DO WE NEED NET NEUTRALITY REGULATION?

Marina Brkljačić, CROATIAN REGULATORY CROATIAN REGULATORY

AUTHORITY FOR NETWORK INDUSTRIESAUTHORITY FOR NETWORK INDUSTRIES(HAKOM)(HAKOM)

SeptemberSeptember 2299thth, 2014, 2014

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1.1. Introduction & ContentIntroduction & Content

EExisting provisions on the net neutrality in national legal xisting provisions on the net neutrality in national legal systemssystems

Provisions on the net neutrality in the TSM proposalProvisions on the net neutrality in the TSM proposal

EU Parliament’s amendmentsEU Parliament’s amendments

BEREC positionBEREC position

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2. 2. Existing provisions on the net neutrality in national legal Existing provisions on the net neutrality in national legal systemssystems

The new European regulatory framework in 2009 The new European regulatory framework in 2009 - - Member States Member States have the freedom to implementhave the freedom to implement (or not) (or not) the provisions of network the provisions of network neutrality in their jurisdictionsneutrality in their jurisdictions- Article 7.4 a TA- Article 7.4 a TA

TThe first European country he first European country withwith the network neutrality provisions in the network neutrality provisions in their legislation their legislation is is NetherlandsNetherlands, followed by Slovenia- Article 203, followed by Slovenia- Article 203

PProvisions mainly relate to ban operators to block or slow down rovisions mainly relate to ban operators to block or slow down Internet traffic, except when it is in the interest of end-users or when Internet traffic, except when it is in the interest of end-users or when imposed by courtimposed by court/law/law order order

Belgium has proposed a draft lawBelgium has proposed a draft law

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Reasons:Reasons:

- InIn April 2011, the Netherlands telecommunications company KPN has April 2011, the Netherlands telecommunications company KPN has announcedannounced that i that it will block services t will block services ((such as VoIP and messaging over such as VoIP and messaging over the Internetthe Internet) ) unless the end users pay an extra feeunless the end users pay an extra fee

- Slovenia: lSlovenia: legislatoregislator (ministry) (ministry) wanted to advance to regulate network wanted to advance to regulate network neutrality,neutrality, there was not any problem in the market there was not any problem in the market

Conclusion: Conclusion: the introduction of the provision of network neutrality the introduction of the provision of network neutrality legislation should be realized only when it is necessary, due to changes legislation should be realized only when it is necessary, due to changes in the market or due to problems in the electronic communications in the market or due to problems in the electronic communications marketmarket

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Provisions on the net neutrality in the TSM proposalProvisions on the net neutrality in the TSM proposal

Article 23. Article 23. Freedom to provide and avail of open Internet access and rasonable Freedom to provide and avail of open Internet access and rasonable traffic management traffic management

: end users : end users

● ● freedom to access and distribute information and content, run freedom to access and distribute information and content, run applications and use of their choices services via IASapplications and use of their choices services via IAS

● ● freedom to agree freedom to agree the provision of specialized services withthe provision of specialized services with enhanced quality of serviceenhanced quality of service (shall not impair general quality of IAS) (shall not impair general quality of IAS)

● ● reasonable traffic management measures (4)reasonable traffic management measures (4)

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Provisions on the net neutrality in the TSM proposalProvisions on the net neutrality in the TSM proposal

● ● reasonable traffic management measures shall be transparent, reasonable traffic management measures shall be transparent, non discriminatory, proportionate and necessary to: non discriminatory, proportionate and necessary to:

1.1.implement a legislative provision/court order or prevent serious implement a legislative provision/court order or prevent serious crimescrimes2.2.preserve the integrity and security of the networkpreserve the integrity and security of the network3.3.prevent the transmission of unsolicited communication prevent the transmission of unsolicited communication 4.4.minimise the effects of network congestion.minimise the effects of network congestion.

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Provisions on the net neutrality in the TSM proposalProvisions on the net neutrality in the TSM proposal

Article 24. Safeguards for quality of serviceArticle 24. Safeguards for quality of service

● ● NRAs shall monitor the effects of specialised services on cultural diversity and NRAs shall monitor the effects of specialised services on cultural diversity and innovationinnovation

● ● NRAs shall have the power to impose minimum quality of service requirements NRAs shall have the power to impose minimum quality of service requirements on providers (to prevent the general impairment of quality of service for IAS)on providers (to prevent the general impairment of quality of service for IAS)

● ● NRAs provide Commision and BEREC proposed course of actionNRAs provide Commision and BEREC proposed course of action

● ● The Commision may adopt implementing act.The Commision may adopt implementing act.

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EU Parliament’s amendmentsEU Parliament’s amendments

● ● Specialised services shall only be offered if the network capacity Specialised services shall only be offered if the network capacity is sufficient to provide them in addition to IASis sufficient to provide them in addition to IAS

● ● Traffic management measures shall not be maintained longer Traffic management measures shall not be maintained longer than necessary (less reasonable reasons)than necessary (less reasonable reasons)

● ● BEREC- lay down general quidelines (after consulting stakeholders BEREC- lay down general quidelines (after consulting stakeholders and Commision) for the implementation of the obligations of NRA for and Commision) for the implementation of the obligations of NRA for safeguards for quality of servicesafeguards for quality of service

+ Article 24 a (new)+ Article 24 a (new)Commision and BEREC= review the functioning of the provisions on Commision and BEREC= review the functioning of the provisions on specialised services specialised services

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BEREC positionBEREC position

● ● Reasonable traffic management measures: Reasonable traffic management measures: New paragraph: if it is necessary to comply with explicit New paragraph: if it is necessary to comply with explicit request/consent of the end user…..request/consent of the end user…..

● ● BEREC proposed to add obligations on ISPsto provide informations BEREC proposed to add obligations on ISPsto provide informations to NRAs regarding traffic managmentto NRAs regarding traffic managment

● ● BEREC quidelines instead of Commision impelementing actBEREC quidelines instead of Commision impelementing act

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BEREBEREC conclusionC conclusion

TSM: too rigid and incomplete systemTSM: too rigid and incomplete system

New legislative tools: New legislative tools:

Should be based on the identification of specific regulatory problems Should be based on the identification of specific regulatory problems and development oand development of tailored solutions to themf tailored solutions to them……

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Thank you for your attentionThank you for your attention