"Pros"
Improved information and transparency: Consumers are guaranteed access to up to date offers, in a transparent way, and should be better informed on all the details of their contracts.
Quality guarantee: Consumers will be protected against degradation of quality of services as national telecom regulators are given the power to set minimum levels of transmission quality.
Number portability/switching: We applaud the fact that consumers will be able to switch more easily from one operator to another and that the change will have to be done in one working day maximum.
Security/Privacy: Internet Service Providers will have to inform consumers on any breach of security but we would have liked all service providers to be obliged to inform consumers. We very much welcome the fact that the measures will also apply to the new RFID technology.
More powers for national regulators: Consumers need strong and independent regulators. We therefore support the proposals to enhance their powers so they can ensure the proper implementation of the EU directives. We also welcome the idea of a European Agency to coordinate the actions of national telecom regulators. As the roaming case has shown, individual regulators do not always have the power to intervene. As all European markets have specific characteristics, the set-up of the agency should allow for the possibility for national regulators to decide on additional measures and to define lower access tariffs.
"Cons"
SMS are not covered: Nowadays SMS are a very popular and commonly used communication media. We are extremely disappointed by the fact that the costs of SMS are once again left out of a crucial EU piece of legislation.
Reducing the universal service provision: BEUC is against any reduction of the scope of the universal service provisions. In the proposals, the latter would be limited to offering consumers the physical infrastructure but not the necessarily the telecommunication services (calls, fax, internet...).
Relevant markets: BEUC deeply regrets that many important markets have been removed from the list of "relevant markets"; the current legislation forces national regulators to analyse 18 "markets" such as the market for local calls, international calls etc. Under the new package, they will still be able to do so but not on a compulsory basis. BEUC fears that consumers will not be adequately protected in countries which do not have strong regulators.
Spamming: We will, thankfully, retain an "opt in" system for unsolicited commercial communications and an "opt out" solution once a consumer has subscribed/contracted with a company. We would have liked a generalised "opt in" solution for all mails.
Cost control measures and lock-in:Cost control measures are already in place regarding the universal service provision, but they must be extended to include mobile telephony. We would also have liked to see provisions limiting contractual lock-in in order to provide more flexibility for consumers when they want to change operators.
"BEUC welcomes the proposals to bring forward consumer rights in the telecom sector. However the ultimate goal of this package should be to ensure to all consumers safe, affordable and fair access to all telecom services. We call on the Member States and the European Parliament to put in place additional measures to fight spam and to guarantee a wider scope of the universal service provision." said Jim Murray, BEUC Director.
