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CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES (HAKOM) DO WE NEED NET NEUTRALITY REGULATION? Marina Brkljačić, CROATIAN REGULATORY AUTHORITY FOR.

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Presentation on theme: "CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES (HAKOM) DO WE NEED NET NEUTRALITY REGULATION? Marina Brkljačić, CROATIAN REGULATORY AUTHORITY FOR."— Presentation transcript:

1 CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES (HAKOM) DO WE NEED NET NEUTRALITY REGULATION? Marina Brkljačić, CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES (HAKOM) September 29 th, 2014

2 29.9.2014HAKOM © 20142 1.Introduction & Content Existing provisions on the net neutrality in national legal systems Provisions on the net neutrality in the TSM proposal EU Parliament’s amendments BEREC position

3 29.9.2014HAKOM © 20143 2. Existing provisions on the net neutrality in national legal systems The new European regulatory framework in 2009 - Member States have the freedom to implement (or not) the provisions of network neutrality in their jurisdictions- Article 7.4 a TA The first European country with the network neutrality provisions in their legislation is Netherlands, followed by Slovenia- Article 203 Provisions mainly relate to ban operators to block or slow down Internet traffic, except when it is in the interest of end-users or when imposed by court/law order Belgium has proposed a draft law

4 29.9.2014.HAKOM © 20144 Reasons: -In April 2011, the Netherlands telecommunications company KPN has announced that it will block services (such as VoIP and messaging over the Internet) unless the end users pay an extra fee -Slovenia: legislator (ministry) wanted to advance to regulate network neutrality, there was not any problem in the market Conclusion: the introduction of the provision of network neutrality legislation should be realized only when it is necessary, due to changes in the market or due to problems in the electronic communications market

5 29.9.2014HAKOM © 20145 Provisions on the net neutrality in the TSM proposal Article 23. Freedom to provide and avail of open Internet access and rasonable traffic management : end users ● freedom to access and distribute information and content, run applications and use of their choices services via IAS ● freedom to agree the provision of specialized services with enhanced quality of service (shall not impair general quality of IAS) ● reasonable traffic management measures (4)

6 29.9.2014HAKOM © 20146 Provisions on the net neutrality in the TSM proposal ● reasonable traffic management measures shall be transparent, non discriminatory, proportionate and necessary to: 1.implement a legislative provision/court order or prevent serious crimes 2.preserve the integrity and security of the network 3.prevent the transmission of unsolicited communication 4.minimise the effects of network congestion.

7 29.9.2014HAKOM © 20147 Provisions on the net neutrality in the TSM proposal Article 24. Safeguards for quality of service ● NRAs shall monitor the effects of specialised services on cultural diversity and innovation ● NRAs shall have the power to impose minimum quality of service requirements on providers (to prevent the general impairment of quality of service for IAS) ● NRAs provide Commision and BEREC proposed course of action ● The Commision may adopt implementing act.

8 29.9.2014HAKOM © 20148 EU Parliament’s amendments EU Parliament’s amendments ● Specialised services shall only be offered if the network capacity is sufficient to provide them in addition to IAS ● Traffic management measures shall not be maintained longer than necessary (less reasonable reasons) ● BEREC- lay down general quidelines (after consulting stakeholders and Commision) for the implementation of the obligations of NRA for safeguards for quality of service + Article 24 a (new) + Article 24 a (new) Commision and BEREC= review the functioning of the provisions on specialised services

9 29.9.2014HAKOM © 20149 BEREC position BEREC position ● Reasonable traffic management measures: New paragraph: if it is necessary to comply with explicit request/consent of the end user….. ● BEREC proposed to add obligations on ISPsto provide informations to NRAs regarding traffic managment ● BEREC quidelines instead of Commision impelementing act

10 29.9.2014HAKOM © 201410 BEREC conclusion BEREC conclusion TSM: too rigid and incomplete system New legislative tools: Should be based on the identification of specific regulatory problems and development of tailored solutions to them…

11 29.9.2014.HAKOM © 201411 Thank you for your attention

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