Net neutrality clause stalls telecoms reform

 

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By Stuart Turton

Posted on 8 May 2009 at 14:46

The European Parliament has admitted that its far-reaching telecoms reform package could be delayed due to the last-minute addition of a clause guaranteeing net neutrality.

The original draft legislation promised to introduce a new European-wide super regulator, rules governing radio spectrum use, and policies ensuring transferring telephone numbers between operators took no more than a day.

The legislation was agreed in principal with The Council of Telecoms Ministers, which has the final say, but MEPs have now introduced a last minute clause ensuring 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".

In other words, web users can't be kicked off their connections without a court's approval. The clause is considered a direct rebuke to the "three strikes" law that is being considered in the French Parliament.

The Council of Telecoms Ministers will meet in mid-June to make its final decision on the telecoms reforms, but is openly sceptical about net neutrality. This has prompted the European Parliament to acknowledge the entire bill is likely to be delayed.

"By amending an informal agreement reached with [the] Council, MEPs send the whole 'telecom package' to conciliation," says the statement. "The EP does, however, agree with the Council on investments in new communications infrastructure, the reform of radio spectrum use, clear consumer rights and privacy protection."

The European Parliament claims a fresh round of negotiations could begin after the next European elections. This would likely delay the implementation of the redrafted reforms until 2010.