Telecoms Package

The Telecoms Package was the review of the European Union Telecommunications Framework from 2007 – 2009. The objective of the review was to update the EU Telecoms Framework of 2002 and to create a common set of regulations for the telecoms industry across all 27 EU member states. The review consisted of a package of directives addressing the regulation of service provision, access, interconnection, users' contractual rights and users' privacy, as well as a Regulation creating a new European regulatory body (BEREC).

The update to the telecoms regulations was needed to address the growth of broadband Internet. It was intended merely to address structural regulation and competitive issues concerning the broadband providers and the provision of spectrum. The Telecoms Package created a new pan-European agency called Body of European Regulators of Electronic Communications (BEREC) overseeing telecoms regulation in the Member States. It provided for Member States to set minimum quality of service levels for broadband network transmission. It harmonised European contractual rights for telephone and Internet subscribers. These rights included the ability to switch telephone operators within 24 hours of giving notice, and retaining the phone number. Broadband and phone providers are obligated to limit the contract term to 12 months. Subscribers are to be notified of data privacy breaches.

The Telecoms Package became subject to several political controversies, including disputes over the provision of access to infrastructure by dominant broadband providers. However, the most significant controversies concerned copyright and net neutrality.

The controversy over copyright arose because of an attempt to put in amendments mandating Internet Service Providers to enforce copyright. It was argued that these amendments sought to implement a three strikes regime. There was a public political argument over this matter. The debate eventually centred on one single counter-amendment, known as Amendment 138. The outcome was that the Package was forced to go to three readings in the European Parliament, and a compromise amendment was drafted, with the agreement of the three European institutions – Parliament, Commission and Council. This compromise amendment is sometimes now known as the 'Freedom provision'.

The net neutrality controversy arose out of changes made to transparency requirements for broadband providers, where, it was argued, those changes could permit the providers to alter quality of service or favour or discriminate against other players.

The Telecoms Package is known in German as "Telekom-Paket", in French as "Paquet Telecom", in Spanish as "Paquete Telecom", and in Swedish as "Telekompaketet".

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