Net neutrality update December 2016

Further to last month’s update, AT&T responded to the preliminary conclusion  by the US Federal Communications Commission (FCC) that AT&T’s zero rating of DirecTV video on its mobile network violates net neutrality rules. The FCC argued that the practice favoured AT&T’s content to the detriment of competitors and consumers. According to InsideSources, AT&T argued that the service is of benefit to consumers and that the FCC has no authority to take action against the FCC. It also challenged the FCC’s assertion the program was anticompetitive for charging competitors to sponsor their own data.

The Verge also reported Verizon’s defence of its FreeBee data plan, which zero rates data from Verizon-owned Go90, while Ars Technica highlighted the impact that the change of US administration is likely to have on future net neutrality regulation; more on this here. Also this month FCC Chairman Tom Wheeler announced his intention to step down on 20th  January 2017.

In Europe, Reuters reported that Dutch Consumer and Markets regulator AFM ordered T-Mobile to stop offering a zero rated streaming music service that violated Dutch net neutrality rules. Telecompaper offered commentary on the interpretation of zero rating in Europe in relation to the guidelines published last August by BEREC, the Body of European Regulators for Electronic Communications. Approaches differ, with some European regulators forbidding zero rating and others allowing it.

Finally, section 6 of Ofcom’s 2016 Connected Nations report included an update on implementation of BEREC’s net neutrality guidelines in the UK: “Ofcom will continue to maintain a close dialogue with industry to ensure that the appropriate balance is struck between restricting ISP practices, in order to protect innovation in online services, and allowing ISPs to evolve their networks and the range of internet and non-internet services they offer – whilst avoiding harming incentives to invest and ensuring the Internet remains an open and innovative environment.”