New subject: RES: RES: Open letter to EU policy-makers on sustaining Community Networks

7 Mar 2017

Great. I will be there too.
Abour the models of CNs what i am telling is the regulatory issues.  I am not proposing to
limit the models of  CNs, just a reflection about how the regulatory issues must be made.
 Here in Brazil we are trying to make some conversations with local and small ISPs to
interconnect with CNs and provide links to internet, but its a beggining...
But i will put these ideas in the doc too....thanksss 
br
Marcelo

Enviado do meu smartphone Samsung Galaxy.-------- Mensagem original --------De: Federica
Giovanella &lt;federgi82(a)hotmail.com&gt; Data: 07/03/2017  05:07  (GMT-03:00) Para:
Dynamic Coalition on Community Connectivity &lt;dc3(a)listas.altermundi.net&gt; Assunto: Re:
[DC3] RES: RES: Open letter to EU	policy-makers	on	sustaining	Community	Networks 

<!-- P {margin-top:0;margin-bottom:0;} -->

Hi Marcelo,

I see your point about profit/non profit and, in principle, I agree. Probably one of the
best models is again Guifi.net and its economic framework (but Roger and Leandro know
 much better than me). But, in the end, I am not sure we should try to make all CNs in the
same way (provided, of course, that they do not become commercial ISPs! ;)

By the way, I would recommend that you use the co-ment tool if you want to comment
 and propose different views and so on; here is the
link: https://lqdn.co-ment.com/text/Rl42W44XAc6/view/

It would be usueful to have your insights there, directly - let's say - on the letter
and where
 every other CN can see it.

If you - or any other CN within or outside EU - would like to sign the letter, please
send the name of your organization, the country where it is based and its high-resolution
logo at: advocacy(a)netcommons.eu.
The letter will
 be open for signatures until March 22.

Thanks
 once again.
Have
 a good day.

Federica

Da: dc3-bounces(a)listas.altermundi.net &lt;dc3-bounces(a)listas.altermundi.net&gt; per conto
di Instituto Bem Estar Brasil &lt;instituto(a)bemestarbrasil.org.br&gt;

Inviato: lunedì 6 marzo 2017 23.46.55

A: 'Dynamic Coalition on Community Connectivity'

Oggetto: [DC3] RES: RES: Open letter to EU policy-makers on sustaining Community Networks

Hi Federica. Yes, we want to join in this action.  First I will make some changes and send
here for the group to a debate about the changes.

And yes I can put under CC and show the original link too, no problem.  The purpose is
political and in general the text is great.

Before I sign, I would like to make this debate about equal rights and benefits to CNs and
small comercial ISPs. Like a I said I think that we need to treat different each model.
Just to understand
 if in EU, small ISPs with profit have a different culture, allowing that the network
could be treated as a common for example and not a private and closed network.

In the principles of the CNs, I identified that we can build it in a lot of ways, but, one
thing is to establish the principles and another is to create the regulation where we will
not have the guarantee
 of these principles.

Why am I saying that ?  I think that in everywhere the associative process is a fact and
CNs have more about associative and cooperative process than business model as usual.

Again, nothing against the profit, but, I think that non profitable initiatives can
guarantee better the objectives that we defend and it’s important to differ : without
profitable ends and with economical
 ends, ‘cause an association can have economical activities following their respective
statuary objectives and reverting the
positive balance
to continuing and improving their activities.

In resume, everyone that works with CNs, in associative or cooperative process can receive
your pro labore with dignity, fair and helping the communities to have better services,
looks like a
recreational club and in the same time don’t having profit.

I don’t know if my explanation is alright, but if have any doubt let's continue the
debate if the people here want to do so

PS.: In 03/20 we will have a debate about regulation in Campinas/SP and I can try to put
this letter to debate in there too if you would like

br

Marcelo

De: dc3-bounces(a)listas.altermundi.net [mailto:dc3-bounces@listas.altermundi.net]
Em nome de Federica Giovanella

Enviada em: segunda-feira, 6 de março de 2017 15:23

Para: Dynamic Coalition on Community Connectivity

Assunto: Re: [DC3] RES: Open letter to EU policy-makers on sustaining Community Networks

Hi Marcelo,

thanks for these insights. I have shared them with my colleagues of netCommons.

We are glad that the letter can be useful for you as well. Our question is: will you use
it for lobbying your government? Or for which other purposes?
By the way,  the open letter is under a CC BY SA
(https://creativecommons.org/licenses/by-sa/4.0/). Hence
 you can reuse it, if you acknowledge the project for attribution (you can can also
link back to the source original letter) and provided that you indicate on your letter if
changes were made from ours and of course, as long as you use the same license for
 your derivative letter (it's just the way CC BY SA works).

It would be good to have your network's signature on the letter as well. We think it
is important to show that CNs exist, are widespread and are a powerful tool everywhere in
the world.

Thanks a lot again.
Best,

federica

Da:
dc3-bounces(a)listas.altermundi.net &lt;dc3-bounces(a)listas.altermundi.net&gt; per conto di
Instituto Bem Estar Brasil &lt;instituto(a)bemestarbrasil.org.br&gt;

Inviato: lunedì 6 marzo 2017 13.48.27

A: 'Dynamic Coalition on Community Connectivity'

Oggetto: [DC3] RES: Open letter to EU policy-makers on sustaining Community Networks

Just for reflection : Here in Brazil, the cultural behavior of the ISPs is that the
network is the meaning to have profit. Nothing against the profit, but, make equal the
rights and benefits between
 non-profitable and social initiatives and ISP operating in business model as usual seems
to be a barrier to consolidate that the network is a common good. Unless if this culture
of profit is different in EU and the ISPs in there don’t have any problem to open
 the networks to democratic usage and make decisions.

An example is if the community wants to create a rule or a local service in a private ISP
network, how could this thing happen ?

Maybe this is the wishful of a libertarian model of
deregulation and I know that this issue is polemic, like we want to banish the market, but
this is not the point, the point is to make proportional rules to each kind of model and
facilitate the cultural change
 that communication is a right and not only a shelf product. Maybe it is radical, but,
let’s saw how the communications along the years were kidnapped by market rules and
political interests.

I think that reduce the taxes, some obligations and a fair price to interconnect the
networks is a good idea for small ISPs, but free of taxes and obligations at all, I don’t
think that is a good
 idea to make it happen for profitable business models.

Outside this issue, the letter is very good and some guys and girls in Brazil already
translate it and I want to know if we can appropriate part of the text to create another
fork of it ….

Thanks and let’s keep walking.

Att
marcelo

De:
dc3-bounces(a)listas.altermundi.net [mailto:dc3-bounces@listas.altermundi.net]
Em nome de Carlos Rey-Moreno

Enviada em: segunda-feira, 6 de março de 2017 05:16

Para: Dynamic Coalition on Community Connectivity

Assunto: Re: [DC3] Open letter to EU policy-makers on sustaining Community Networks

Hi Federica, great initiative and great letter! I hope you can get proper traction on
this! Please add Zenzeleni Networks from South Africa as a signatory if you think it adds
value.

Regards, 

carlos

On 3 March 2017 at 17:38, Federica Giovanella &lt;federgi82(a)hotmail.com&gt; wrote:

// Apologies for cross-posting - Read online:

http://netcommons.eu/?q= content/letter-eu-policy-
 makers-making-regulation-work- community-networks

//

Dear all,

After many discussions with many European Community Networks (CNs),

researchers from the netCommons project on network infrastructure 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.

        https://lqdn.co-ment.com/text/ Rl42W44XAc6/view/

This letter, drafted in collaboration with several European CNs and advocacy groups, is
meant to offer a collective voice to this growing movement.

*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.).

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.

Several outcomes can be expected, including:

- The publication of a joint press release by all signatories to disseminate the open
letter as widely as possible (by the end of March).

- 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.

- A policy workshop to be organized later this year in Brussels.

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.

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: 

Please read and comment on the open letter.

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: advocacy(a)netcommons.eu*
 (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").

Thanks,

Federica Giovanella

University of Trento
(http://www.lawtech.jus.unitn.it/index.php/people/federica-giovanella)

Partner of netCommons project on network infrastructure as a commons

http://netcommons.eu/

========Text of the open letter==========

OPEN LETTER TO EU POLICY-MAKERS:

POLICY RECOMMENDATIONS FOR SUSTAINING COMMUNITY NETWORKS

PREAMBLE

We represent European Community Networks, a growing movement of

organizations that operate local communication infrastructures,

sometimes federated at the regional or national levels. These networks,

most of which also provide access to the global Internet, are operated

as a commons. That is, rather than being driven by for-profit motives,

our key focus is on providing connectivity while striving for democratic

governance, social inclusion, education, and human rights with respect

to communication technologies.

Our organizations vary considerably in terms of sizes, types of network

infrastructures and political cultures. Yet, despite this diversity, we

are united by the common objective to build networks that meet the

communication needs of humans (rather than those of objects and

machines), through networks that are built and run by our communities,

for our communities, focused on local empowerment, affordability and

resiliency.

Today, we collectively provide broadband connectivity not only to tens

of thousands of individual European citizens and residents, but also to

organizations including small and medium sized companies, schools,

healthcare centers, social projects and many more. In many cases, we

have out-competed mainstream operators, by providing cheaper and faster

Internet connectivity than incumbent players. Thanks to our

infrastructure and through our various activities, we foster scientific

and engineering experiments, we help local hosting and service providers

come together to mutualise investments and share costs, we support

digital literacy and data sovereignty through workshops and other

educational activities.

Yet, despite our achievements, policy-makers at the national and

European levels have so far mostly neglected our existence and specific

regulatory needs. Worse, regulation is often hampering our initiatives,

making the work of our participants and volunteers harder than it should

be. This is why, as you start working on a European code of electronic

communications, we decided to contact you and voice our ideas and

recommendations regarding the future of the legal and policy framework

regulating our activities.

1. Lifting unnecessary regulatory and financial burdens

We first ask you to review the regulatory framework and get rid of

unnecessary regulatory burdens, such as fees or red-tape that are

unnecessary or illegitimate when imposed on small non-profit entities.

In Belgium for instance, the registration fee that telecom operators

must pay to the NRA is at 676€ for the first registration, plus 557€

every following year (for those whose revenues are below 1M€, which is

the case for many community networks). Even such small fees can hinder

the growth of small networks that efficiently serve tens of households.

In France, Spain and Germany, it is free, which might explain why the

community network movement is much more dynamic in these countries. The

proposed code for electronic communications aims to harmonize procedures

for declaration fees (first registration) as well as administrative

charges (annual fees). EU lawmakers must ensure that the fees and

charges imposed by national NRAs are null or negligible for non-profit

ISPs and micro and small businesses. Likewise, taxes designed for large

corporate firms in the telecom sectors should not apply to smaller,

non-profit operators.

2. Getting rid of third-party liability when sharing Internet access

Several laws seek to prevent the sharing of Internet connections amongst

several users by making people responsible (and potentially liable) for

all communication made through their Wi-Fi connection, and create legal

risks for people sharing their connection. In Germany, rights-holders

have used a "secondary liability" doctrine to chill the growth of the

community networks movement. In France too, copyright law imposes a

secondary liability regime that creates significant legal uncertainty

for people sharing their network connections with other users. The

so-called "mere conduit", inscribed in EU law since 2000 in the

directive on the information society, needs to be guaranteed and

expanded to small-area wireless access points. In the same spirit,

contract clauses that forbid subscribers to share their connections with

others should be prohibited. Promoting a right to share Internet

connections is all the more vital considering the economic and

ecological crises, as well as the rapid increase of populations that

cannot afford access to the Internet. In this context, connection

sharing can play a critical role in fostering a more equitable and

sustainable use of telecommunications infrastructure.

3. Expanding the spectrum commons

It is not just Internet wireless access points that can be shared, but

also the intangible infrastructure on which radio signals travel. Wi-Fi,

as an unlicensed portion of the spectrum and therefore a commons, is a

key asset for community networks willing to set up affordable and

flexible last-mile infrastructure. However, these Wi-Fi frequency bands

are currently very limited. Not only are they getting increasingly

subject to congestion in densely populated areas, they are also exposed

to new technical standards that use the so-called ISM frequency band

(like LTE-U) that hamper the reliability of Wi-Fi communications. Last

but not least, existing frequency bands for Wi-Fi (5,6 Ghz and 2,4 Ghz)

have physical constraints that prevent them for being used for longer

radio links. In the face of such challenges, a new approach to spectrum

policy is needed. Policy-makers should expand unlicensed Wi-Fi bands.

Two other types of frequencies should also be made available either on

an unlicensed (preferred scenario) or, if not possible, based on

affordable and flexible authorization schemes: so-called white spaces in

lower frequencies (which allow for cheap and resilient long-distance

links) and the 12Ghz and the 60Ghz bands (for which radio equipment is

affordable and which can help us build high-bandwidth point-to-point

radio links). Once made accessible to community networks, these

frequency bands will help these networks roll-out and expand cheap and

resilient wireless infrastructures.

4. Updating open-access rules in telecom infrastructures

Networks built with taxpayers money should also be treated as a commons

and, as such, remain free from corporate capture. Today, their

management and exploitation is often delegated by public authorities to

corporate network operators. These entities usually adopt aggressive

pricing schemes designed for incumbent players that make it extremely

costly for small access providers to interconnect with these networks.

Access to these publicly-funded networks for non-profit entities like

community networks as well as small businesses should be guaranteed, at

a reasonable and proportionate cost. Similarly, community networks often

cannot have access to the private local infrastructures of incumbent

players, despite the fact that these are the only way to connect willing

subscribers. Indeed, in many European markets, the deployment of optical

fiber networks is (re)creating monopolistic conditions on local loops

through pricing schemes which preclude small actors from accessing these

private networks. Policy-makers and regulators should ensure that every

area is covered by at least one telecom operator with a so-called

"bitstream" offer affordable for smaller players.

5. Protecting free software and user freedom in radio equipment

In 2014, the European Union adopted Directive 2014/53 on radio

equipment. Although the Directive pursues sound policy goals, it might

actually impair the development of community networks. Indeed, community

networks usually need to replace the software included by the

manufacturer in radio hardware with free and open source software

especially designed to suit their needs, a collective process that

improves security and encourages the recycling of hardware, among other

benefits. Article 3.3 of the said Directive creates legal pressure for

manufacturers of radio devices to ensure the compliance of the software

loaded on these devices with the European regulatory framework. As a

result, there is a strong incentive for manufacturers to lock down their

devices and prevent third-party modifications of the hardware. We

therefore ask policy-makers to provide a general exception for all free

software installed on radio devices by third-parties (the latter being

liable if their software lead to violations of the regulatory

framework), so that users' rights are safeguarded.

6. Abrogating blanket data retention obligations

Community networks strive to safeguard human rights in communication

networks, and in particular the right to privacy and the confidentiality

of communication. While we welcome recent rulings by the Court of

Justice of the European Union holding that indiscriminate retention of

metadata violates the Charter of Fundamental Rights, we are concerned

about several member states' willingness to circumvent these rulings to

protect capabilities for indiscriminate surveillance. As EU lawmakers

start discussing the overhaul of the ePrivacy Directive, we call on them

to oppose any blanket data retention obligations and close existing

loopholes in EU law to ensure that only targeted and limited retention

obligations can be imposed on hosting and access providers.

7. Bringing direct and targeted public support

Countless other policy initiatives can help support community networks

and the associated significant benefits they bring, such as small

grants, crowd-funding and subsidies to help our groups buy servers and

radio equipment, communicate around their initiative, giving them access

to public infrastructures (for instance, the roof of a public building

to install an antenna), but also to support their research on radio

transmission, routing methods, software or encryption. As many local

authorities have found, supporting community networks is a sound policy

option. As EU lawmakers move forward on the WiFi4EU initiative, we would

like to remind you that we have pioneered various models for the

provision of free public access points. We believe that public money

invested in this initiative should primarily go to groups pursuing a

bottom-up logic, seeding local groups that can foster the empowerment

and cohesion of local communities, nurture competition, and meet the

same policy-objectives at a fraction of the cost that would be charged

by mainstream telecom operators.

8. Opening the policy-making process to Community Networks

Although we have often partnered with municipalities and local public

authorities, we ask that national and European regulators pay more

attention to our activities when drafting regulation. Community networks

have both the expertise and legitimacy to take an integral part in

technical and legal debates over broadband policy in which traditional,

commercial ISPs are over-represented. Community networks can bring an

informed view to these debates, allowing for a policy-making process

more attuned to the public interest.

We thank you for your attention and very much look forward to engaging

with you on these important issues,

First signatories (EU-based community networks)

Aquilenet (France)

Franciliens.net (France)

Freifunk Hamburg (Germany)

(Incoming)

Supporting organizations (advocacy groups, research projects, public

authorities, SMEs, etc.)

La Quadrature du Net

(Incoming)

For any inquiry regarding this open letter, write to: advocacy(a)netcommons.eu

http://netcommons.eu/?q=content/letter-eu-policy-makers-making-regulation-w…

_______________________________________________

DC3 mailing list

DC3(a)listas.altermundi.net

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-- 

Carlos Rey-Moreno, PhD

PostDoctoral Fellow University of the Western Cape

Zenzeleni Networks: zenzeleni.net

https://www.youtube.com/watch?v=YxTPSWMX26M

Cel: +27 (0) 76 986 3633

Skype: carlos.reymoreno Twitter: Creym

Re: [DC3] RES: RES: Open letter to EU policy-makers on sustaining Community Networks