It was intended merely to address structural regulation and competitive issues concerning the broadband providers and the provision of spectrum.
It provided for member states to set minimum quality of service levels for broadband network transmission.
These rights included the ability to switch telephone operators within 24 hours of giving notice, and retaining the phone number.
The Telecoms Package became subject to several political controversies, including disputes over the provision of access to infrastructure by dominant broadband providers.
In the European Commission's draft of 13 November 2007, there were two amendments that attempted to insert support for copyright, notably that EU member states should mandate their broadband providers to co-operate with rights-holders and favouring a 'three strikes' or graduated response regime.
It came to dominate the political debate and was the subject of a vocal activist campaign led by La Quadrature du Net.
The famous (or infamous) Amendment 138 was tabled to highlight the problem of copyright and with the aim of stopping a three strikes regime being legitimated in European Union legislation.
The text of amendment 138 was:[3] “ applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent".Amendment 138 was adopted by the European Parliament in the first reading plenary vote on 24 September 2008.
Measures taken by Member States regarding end-users access' to, or use of, services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.
Any of these measures regarding end-users' access to, or use of, services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.
A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms.
[5] These provisions related to transparency of information supplied by network operators and Internet Service Providers (ISPs) to their subscribers.
[7] Some of their demands were criticised by citizens advocacy groups,[8] who argued that certain proposed amendments would allow the broadband operators to use discriminatory forms of traffic management.