Final Decision on EU Telecom Package Delayed to 2010
EU lawmakers Wednesday blocked an overhaul of Europe’s e-communications rules over fears that it could allow Internet-access cutoffs without court orders. By an overwhelming majority, the European Parliament adopted a measure called Amendment 138/46 instead of a compromise text agreed on by government and parliamentary representatives. The action means that the telecom package must go to conciliation, pushing off a final decision until February or later, an Industry Committee spokeswoman said.
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Members reinstated, 407-57, language rejected by governments to bar any restrictions on users’ fundamental rights and liberties “without a prior ruling by the judicial authorities … save when public security is threatened.” Several political groups asked the chamber’s president to switch the voting order of the compromise text and amendment 138/46. She agreed, over the strong objection of the report’s author, saying Internet access cut-off is so important to the Parliament and beyond that it should be voted on first.
The European Commission tried to make the best of the situation, saying the Parliament strongly endorsed all the other main proposals, including the creation of a new regulatory authority, the Body of European Regulators in Electronic Communications, and updated rules on e-privacy, universal service, spectrum management and the overall regulatory framework. The ball is now in the Council’s court to decide whether to accept the package, said Viviane Reding, the information society and media commissioner.
The controversial amendment wasn’t in the initial deal between the three EU institutions, but for many is “of very high symbolic and political value,” Reding said. She urged governments to “assess the situation very carefully in light of the importance of the telecoms reform.” A Council meeting June 12 should be used for political discussion on whether agreement is possible or work must start over when the new Parliament is seated this fall, she said.
Network operators said the vote was highly regrettable, but they agreed that no action should be taken against Internet users without a court order. Delaying the regulatory revamp will add to uncertainty for telecom companies, said European Telecommunications Network Operators’ Association Director Michael Bartholomew.
The vote is the death blow to French President Nicolas Sarkozy’s planned “three-strikes” approach to online copyright piracy, said digital rights activists at La Quadrature du Net. La Quadrature urged Internet users to be vigilant as states begin adopting the final package into national law.
The package doesn’t address net neutrality, parliamentary officials said later. Limitations imposed by providers on access to or the use of services, applications or equipment depend on national law and aren’t affected by the reform package, they said. But the proposed directive on universal services and users’ rights does aim to boost the quality of publicly available services by introducing a “minimum quality of service requirement” that lets operators act to prevent service deterioration, they said. But the compromise requires that consumers be aware of any restrictions and be allowed to decide what content they want -- and which services and applications they want to use to obtain the content -- without prejudice to the need to protect network integrity and security, Parliament said.
Rejection of the graduated response concept sends an important signal to consumers before the parliamentary elections, the European Consumers’ Organization said. Although consumers won’t get the benefit of the package’s new rules on number portability and other rights immediately, the organization said, its main concern was killing graduated response.