist for the leading newspaper in Luxembourg, the Luxemburger Wort, she obtained a doctorate in human sciences...
to the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
in Strasbourg 13 November 2007; after several amendments it was passed into law on 24 November 2009.
The law creates a new agency called Body of European Regulators of Electronic Communications
Body of European Regulators of Electronic Communications
The Body of European Regulators of Electronic Communications is the regulating agency of the telecommunication market in the European Union. It was created by the Telecoms Package which was passed in September 2009....
(BERC) overseeing telecom regulation in the member states. It also allows member states to set minimum quality levels for network transmission services, thus partially implementing net neutrality. The law allows member states to disconnect internet users for illegally downloading copyrighted material, but only if "there has been a prior, fair and impartial procedure and effective and timely judicial review". Consumers gain the right to switch phone operators within one day while keeping their number, the right to sign 12 month contracts, and the right to be notified of certain data privacy breaches.
The package entered into force in December 2009, after which member states had 18 months to implement its provisions in national law.
Legislative history
In the European Parliaments first reading on 24 September 2008 a number of amendments were carried to uphold user's rights and judicial authority as the highest instance deciding on sanctions against users. In the second reading, on May 5, 2009, a majority of the European Parliament voted to amend the package once again, making it illegal for governments to disconnect internet users based on suspected copyright violations until they are proven guilty in court. , this vote may delay the adoption of the package if an agreement cannot be reached before the end of May.On September 28, 2009, the conciliation committee have their first meeting in a third reading. In an Open Letter to the European Parliament
26 leading Internet civil society organizations called on the Members of the Parliament to take decisive action during the ongoing negotiation of the Telecoms Package in order to guarantee a free, open and innovative Internet, and to safeguard the fundamental freedoms of European citizens and a Petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
was set up in reaction to the statement of Network neutrality in the United States
Network neutrality in the United States
Network neutrality in the United States is a hotly debated issue subject to regulatory and judicial contention among network users and access providers...
made on 21 September by FCC
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
Chairman Julius Genachowski.
Amendment 46 (previously 138)
In April 2009, civil organisations drew attention to the potential dropping of Amendment 46 to the EU Telecoms Package, which was first approved as Amendment 138 by the European Parliament in the first reading on 24 September 2008.After the French representatives had been demanding the withdrawal of Amendment 138, the Committee on Industry, Research and Energy (ITRE)
Committee on Industry, Research and Energy
The Committee on Industry, Research and Energy is a committee of the European Parliament. Its areas of responsibility relate to industry, especially technology-intensive manufacturing, information technology, and telecommunications. It also coordinates European space policy, and as such, has ties...
took a vote on the by then renumbered Amendment 46 on 21 April 2009, on the basis of an offered compromise by the committee's chairwoman Catherine Trautmann
Catherine Trautmann
Catherine Trautmann is a former Minister of Culture of France and now Member of the European Parliament for the East of France.She was elected as mayor of Strasbourg in 1989, re-elected in 1995, then defeated in 2001....
which would soften the intended ban to a mere Recital which only constitutes a recommendation for the implementation into national law.
However, the ITRE voted in favour of Amendment 46 by a majority of 40 against 4 (2 abstentions), accepting the text of the Draft Recommendation for Second Reading:
(fb) in paragraph 4, point (fb) shall be
added:
“(fb) applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent.”
During the second reading on May 5, by a majority of 404 to 56, the European Parliament voted in favor of this amendment. Because the Council of Telecoms Ministers, which is known to oppose the amendment, has to approve the package, the Parliament expects the entire package to be delayed. If an agreement cannot be reached before the end of May, negotiations will likely start after the election of a new Parliament, when a new Council Presidency is in place. In that case, the implementation of the package will likely be delayed to 2010.
Internet screening
The proposition also makes it possible for Internet service providerInternet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
s (ISP) to decide which web pages users are allowed to visit, potentially limiting access to websites critical of the ISP or the government. ISPs would then sell internet packages, similar to TV packages, allowing access to a limited number of websites. Critics claim this will limit freedom of speech on the Internet.
In April 2008, these criticisms appeared to be borne out by the actions of Virgin Media
Virgin Media
Virgin Media Inc. is a company which provides fixed and mobile telephone, television and broadband internet services to businesses and consumers in the United Kingdom...
, when their CEO, Neil Berkett, said that "This net neutrality thing is a load of bollocks," and that Virgin was in talks with certain content providers about paying to have their content delivered faster than others. Less than a week later, Virgin Media acted to limit any potential damage made by their CEO's disclosure.
Lobbyists
The Telecoms Package received great attention from many US companies, notably AT&T and Verizon, but also from different advocacy groups. Filip Svab, chairman of the "Telecom Working Group" of the Council of the European UnionCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, which was responsible for drafting the Council's changes to the Telecoms Package on the second reading, left Brussels for a new job with AT&T (External Affairs Director).
See also
- Body of European Regulators of Electronic CommunicationsBody of European Regulators of Electronic CommunicationsThe Body of European Regulators of Electronic Communications is the regulating agency of the telecommunication market in the European Union. It was created by the Telecoms Package which was passed in September 2009....
(BEREC) - Regulation on roaming charges in the European Union