Net neutrality update February 2016

Net neutrality developments this month mainly relate to issues arising from providers’ zero rating of certain content and services (also see this previous post).

A study by Stanford University found that T-Mobile’s Binge On service violates key net neutrality principles as put forward by the Federal Communications Commission (also see this blog post by the report’s author and this interview for more background on the FCC’s net neutrality regulations). According to the author, zero rating services “raise clear net neutrality concerns”, allowing an internet service provider to use “its position as a gatekeeper to pick winners and losers online” by favouring certain content and services over alternatives. The study notes that while T-Mobile does not charge service providers to provide their content via Binge On, it is nevertheless damaging in that it “limits user choice, harms innovation, distorts competition, and stifles free speech online”.

See coverage from Forbes, TechTimes, MediaPost, The Hill and PCMag, with further analysis of zero rating by CIO and InsideSources. The Register set out arguments in favour of zero rating, while a T-Mobile press release reported that the service is proving very popular, with consumers watching much more video and new content being added to the service. Verizon’s Go90 service attracted similar criticism this month for exempting certain video services from data caps; see coverage from Wired, MediaPost, TechTimes and Ars Technica.

Also this month the Telecom Regulatory Authority of India (TRAI) released its Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016 which require that “no service provider shall offer or charge discriminatory tariffs for data services on the basis of content.” This meant that Facebook was prohibited from offering its Free Basics internet service app in India. Free Basics provides free access to a limited number of websites and is intended for “markets where internet access may be less affordable”. See coverage from BBC News and PCMag.

Finally, BBC News reported on criticisms by the Internet Advertising Bureau of Three’s proposed ad-blocking service designed to “to tackle excessive and irrelevant mobile ads”: “The IAB believes that an ad-funded internet is essential in providing revenue to publishers so they can continue to make their content, services and applications widely available at little, or no cost…We believe ad-blocking undermines this approach and could mean consumers have to pay for content they currently get for free.” Also see coverage from Fortune.