European Law Report - Telecoms reform
The legislative plans proposed by the European Commission in 2007 regarding the reform of the telecommunications regulatory framework in the EU has been recently substituted by new proposals that are more toned down than the initial ones. This new...
The legislative plans proposed by the European Commission in 2007 regarding the reform of the telecommunications regulatory framework in the EU has been recently substituted by new proposals that are more toned down than the initial ones.
This new reform package takes into account the European Parliament vote of September 24, 2008 and the ongoing discussions in the Council, both favouring a slimmed-down regulatory structure for the European telecoms sector.
Originally the Commission had proposed an EU-wide telecommunications agency that would act as a European telecoms regulator. The Commission's plans envisaged a telecommunications agency with power over national authorities. Facing severe opposition from the EU Parliament and Council, the Commission scaled back its plans and has now proposed an agency substantially smaller in size and competences.
This new, small and independent office for Europe's telecoms regulators is intended to assist the Commission to bring about more consistency to regulatory measures on Europe's telecoms markets. The agency will focus on telecoms regulation and will be formed by independent national regulators and its staff seconded by national regulators.
This means that primary responsibility will be left with national authorities, as opposed to the original proposals which envisaged a centralised super-regulator at EU level. National authorities will thus maintain a central role. The EU agency will be more a coordinator rather than a regulator to be known as the Body of European Regulators in Telecoms. This body would have no authority over network security and the allocation of spectrum.
One of the main focuses of the Commission's proposal is enhanced consumer rights, with more transparency and better information. The proposal also suggests measures to make pricing systems clearer and would make it possible for mobile phone customers customers to retain their old numbers when they switch to another service provider. Mobile-phone operators would be obliged to provide customers with clearer contracts and would not be able to lock customers into a contract for more than 24 months. In addition, telecom operators would be obliged to tell customers of any breaches of security that could pose a risk to private data.
Moreover, 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. This new amendment, suggested by Parliament, is in line with the Charter of Fundamental Rights of the European Union on freedom of expression and information. This amendment is an important restatement of key legal principles of the Community legal order, especially of citizens' fundamental rights.
The new regulatory framework is expected to become law in all 27 EU member states by 2010. The proposed rules are intended to create a strong and competitive single telecoms market without borders in the EU which favour cross-border services, competition and investment in Europe by creating a level playing field for telecoms operators, enhancing legal certainty, and broadening consumer choice.
Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.
This new reform package takes into account the European Parliament vote of September 24, 2008 and the ongoing discussions in the Council, both favouring a slimmed-down regulatory structure for the European telecoms sector.
Originally the Commission had proposed an EU-wide telecommunications agency that would act as a European telecoms regulator. The Commission's plans envisaged a telecommunications agency with power over national authorities. Facing severe opposition from the EU Parliament and Council, the Commission scaled back its plans and has now proposed an agency substantially smaller in size and competences.
This new, small and independent office for Europe's telecoms regulators is intended to assist the Commission to bring about more consistency to regulatory measures on Europe's telecoms markets. The agency will focus on telecoms regulation and will be formed by independent national regulators and its staff seconded by national regulators.
This means that primary responsibility will be left with national authorities, as opposed to the original proposals which envisaged a centralised super-regulator at EU level. National authorities will thus maintain a central role. The EU agency will be more a coordinator rather than a regulator to be known as the Body of European Regulators in Telecoms. This body would have no authority over network security and the allocation of spectrum.
One of the main focuses of the Commission's proposal is enhanced consumer rights, with more transparency and better information. The proposal also suggests measures to make pricing systems clearer and would make it possible for mobile phone customers customers to retain their old numbers when they switch to another service provider. Mobile-phone operators would be obliged to provide customers with clearer contracts and would not be able to lock customers into a contract for more than 24 months. In addition, telecom operators would be obliged to tell customers of any breaches of security that could pose a risk to private data.
Moreover, 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. This new amendment, suggested by Parliament, is in line with the Charter of Fundamental Rights of the European Union on freedom of expression and information. This amendment is an important restatement of key legal principles of the Community legal order, especially of citizens' fundamental rights.
The new regulatory framework is expected to become law in all 27 EU member states by 2010. The proposed rules are intended to create a strong and competitive single telecoms market without borders in the EU which favour cross-border services, competition and investment in Europe by creating a level playing field for telecoms operators, enhancing legal certainty, and broadening consumer choice.
Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.