Net neutrality update May 2017

The Body of European Regulators for Electronic Communications (BEREC) announced two new public consultations on net neutrality: Internet protocol interconnection practices in the context of net neutrality and BEREC regulatory methodology for quality of service assessment for the implementation of net neutrality provisions:

• The consultation on internet protocol interconnection practices recognises that, while Internet traffic volumes continue to increase, mainly driven by video streaming services, prices for transit or content delivery network (CDN) services are still declining, as are the costs of delivering data packets on a per unit basis. It notes that the Internet ecosystem remains able to cope with increasing traffic volumes; where disputes have arisen, these have typically been solved without regulatory intervention. National regulatory authorities (NRAs) should monitor whether this continues to be the case and should continue to apply a careful approach when considering if regulation is required. Competition and transparency for consumers remain key factors ensuring that market forces work efficiently.
• The Net Neutrality Regulatory Assessment Methodology consultation provides guidance to NRAs on the implementation of the net neutrality regulations, building upon previous BEREC guidance, in relation to quality of service measurement methodology and tools for detecting traffic management practices that could impact upon performance and the ability to use certain applications.

Telecompaper reported that the Dutch Government plans to drop the strict interpretation of net neutrality from Dutch law. This follows the ruling last month that Dutch law should not take precedence over European net neutrality rules in relation to T-Mobile Netherlands’ zero-rated music service (more background on this here).

In the U.S. the Federal Communications Commission (FCC) voted to approve a Notice of Proposed Rulemaking (NPRM) as the first step towards ending Title II utility-style regulation of broadband Internet access services (more background on this here and also see coverage from BBC News). The Notice also seeks comments on whether the Commission should keep, modify or eliminate the bright-line rules established by the Title II Order (more background on these here). Comments must be filed against the Notice by 16th August 2017.

Network World and Ars Technica reported that a U.S. appeals court has denied a request by broadband trade groups to rehear its decision in June 2016 to uphold the FCC's 2015 net neutrality rules, on the basis that the FCC is considering adopting a new order that would replace the existing rules with markedly different ones. Ars Technica also reported that claims that Title II regulation has negatively impacted on operators’ broadband investments have been disputed by pro-net neutrality advocacy group Free Press. Also see analysis by the Information Technology & Innovation Foundation (ITIF), which suggests that broadband investment did reduce following the FCC’s 2015 Open Internet Order, and also calls for a stable and predictable regulatory regime in future.

Finally CNet reported comments by Netflix CEO Reed Hastings that net neutrality was no longer Netflix’s fight, given its dominant position in the video streaming marketplace; however he also added Netflix is still supportive of other companies fighting against the dismantling of U.S. net neutrality rules.