Net neutrality update August 2016

U.S. telecommunications industry groups are seeking a review of the recent court decision upholding the Federal Communications Commission’s (FCC) Open Internet Order. Petitions have been submitted by the National Cable & Telecommunications Association (NCTA), the American Cable Association (ACA), CTIA – The Wireless Association and the United States Telecom Association (USTelecom) and CenturyLink. Key to the industry groups’ objections is the reclassification of Internet service providers as common carriers under Title II of the U.S. Communications Act. In a statement FCC Chairman Tom Wheeler expressed confidence that the decision to uphold the Open Internet Order will stand. See commentaries from Ars Technica and Network World, which also speculated on whether the case could reach the U.S. Supreme Court in future.

Also in the U.S. this month, T-Mobile announced a new unlimited data plan where video playback is limited to standard definition, with high definition video and tethering incurring extra charges. This has provoked criticisms that the service breaches the FCC’s Open Internet Order, echoing concerns earlier this year when T-Mobile zero-rated certain content and services. See commentary from Ars Technica. CTIA – The Wireless Association released a new study highlighting the benefits of zero rating and free data services; these include more choice for consumers, the optimization of mobile content, encouraging innovation and bridging the digital divide (see here and here for details of other studies exploring the pros and cons of zero rating).

In Europe, Mobile World Live reported on criticisms by Ericsson’s head of European affairs and the GSMA that the Body of European Regulators for Electronic Communications’ (BEREC) proposed net neutrality guidelines are too prescriptive and represent a backwards step. The U.S. Information Technology and Innovation Foundation (ITIF) joined with a group of 16 academics and policy experts from the U.S. and Europe in submitting an open letter to BEREC emphasising the importance of flexibility in the forthcoming guidelines. EurActiv published remarks by Stefan Heumann, Co-Director of Stiftung Neue Verantwortung, a Berlin-based think tank focused on technology and public policy, calling for BEREC to maintain the strong protections set out in the guidelines to prevent fragmentation of the Digital Single Market.