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Consultation paper on the evaluation of the application of Regulation (EU) 2015/2120 and the BEREC Net Neutrality Guidelines

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Consultation paper on the evaluation of the application of Regulation (EU) 2015/2120 and the BEREC Net Neutrality Guidelines

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MOST DISCUSSED PARAGRAPHS

P5 Did the Guidelines provide additional clarit

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P21 Do any terms used in article 3(5) concerning

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P20 Does the text of the Guidelines concerning s

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P18 Do any terms used in article 3(3) concerning

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LATEST COMMENTS

“We hope our answers to the specific questions will contribute to a revision of the Guidelines along the following key points: - We see a clear need for revisions to bring the current version of the Guidelines back in line with the Regulation. - Terms and concepts that were deliberately not specified by the legislator, such as ‘zero rating’, ‘specialised services’, ‘sub-internet services’, need to be removed from the Guidelines. - In order to facilitate the development and deployment of 5G technology it is important to refrain from installing an “innovation by permission” regime. - NRA decisions and prescriptions need to account for their effects on the end-user. In the context of article 4 this means considering the practical relevance to the individual customer. Another example is BNetzA’s decision on “StreamOn”, which does not consider that its execution would severely limit consumers in exercising their rights given by Article 3 (1). ”

“There is no need for further specifications in the Guidelines. Instead, the Guidelines need to be brought back in line with the Regulation. The Guidelines need to allow innovation where it occurs, also on the networks, i.e. the transport layer. Protecting customer choice and innovation on the Internet is the essence of the Regulation.”

“To clarify that 5G services, or any other access networks and network technologies, can be delivered over specialised services using network slicing, BEREC added footnote 26 to the Guidelines. Therefore, ISPs are free to offer new services and business models in the environment of a 5G network whilst adhering to the principles laid down in the Regulation. This important statement should be a main feature of the Guidelines and not only a footnote.”

“The 5G technology is expected to efficiently allocate spectrum and network resources. Efficiency and, specifically with regards to spectrum, efficient use, are statutory objectives for NRAs. It is within this context that the application of the Regulation should be considered in order to avoid conflict with overarching regulatory objectives. Most importantly the Regulation was written in the spirit of banning “innovation by permission” regimes. If BEREC was to implement such a system of “approving” new services, the intention of the legislator would be undermined completely.”

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	A1 Telekom Austria Group	24	0

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Author: savvas.andreadis@berec.europa.eu

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CONTRIBUTORS (13)

Introduction and scope of the consultation

A. General experience with the application of the Regulation and BEREC NN Guidelines

B. Definitions (article 2 of the Regulation)

C. Commercial practices such as zero-rating (articles 3(1) and 3(2))

D. Traffic management (article 3(3))

E. Specialised services (article 3(5))

F. Transparency (article 4)

G. New technologies (horizontal)

H. Other comments

References

filter: All Most voted (0) Most comments (20) Controversial (0) Decided (0) In voting (0) Supported (0) My contributions (0)

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P1

BEREC BoR (18) 33

P2

Consultation paper on the evaluation of the application of Regulation (EU) 2015/2120 and the BEREC Net Neutrality Guidelines

Introduction and scope of the consultation

P3

In this paper BEREC invites stakeholders to participate in a public consultation on an evaluation of the application of the BEREC Net Neutrality Guidelines [1] (the “Guidelines”) in the context of the Net Neutrality Regulation [2] (the “Regulation”).

The objective of this consultation is to gather information on how stakeholders have experienced the application of the Regulation, as provided for in the Guidelines, since April 30th 2016.

BEREC realizes the importance many in the public domain attach to expressing their position on the general subject of net neutrality. Yet, in this consultation BEREC focuses on the actual experiences of stakeholders with the application of the current Regulation and Guidelines. It is noted that early 2019 the Regulation itself will be evaluated by the European Commission [3].

In addition to the general aspects of the application of the Regulation and Guidelines, BEREC is especially interested in the experiences of stakeholders concerning impact of the Guidelines on the adoption of new technologies.

The public consultation is open till 25 April 2018 17:00 CET. During this period, responses can be either:

send by email to NN-Evaluation-Consultation@berec.europa.eu
or be posted on https://consultations.berec.europa.eu/en/berec

Your input will be used to prepare for a BEREC Opinion for the European Commission in relation to the mentioned evaluation of the Regulation. BEREC aims at publishing this Opinion at the end of 2018.

Please answer with regard to both national and pan-European practices, where you find such distinction appropriate.

A. General experience with the application of the Regulation and BEREC NN Guidelines

P4

In your view – have the Guidelines helped NRA´s apply the Regulation in a consistent, coherent and correct way? Please explain.

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P5

Did the Guidelines provide additional clarity regarding how to apply the Regulation? Please explain.

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P6

On which subjects would you expect the Guidelines to be more explicit or elaborated? How should the text of the Guidelines be adapted on these points, in your view. Please explain.

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P7

For ISPs: Did you discontinue certain products or services following the adoption of the Regulation and/or the Guidelines?

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P8

Did the application of the Regulation, or the implementation of the Regulation by the Guidelines, prevent you from launching certain products or services?

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P9

Do you have any additional comments on the application of the Regulation and Guidelines?

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B. Definitions (article 2 of the Regulation)

P10

Do you think that the Guidelines should provide further clarification in relation to the definitions in the Regulation? If yes, please provide concrete suggestions.

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C. Commercial practices such as zero-rating (articles 3(1) and 3(2))

P11

Does the current assessment of zero-rating as recommended in the Guidelines, offer sufficient protection of end-users’ rights as referred to in article 3(1) of the Regulation? Please explain.

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P12

How could the assessment methodology for commercial practices in the Guidelines (ref. in particular to paras 46-48) be improved? Is there a need for more simplification, flexibility and/or more specification? Please provide concrete suggestions.

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P13

In your view, did the assessment methodology for commercial practices in the Guidelines influence the development of new content and applications offered on the internet? Please explain.

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P14

Do you think that the current application of the Regulation and the Guidelines concerning commercial practices, such as zero-rating, sufficiently takes account of possible long term effects of such practices? If not, how could BEREC further facilitate this?

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D. Traffic management (article 3(3))

P15

Is there a need for improvement of the Guidelines concerning reasonable traffic management (ref. in particular to paras 49-75)? If yes, how could this text be improved? Please provide concrete suggestions.

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