<div dir="ltr"><br><div class="gmail_quote">---------- Forwarded message ----------<br>From: <b class="gmail_sendername">Melanie Dulong de Rosnay</b> <span dir="ltr"><<a href="mailto:melanie.ddr@gmail.com">melanie.ddr@gmail.com</a>></span><br>Date: Fri, Mar 3, 2017 at 7:39 PM<br>Subject: [members] Open letter to EU policy-makers on sustaining Community Networks<br>To: P2PValue Project Members List <<a href="mailto:members@lists.p2pvalue.eu">members@lists.p2pvalue.eu</a>>, <a href="mailto:commonswatch@lists.p2pfoundation.net">commonswatch@lists.p2pfoundation.net</a>, <a href="mailto:p2p-foundation@lists.ourproject.org">p2p-foundation@lists.ourproject.org</a>, <a href="mailto:nexa@server-nexa.polito.it">nexa@server-nexa.polito.it</a><br><br><br><div dir="ltr">// Apologies for cross-posting - Read online:<br><div class="gmail_quote">
<a href="http://netcommons.eu/?q=content/letter-eu-policy-makers-making-regulation-work-community-networks" rel="noreferrer" target="_blank">http://netcommons.eu/?q=conten<wbr>t/letter-eu-policy-makers-<wbr>making-regulation-work-communi<wbr>ty-networks</a><br>
//<br>
<br>
Dear all,<br>
<br>
After many discussions with many European Community Networks (CNs),<br>
researchers from the <a href="http://netcommons.eu/" target="_blank">netCommons</a> project on network infrastucture as a commons are happy to present a draft open letter on "policy recommendations for sustaining Community Networks". The letter is targeted at European policy-makers, who recently started working on an overhaul of the telecom regulatory framework.<br>
<br>
<a href="https://lqdn.co-ment.com/text/Rl42W44XAc6/view/" rel="noreferrer" target="_blank">https://lqdn.co-ment.com/text/<wbr>Rl42W44XAc6/view/</a><br>
<br>
This letter, drafted in collaboration with several European CNs and advocacy groups, is meant to offer a collective voice to this growing movement.<br>
<br>
*Until March 8th*, we would like to collect signatures from as many European CNs as possible, as well as other supporting organizations (from Europe and beyond, be they advocacy groups, research projects, non-profits, SMEs, local authorities, etc.).<br>
<br>
After this consultation period and the collection of signatures, we would like to send the letter to members of EU Parliament, national delegations at the Council of the EU, as well as to key officials from the EU Commission.<br>
<br>
Several outcomes can be expected, including:<br>
<br>
- The publication of a joint press release by all signatories to disseminate the open letter as widely as possible (by the end of March).<br>
- Proposals for amendments reflecting the recommendations of this open letter, to be sent to key members of the EU Parliament before the first crucial vote on the Telecoms Package in late April.<br>
- A policy workshop to be organized later this year in Brussels.<br>
<br>
Of course, all of these potential outcomes will depend upon the involvement of signatory organizations, and in particular of the willingness of CNs to work together.<br>
<br>
But first, we are sharing the draft to a wider circle of CNs and other people interested in their activities for consultation and potential amendments to the text. Until March 8th, you can read and comment on the draft letter, offer corrections and suggest changes or additions by using co-ment, an online tool for collaborative writing: <br><br>Please read and comment on the open letter.<br>
If and when you agree to sign the letter, *please send the name of your organization, the country where it is based and its high-resolution logo at: <a href="mailto:advocacy@netcommons.eu" target="_blank">advocacy@netcommons.eu</a>* (note that if your signature is dependent on the response brought to a specific comment you have made, please be sure to tag comment as "blocking").<br>
<br>
Thanks,<br>
<br>Melanie Dulong de Rosnay<br>Institute of Communication Sciences (CNRS - Paris Sorbonne University)<br><a href="http://www.iscc.cnrs.fr/spip.php?article1558" target="_blank">http://www.iscc.cnrs.fr/spip.<wbr>php?article1558</a><br></div><div class="gmail_quote">Partner of netCommons project on network infrastructure as a commons<br><a href="http://netcommons.eu/" target="_blank">http://netcommons.eu/</a><br></div><div class="gmail_quote">
<br>
<br>
========Text of the open letter==========<br>
<br>OPEN LETTER TO EU POLICY-MAKERS:<br>
POLICY RECOMMENDATIONS FOR SUSTAINING COMMUNITY NETWORKS<br>
<br>
PREAMBLE<br>
<br>
We represent European Community Networks, a growing movement of<br>
organizations that operate local communication infrastructures,<br>
sometimes federated at the regional or national levels. These networks,<br>
most of which also provide access to the global Internet, are operated<br>
as a commons. That is, rather than being driven by for-profit motives,<br>
our key focus is on providing connectivity while striving for democratic<br>
governance, social inclusion, education, and human rights with respect<br>
to communication technologies.<br>
<br>
Our organizations vary considerably in terms of sizes, types of network<br>
infrastructures and political cultures. Yet, despite this diversity, we<br>
are united by the common objective to build networks that meet the<br>
communication needs of humans (rather than those of objects and<br>
machines), through networks that are built and run by our communities,<br>
for our communities, focused on local empowerment, affordability and<br>
resiliency.<br>
<br>
Today, we collectively provide broadband connectivity not only to tens<br>
of thousands of individual European citizens and residents, but also to<br>
organizations including small and medium sized companies, schools,<br>
healthcare centers, social projects and many more. In many cases, we<br>
have out-competed mainstream operators, by providing cheaper and faster<br>
Internet connectivity than incumbent players. Thanks to our<br>
infrastructure and through our various activities, we foster scientific<br>
and engineering experiments, we help local hosting and service providers<br>
come together to mutualise investments and share costs, we support<br>
digital literacy and data sovereignty through workshops and other<br>
educational activities.<br>
<br>
Yet, despite our achievements, policy-makers at the national and<br>
European levels have so far mostly neglected our existence and specific<br>
regulatory needs. Worse, regulation is often hampering our initiatives,<br>
making the work of our participants and volunteers harder than it should<br>
be. This is why, as you start working on a European code of electronic<br>
communications, we decided to contact you and voice our ideas and<br>
recommendations regarding the future of the legal and policy framework<br>
regulating our activities.<br>
<br>
1. Lifting unnecessary regulatory and financial burdens<br>
<br>
We first ask you to review the regulatory framework and get rid of<br>
unnecessary regulatory burdens, such as fees or red-tape that are<br>
unnecessary or illegitimate when imposed on small non-profit entities.<br>
In Belgium for instance, the registration fee that telecom operators<br>
must pay to the NRA is at 676€ for the first registration, plus 557€<br>
every following year (for those whose revenues are below 1M€, which is<br>
the case for many community networks). Even such small fees can hinder<br>
the growth of small networks that efficiently serve tens of households.<br>
In France, Spain and Germany, it is free, which might explain why the<br>
community network movement is much more dynamic in these countries. The<br>
proposed code for electronic communications aims to harmonize procedures<br>
for declaration fees (first registration) as well as administrative<br>
charges (annual fees). EU lawmakers must ensure that the fees and<br>
charges imposed by national NRAs are null or negligible for non-profit<br>
ISPs and micro and small businesses. Likewise, taxes designed for large<br>
corporate firms in the telecom sectors should not apply to smaller,<br>
non-profit operators.<br>
<br>
2. Getting rid of third-party liability when sharing Internet access<br>
<br>
Several laws seek to prevent the sharing of Internet connections amongst<br>
several users by making people responsible (and potentially liable) for<br>
all communication made through their Wi-Fi connection, and create legal<br>
risks for people sharing their connection. In Germany, rights-holders<br>
have used a "secondary liability" doctrine to chill the growth of the<br>
community networks movement. In France too, copyright law imposes a<br>
secondary liability regime that creates significant legal uncertainty<br>
for people sharing their network connections with other users. The<br>
so-called "mere conduit", inscribed in EU law since 2000 in the<br>
directive on the information society, needs to be guaranteed and<br>
expanded to small-area wireless access points. In the same spirit,<br>
contract clauses that forbid subscribers to share their connections with<br>
others should be prohibited. Promoting a right to share Internet<br>
connections is all the more vital considering the economic and<br>
ecological crises, as well as the rapid increase of populations that<br>
cannot afford access to the Internet. In this context, connection<br>
sharing can play a critical role in fostering a more equitable and<br>
sustainable use of telecommunications infrastructure.<br>
<br>
3. Expanding the spectrum commons<br>
<br>
It is not just Internet wireless access points that can be shared, but<br>
also the intangible infrastructure on which radio signals travel. Wi-Fi,<br>
as an unlicensed portion of the spectrum and therefore a commons, is a<br>
key asset for community networks willing to set up affordable and<br>
flexible last-mile infrastructure. However, these Wi-Fi frequency bands<br>
are currently very limited. Not only are they getting increasingly<br>
subject to congestion in densely populated areas, they are also exposed<br>
to new technical standards that use the so-called ISM frequency band<br>
(like LTE-U) that hamper the reliability of Wi-Fi communications. Last<br>
but not least, existing frequency bands for Wi-Fi (5,6 Ghz and 2,4 Ghz)<br>
have physical constraints that prevent them for being used for longer<br>
radio links. In the face of such challenges, a new approach to spectrum<br>
policy is needed. Policy-makers should expand unlicensed Wi-Fi bands.<br>
Two other types of frequencies should also be made available either on<br>
an unlicensed (preferred scenario) or, if not possible, based on<br>
affordable and flexible authorization schemes: so-called white spaces in<br>
lower frequencies (which allow for cheap and resilient long-distance<br>
links) and the 12Ghz and the 60Ghz bands (for which radio equipment is<br>
affordable and which can help us build high-bandwidth point-to-point<br>
radio links). Once made accessible to community networks, these<br>
frequency bands will help these networks roll-out and expand cheap and<br>
resilient wireless infrastructures.<br>
<br>
4. Updating open-access rules in telecom infrastructures<br>
<br>
Networks built with taxpayers money should also be treated as a commons<br>
and, as such, remain free from corporate capture. Today, their<br>
management and exploitation is often delegated by public authorities to<br>
corporate network operators. These entities usually adopt aggressive<br>
pricing schemes designed for incumbent players that make it extremely<br>
costly for small access providers to interconnect with these networks.<br>
Access to these publicly-funded networks for non-profit entities like<br>
community networks as well as small businesses should be guaranteed, at<br>
a reasonable and proportionate cost. Similarly, community networks often<br>
cannot have access to the private local infrastructures of incumbent<br>
players, despite the fact that these are the only way to connect willing<br>
subscribers. Indeed, in many European markets, the deployment of optical<br>
fiber networks is (re)creating monopolistic conditions on local loops<br>
through pricing schemes which preclude small actors from accessing these<br>
private networks. Policy-makers and regulators should ensure that every<br>
area is covered by at least one telecom operator with a so-called<br>
"bitstream" offer affordable for smaller players.<br>
<br>
5. Protecting free software and user freedom in radio equipment<br>
<br>
In 2014, the European Union adopted Directive 2014/53 on radio<br>
equipment. Although the Directive pursues sound policy goals, it might<br>
actually impair the development of community networks. Indeed, community<br>
networks usually need to replace the software included by the<br>
manufacturer in radio hardware with free and open source software<br>
especially designed to suit their needs, a collective process that<br>
improves security and encourages the recycling of hardware, among other<br>
benefits. Article 3.3 of the said Directive creates legal pressure for<br>
manufacturers of radio devices to ensure the compliance of the software<br>
loaded on these devices with the European regulatory framework. As a<br>
result, there is a strong incentive for manufacturers to lock down their<br>
devices and prevent third-party modifications of the hardware. We<br>
therefore ask policy-makers to provide a general exception for all free<br>
software installed on radio devices by third-parties (the latter being<br>
liable if their software lead to violations of the regulatory<br>
framework), so that users' rights are safeguarded.<br>
<br>
6. Abrogating blanket data retention obligations<br>
<br>
Community networks strive to safeguard human rights in communication<br>
networks, and in particular the right to privacy and the confidentiality<br>
of communication. While we welcome recent rulings by the Court of<br>
Justice of the European Union holding that indiscriminate retention of<br>
metadata violates the Charter of Fundamental Rights, we are concerned<br>
about several member states' willingness to circumvent these rulings to<br>
protect capabilities for indiscriminate surveillance. As EU lawmakers<br>
start discussing the overhaul of the ePrivacy Directive, we call on them<br>
to oppose any blanket data retention obligations and close existing<br>
loopholes in EU law to ensure that only targeted and limited retention<br>
obligations can be imposed on hosting and access providers.<br>
<br>
7. Bringing direct and targeted public support<br>
<br>
Countless other policy initiatives can help support community networks<br>
and the associated significant benefits they bring, such as small<br>
grants, crowd-funding and subsidies to help our groups buy servers and<br>
radio equipment, communicate around their initiative, giving them access<br>
to public infrastructures (for instance, the roof of a public building<br>
to install an antenna), but also to support their research on radio<br>
transmission, routing methods, software or encryption. As many local<br>
authorities have found, supporting community networks is a sound policy<br>
option. As EU lawmakers move forward on the WiFi4EU initiative, we would<br>
like to remind you that we have pioneered various models for the<br>
provision of free public access points. We believe that public money<br>
invested in this initiative should primarily go to groups pursuing a<br>
bottom-up logic, seeding local groups that can foster the empowerment<br>
and cohesion of local communities, nurture competition, and meet the<br>
same policy-objectives at a fraction of the cost that would be charged<br>
by mainstream telecom operators.<br>
<br>
8. Opening the policy-making process to Community Networks<br>
<br>
Although we have often partnered with municipalities and local public<br>
authorities, we ask that national and European regulators pay more<br>
attention to our activities when drafting regulation. Community networks<br>
have both the expertise and legitimacy to take an integral part in<br>
technical and legal debates over broadband policy in which traditional,<br>
commercial ISPs are over-represented. Community networks can bring an<br>
informed view to these debates, allowing for a policy-making process<br>
more attuned to the public interest.<br>
<br>
We thank you for your attention and very much look forward to engaging<br>
with you on these important issues,<br>
<br>
<br>
First signatories (EU-based community networks)<br>
<br><p style="margin-bottom:0in;line-height:100%" lang="en-US"><span id="m_5887670522876991442gmail-sv_61" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-61" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">Aquilenet (France)</span></span></p><p style="margin-bottom:0in;line-height:100%" lang="en-US"><span id="m_5887670522876991442gmail-sv_62" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-62" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">Franciliens.net (France)</span></span></p><p style="margin-bottom:0in;line-height:100%" lang="en-US"><span id="m_5887670522876991442gmail-sv_63" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-63" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">Freifunk Hamburg (Germany)</span></span></p><p><span id="m_5887670522876991442gmail-sv_64" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-64" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">(Incoming)</span></span></p><br>
<br>
Supporting organizations (advocacy groups, research projects, public<br>
authorities, SMEs, etc.)<br>
<br><span id="m_5887670522876991442gmail-sv_69" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-69" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">La Quadrature du Net<br></span></span><br><span id="m_5887670522876991442gmail-sv_64" class="m_5887670522876991442gmail-c-s"><span id="m_5887670522876991442gmail-sv-64" class="m_5887670522876991442gmail-c-c m_5887670522876991442gmail-c-count-0">(Incoming)<br></span></span> <br>
<br>
For any inquiry regarding this open letter, write to: <a href="mailto:advocacy@netcommons.eu" target="_blank">advocacy@netcommons.eu</a><br><br><a href="http://netcommons.eu/?q=content/letter-eu-policy-makers-making-regulation-work-community-networks" target="_blank">http://netcommons.eu/?q=<wbr>content/letter-eu-policy-<wbr>makers-making-regulation-work-<wbr>community-networks</a><br></div></div>
</div><br><br clear="all"><div><br></div>-- <br><div class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div>Check out the Commons Transition Plan here at: <a href="http://commonstransition.org" target="_blank">http://commonstransition.org</a> </div><div><br></div>P2P Foundation: <a href="http://p2pfoundation.net" target="_blank">http://p2pfoundation.net</a> - <a href="http://blog.p2pfoundation.net" target="_blank">http://blog.p2pfoundation.net</a> <br><br><a href="http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation" target="_blank"></a>Updates: <a href="http://twitter.com/mbauwens" target="_blank">http://twitter.com/mbauwens</a>; <a href="http://www.facebook.com/mbauwens" target="_blank">http://www.facebook.com/mbauwens</a><br><br>#82 on the (En)Rich list: <a href="http://enrichlist.org/the-complete-list/" target="_blank">http://enrichlist.org/the-complete-list/</a> <br></div></div></div></div>
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