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Net Neutrality a regulator’s vision February 27 th, 2012 Guillaume Mellier.

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Presentation on theme: "Net Neutrality a regulator’s vision February 27 th, 2012 Guillaume Mellier."— Presentation transcript:

1 Net Neutrality a regulator’s vision February 27 th, 2012 Guillaume Mellier

2 2 Net neutrality in Europe: the first milestones  The “Telecoms Package” – a framework allowing for flexibility  Not too prescriptive…  While including specific provisions on NN  The EU institutions – taking position on the issue  Commission: no problem at the moment, but acknowledging potential risks  European Parliament: strong supporter of NN principles  Council: also calling for pro-activism  political support for regulators’ work  Ground works by BEREC and national regulators  Building an expertise  Ensuring consistency across the EU

3 3 ARCEP’s “10 proposals and recommendations” (2010)  Internet access service should observe net neutrality principles, while ISPs can innovate with specialized services 1.Freedom of use and sufficient quality of internet access service as a rule 2.Equivalent treatment between data streams of internet access service as a general rule 3.Traffic management of internet access service should remain in any case : relevant, efficient, proportionate, non-discriminatory between parties, transparent 4.Unrestricted specialized (“managed”) services as long as Internet access not degraded below acceptable level  The regulator needs to foster quality and monitor the market 5.Increased transparency (incl. traffic management & quality of service) 6.Monitoring traffic management 7.Monitoring the quality of the Internet access service 8.Monitoring data interconnection market  Net neutrality is about the whole value chain, not only ISPs 9.Service, application, content vendors play a big role 10.Devices should be looked at, too

4 4 Focus: traffic management  Frequent practices, varying from security to prioritization of integrated services  No bright line  ARCEP’s five criteria: relevance, proportionality, efficiency, non-discrimination between parties, transparency  Goals matter  Implementation is at least as important  Need for more knowledge: what are ISPs doing?  Hard to say from outside (end users might see [some] consequences, not practices)  National and European questionnaires help  Enforcing the policy  [ competition ]  Transparency  Dispute settlement  [ minimum QoS ]

5 5 Focus: data interconnection market  A non-regulated, efficient market that has led to global and resilient connectivity  Is there a problem?  Tensions arise, big players impose their conditions  ISPs control access to users; big CAPs are unavoidable; intermediaries face fierce competition  “That’s everyday business, net neutrality is not at stake”  At least, eradicate the lack of clarity and promote objectivity  Monitoring and understanding the market  Prepare for possible dispute settlement  Not a case for regulation at present

6 6 BEREC: making the framework come to life  BEREC is building up a common understanding of the main challenges and some methodology Interconnection Open discussion in different fora (BEREC, OECD) Outputs to be decided Transparency [Art 21 USD] Guidelines published Dec 2011 70+ responses to the public consultation  Understandability: broad support to develop at European level common frames of reference (terminology, basic parameters)  Comparability: requires direct & indirect approaches, users empowerment, test tools and monitoring On going working group on next steps Quality of service [Art 22 USD] Framework published Dec 2011  QoS / QoE / network performance, triggers Guidelines on the “minimum QoS tool”, for consultation Q3 2012 Traffic management Acceptability of traffic management: a theoretical approach Q2 2012 Investigation questionnaire to operators and civil society (Dec 2011, in coordination with EC), results to be published by April 2012

7 Being proactive, without being unnecessarily intrusive Thank you!

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