Net neutrality update May 2016

European net neutrality regulations come into force: On 30th April 2016 the European net neutrality regulations came into effect (more background here and here). BEREC, the Body of European Regulators for Electronic Communications, will issue guidelines on the implementation of the regulations at national level for regulatory authorities such as Ofcom by 30th August 2016. Also see commentary from EurActiv; Ars Technica reported that EDRi, an association of civil and human rights organisations from across Europe, had written to BEREC along with more than 70 other organisations in support of strong guidelines for net neutrality in Europe.

More on zero-rating: the US Multicultural Media, Telecom and Internet Council (MMTC) published Understanding and Appreciating Zero-Rating: The Use and Impact of Free Data in the Mobile Broadband Sector. The report highlights the benefits of zero-rating, including “bringing more people online, bolstering the uses and experiences of those who rely on mobile broadband connections, and supporting more vibrant and robust innovation in the mobile ecosystem” (much recent analysis has focused on the potential adverse impacts of zero-rating; also see this previous post). It also challenges assertions that zero-rated free data offerings are contrary to the Federal Communications Commission’s Open Internet Order. Similarly, Mobile Zero Rating: The Economics and Innovation Behind Free Data, a new report by the Information Technology & Innovation Foundation (ITIF), sets out the case for zero-rating, suggesting that the practice supports innovation and competition, is in the public interest and does not threaten the open internet. Networking company Sandvine published Best Practices for Zero-Rating and Sponsored Data Plans under Net Neutrality, a white paper that “explores real-world examples of operators using zero-rating and sponsored data to effect service differentiation all over the world, and describes how these innovative plans may be adapted to lower the risk of Network Neutrality concerns”. Ars Technica reported that Sprint is now allowing some online video to be zero-rated, alongside AT&T, Verizon and T-Mobile.

Federal Communications Commission (FCC) developments: the FCC published guidelines on  acceptable methodologies for disclosure of network performance to satisfy the enhanced transparency requirements of its 2015 Open Internet Order. Ars Technica reported that the FCC has received almost 21,000 net neutrality complaints from consumers since its Open Internet Order went into effect last year, representing 24% of all complaints received about internet service. However, these figures are not necessarily indicative of net neutrality violations, as they relate to the category selected by consumers when registering a complaint (other categories include privacy, speed, availability and billing). Finally, cnet reported remarks by President and CEO of the National Cable and Telecommunications Association (NCTA) and former FCC Chairman Michael Powell that there will be no winners in the current legal challenge to the FCC’s Open Internet Order: he suggested that the outcome is likely to be inconclusive leading to further uncertainty.