On 21 Mar, 2014, at 09:19, Innocenzo Genna <[email protected]> wrote:
> There is time until next Wednesday to table amendments (but you have to > convince a MEP to do it). I agree. But that is obviously difficult. First agree on an amendment. Then convince an MEP. And then a lot more MEPs have to be convinced to vote. That will take more than technical arguments. > However, at this stage is much easier to suggest rejection of the entire text > than proposing amendments. That offers more possibilities and easier arguments. Even almost contradictory arguments could help. But things still have to be done before Wednesday. > Even if this text is approved by the Parliament on April 3rd, then it must be > approved by the Council, and this will take various time. We can provide > technical assistance also at that stage (basically, the Italian Presidency > will be key). But that then is an inter-institutional negotiation. The Council has already had discussions on the text I suspect. The MS tend not to sit on their hands waiting for Parliament. Anyone any information on what is happening in Council? By the way the job of anyone in such a negotiation is obviously to first of all defend the adopted position. You cannot expect a Commissioner or a Commission official to go simply against or change a position adopted by the Commission. Similarly you cannot expect those from the Parliament to go against what the Parliament has agreed.t > For your info, please find the entire chapter on net neutrality (for me the > big problem is art. 23,5 - because it allows price discrimination): Thank you for the text below. To be clear: this the text you expect will be voted on? Gordon > 140221 > > CA 4A > Open internet > > The CA covers Art 2(14)-(15), Arts 23-24, Art 30a and recitals 45-51. All > relevant AMs, including AMs 108, 322, 340, 345-346, 32, 227-228, 248, 263, > 249-251, CULT 18, 20, 22-23, 2, LIBE 10, 13, 1, JURI 8 and all AMs to Art > 2(14)-(15), Art 23 Title, Arts 23-24, and recitals 45-51, fall. > > > > Recitals > > (45) The internet has developed over the past decades as an open platform for > innovation with low access barriers for end-users, content and application > providers and internet service providers. The principle of “net neutrality” > in the open internet means that traffic should be treated equally, without > discrimination, restriction or interference, independent of the sender, > receiver, type, content, device, service or application. As stated by the > European Parliament resolution of 17 November 2011 on the open internet and > net neutrality in Europe 2011/2866, the internet's open character has been a > key driver of competitiveness, economic growth, social development and > innovation – which has led to spectacular levels of development in online > applications, content and services – and thus of growth in the offer of, and > demand for, content and services, and has made it a vitally important > accelerator in the free circulation of knowledge, ideas and information, > including in countries where access to independent media is limited. The > existing regulatory framework aims at promoting the ability of end-users to > access and distribute information or run applications and services of their > choice. Recently, however, the report of the Body of European Regulators for > Electronic Communications (BEREC) on traffic management practices published > in May 2012 and a study, commissioned by the Executive Agency for Consumers > and Health and published in December 2012, on the functioning of the market > of internet access and provision from a consumer perspective, showed that a > significant number of end-users are affected by traffic management practices > which block or slow down specific applications. These tendencies require > clear rules at the Union level to maintain the open internet and to avoid > fragmentation of the single market resulting from individual Member States' > measures. > > (46) The freedom of end-users to access and distribute information and > (deletion) content, run applications and use services of their choice is > subject to the respect of Union and compatible national law. This Regulation > defines the limits for any restrictions to this freedom by providers of > electronic communications to the public but is without prejudice to other > Union legislation. > > (47) In an open internet, providers of internet access services should, > within contractually agreed limits on data volumes and speeds for internet > access services, not block, slow down, degrade or discriminate against > specific content, applications or services or specific classes thereof except > for a limited number of (deletion) traffic management measures. Such measures > should be technically necessary, transparent, proportionate and > non-discriminatory. Addressing network congestion should be allowed provided > that network congestion occurs only temporarily or in exceptional > circumstances. National Regulatory Authorities should be able to require that > a provider demonstrates that equal treatment of traffic will be substantially > less efficient. > > (48) Volume-based tariffs should be considered compatible with the principle > of an open internet as long as they allow end-users to choose the tariff > corresponding to their normal data consumption based on clear, transparent > and explicit information about the conditions and implications of such > choice. At the same time, such tariffs should enable providers of internet > access services to better adapt network capacities to expected data volumes. > It is essential that end-users are fully informed before agreeing to any data > volume or speed limitations and the tariffs applicable, that they can > continuously monitor their consumption and easily acquire extensions of the > available data volumes if desired. > > (49) It should be possible to meet end-user demand for services and > applications requiring an enhanced level of assured service quality > (deletion). Such services may comprise inter alia broadcasting, > video-conferencing and certain health applications. End-users should > therefore also be free to conclude agreements on the provision of specialised > services with an enhanced quality of service with either providers of > internet access services, providers of electronic communications to the > public or providers of content, applications or services. Where such > agreements are concluded with the provider of internet access, that provider > should ensure that the enhanced quality service does not cause material > detriment to the general quality of internet access. Furthermore, traffic > management measures should not be applied in such a way as to discriminate > between competing services. > > (50) In addition, there is demand on the part of content, applications and > services providers, for the provision of transmission services based on > flexible quality parameters, including lower levels of priority for traffic > which is not time-sensitive. The possibility for content, applications and > service providers to negotiate such flexible quality of service levels with > providers of electronic communications (deletion) may also be necessary for > the provision of certain services such as machine-to-machine (M2M) > communications. (deletion) Providers of content, applications and services > and providers of electronic communications (deletion) should therefore > continue to be free to conclude specialised services agreements on defined > levels of quality of service as long as such agreements do not impair the > general quality of internet access service. > > (51) National regulatory authorities play an essential role in ensuring that > end-users are effectively able to exercise this freedom to avail of open > internet access. To this end national regulatory authorities should have > monitoring and reporting obligations, and ensure compliance of providers of > internet access services, other providers of electronic communications and > other service providers and the availability of non-discriminatory internet > access services of high quality which are not impaired by specialised > services. In their assessment of a possible general impairment of internet > access services, national regulatory authorities should take account of > quality parameters such as timing and reliability parameters (latency, > jitter, packet loss), levels and effects of congestion in the network, actual > versus advertised speeds, performance of internet access services compared > with enhanced quality services, and quality as perceived by end-users. > National regulatory authorities should establish complaint procedures > providing effective, simple and readily available redress mechanisms for end > users and be empowered to impose minimum quality of service requirements on > all or individual providers of internet access services, other providers of > electronic communications and other service providers if this is necessary to > prevent general impairment/degradation of the quality of service of internet > access services. > > > > Articles > > Article 2 – Definitions > > (14) “internet access service” means a publicly available electronic > communications service that provides connectivity to the internet, and > thereby connectivity between virtually all end points of the internet, > irrespective of the network technologies or terminal equipment used; > > (15) “specialised service” means an electronic communications service > optimised for specific content, applications or services, or a combination > thereof, provided over logically distinct capacity and relying on strict > admission control with a view to ensuring enhanced quality from end to end > and that is not marketed or usable as a substitute for internet access > service; > > > Article 23 - Freedom to provide and avail of open internet access, and > reasonable traffic management > > 1. End-users shall be free to access and distribute information and content, > run and provide applications and services and use terminals of their choice, > irrespective of the end-user’s or provider’s location or the location, origin > or destination of the service, information or content, via their internet > access service. > > [2nd subpar deleted] > > 2. Providers of internet access, of electronic communications to the public > and providers of content, applications and services shall be free to offer > specialised services to end-users. Such services shall only be offered if the > network capacity is sufficient to provide them in addition to internet access > services and they are not to the material detriment of the availability or > quality of internet access services. Providers of internet access to > end-users shall not discriminate between such services. > > [2nd subpar deleted] > > 3. This Article is without prejudice to Union or national legislation related > to the lawfulness of the information, content, application or services > transmitted. > > 4. End-users shall be provided with complete information in accordance with > Article 20(2), Article 21(3) and Article 21a of Directive 2002/22/EC, > including information on any (deletion) traffic management measures applied > that might affect access to and distribution of information, content, > applications and services as specified in paragraphs 1 and 2 of this > Article.[1] > > 5. Within the limits of any contractually agreed data volumes or speeds for > internet access services, providers of internet access services shall not > restrict the freedoms provided for in paragraph 1 by blocking, slowing down, > altering or degrading specific content, applications or services, or specific > classes thereof, except in cases where it is necessary to apply (deletion) > traffic management measures. Traffic management measures shall be > transparent, non-discriminatory, proportionate and necessary to: > > a) implement (deletion) a court order (deletion); > > b) preserve the integrity and security of the network, services provided via > this network, and the end-users' terminals; > > d) prevent or mitigate the effects of temporary or exceptional network > congestion provided that equivalent types of traffic are treated equally. > > Traffic management measures shall not be maintained longer than necessary.[2] > > Without prejudice to Directive 95/46, traffic management measures shall only > entail such processing of personal data that is necessary and proportionate > to achieve the purposes set out in this paragraph, and shall also be subject > to Directive 2002/58, in particular with respect to confidentiality of > communications. > > Providers of internet access services shall put in place appropriate, clear, > open and efficient procedures aimed at addressing complaints alleging > breaches of this Article. Such procedures shall be without prejudice to the > end-users right to refer the matter to the national regulatory authority. > > Article 24 - Safeguards for quality of service > > 1. In exercising their powers under Article 30a with respect to Article 23, > national regulatory authorities shall closely monitor compliance with Article > 23(5) and the continued availability of non-discriminatory internet access > services at levels of quality that reflect advances in technology. They > shall, in cooperation with other competent national authorities, also monitor > the effects on cultural diversity and innovation. National regulatory > authorities shall publish reports on an annual basis regarding their > monitoring and findings, and provide those reports to the Commission and > BEREC. > > 2. In order to prevent the general impairment of quality of service for > internet access services or to safeguard the ability of end-users to access > and distribute content or information or to run applications, services and > software of their choice, national regulatory authorities shall have the > power to impose minimum quality of service requirements, and where > appropriate, other quality of service parameters, as defined by the national > regulatory authorities, on providers of electronic communications to the > public. > > National regulatory authorities shall, in good time before imposing any such > requirements, provide the Commission with a summary of the grounds for > action, the envisaged requirements and the proposed course of action. This > information shall also be made available to BEREC. The Commission may, having > examined such information, make comments or recommendations thereupon, in > particular to ensure that the envisaged requirements do not adversely affect > the functioning of the internal market. National regulatory authorities shall > take the utmost account of the Commission’s comments or recommendations and > shall communicate the adopted requirements to the Commission and BEREC.[3] > > 3. Within six months of adoption of this regulation, BEREC shall, after > consulting stakeholders and in close cooperation with the Commission, lay > down general guidelines defining uniform conditions for the implementation of > the obligations of national competent authorities under this Article, > including with respect to the application of traffic management measures and > for monitoring of compliance. > > > Article 24a – Review > > The Commission shall, in close cooperation with BEREC, review the functioning > of the provisions on specialised services and, after a public consultation, > shall report and submit any appropriate proposals to the European Parliament > and the Council by [insert date three years after the date of applicability > of this regulation]. > > Article 30a > > Supervision and enforcement > > 1. National regulatory authorities shall have the necessary resources to > monitor and supervise compliance with this Regulation within their > territories. > > 2. National regulatory authorities shall make up-to-date information on the > application of this Regulation publicly available in a manner that enables > interested parties to have easy access to it. > > 3. National regulatory authorities shall have the power to require > undertakings subject to obligations under this Regulation to supply all > information relevant to the implementation and enforcement of this > Regulation. Those undertakings shall provide such information promptly on > request and in accordance with time limits and the level of detail required > by the national regulatory authority. > > 4. National regulatory authorities may intervene on their own initiative in > order to ensure compliance with this Regulation. > > 5. National regulatory authorities shall put in place appropriate, clear, > open and efficient procedures to address complaints alleging breaches of > Article 23. National regulatory authorities shall respond to complaints > without undue delay. > > 6. Where a national regulatory authority finds that a breach of the > obligations set out in this Regulation has occurred, it shall require the > immediate cessation of such a breach. > > > [1] IMCO adopted text AM 42 – IMCO exclusive competence. “Reasonable” > deleted as not used in 23(5), exclusive ITRE competence, as the word adds > nothing. > > [2] IMCO 43 (part) > > [3] IMCO adopted text AM 45 – IMCO exclusive competence. IMCO text on > complaint procedures addressed substantively identically in Art 30a. IMCO > text on BEREC guidelines in Art 24(3), maintained by ITRE. > > > > > ----------------------------------------- > Innocenzo Genna > Genna Cabinet Sprl > 1050 Bruxelles - Belgium > > Skype: innonews > Twitter: @InnoGenna > Email: [email protected] > > my blog:http://radiobruxelleslibera.wordpress.com/ > my music: www.innocenzogenna.com >
