16 European Community Members slow to implement New Telecommunication rules

Yesterday the European Commission has urged 16 member states to fully implement the new EU telecoms rules into national law.

Partial implementation of the EU telecoms rules, adopted last May, limit consumers’ rights in these member states. The new rules give EU customers new rights regarding fixed telephony, mobile services and Internet access.

Under the new rules consumers have the right to switch telecoms operators in one day without changing their phone number and the right to clarity about data traffic management practices employed by ISPs. They enjoy better protection of privacy and personal data online as well.

The Commission’s requests take the form of “reasoned opinions.” Member states that do not fully implement the new laws risk referral to the European Court of Justice and potential financial penalties.

The 16 Member States are Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, The Netherlands, Poland, Portugal, Romania, Slovenia and Spain.

While legislative processes are ongoing in all EU member states and a majority of them have informed the commission of some implementation measures, only 7 countries (Denmark, Estonia, Finland, Ireland, Malta, Sweden and the UK) met the 25 May 2011 deadline for full implementation.

Therefore, in July 2011, The EC wrote to 20 member states requesting further information on implementation. Latvia, Lithuania, Luxembourg, and the Slovak Republic have since notified full implementation to the Commission
(Source: INTUG)

Europe’s NRAs Investigate Traffic Management Practices

Europe’s national regulators are to launch the first pan-European investigation into telecoms companies’ controversial data traffic management practices, in an attempt to safeguard so-called net neutrality principles, the Financial Times reports (registration required).

The NRAs will scrutinize whether fixed-line phone and mobile operators are giving consumers enough information about their traffic management policies, which can slow down customers’ internet connections.

INTUG welcomes the action by EU regulators to investigate traffic management activities by network service providers. The issue of network neutrality is of great concern to business users who depend on open access to content and applications without risk of blocking or non-transparent discrimination.
Nick White, INTUG’s Executive Vice President said,

“Business users must be able to rely on uninterrupted use of on-line processes between supply chain partners and between suppliers and customers. The action of one network service provider in the chain must not be allowed to interfere with ongoing business in an unpredictable way. Differentiation of traffic in justified circumstances is acceptable, provided the rules are declared in advance and are transparent to all stakeholders. This needs clear and consistent rules for classifying applications and content, and for transparency in traffic management activities.”

INTUG’s submission to the consultation on network neutrality is available here.
The European Commission will unveil proposals to foster a neutral and competitive Internet today.
Source: Financial Times, INTUG, EurActiv

European Parliament pushed to maintain Net Neutrality and Open Internet Policy

Yesterday the European Parliament (EP) adopted a clear-cut position on net neutrality, giving the priority to maintaining an open Internet for all rather than increasing its use for commercial purposes.

A resolution passed by MEPs in Strasbourg calls on the European Commission to ensure that “Internet service providers do not block, discriminate against or impair the ability of any person to use or offer any service, content or application of their choice irrespective of source or target.”

As the Internet evolves into a crucial market for an ever-increasing number of services, many ISPs are stepping up their attempts to prioritize certain traffic in order to offer the best and quickest services to those who pay more.

Most controversial is the intentional slow-down of Internet connections – also referred as ‘throttling’ – for clients who do not pay the full price. Some are even inclined to block specific services such as Skype, to avoid competition with their traditional telephony services.

In their resolution, MEPs did recognize the need for a “reasonable” management of data traffic to ensure that the Internet continues to run smoothly. However, the parliament also clearly underlined that anti-competitive practices should not be allowed.

MEPs asked the Commission to “closely monitor the development of traffic management practices and interconnection agreements, in particular in relation to blocking and throttling of, or excessive pricing for, VoIP and file sharing, as well as anticompetitive behaviour and excessive degradation of quality”.
The text adopted reiterated privacy and data protection concerns raised by the European Data Protection Supervisor (EDPS) who issued an opinion last October warning of “serious implications” for the security of personal data due to an excessively intrusive interpretation of traffic management.

EU Digital Agenda Commissioner Neelie Kroes stands accused by many MEPs of keeping an “ambiguous” approach to net neutrality.
The commission indeed refrained from taking a definitive position on traffic management in its communication on net neutrality published last April.

However, it did made clear that further monitoring of dubious practices was required and could lead to regulatory measures in the future.
This analysis is still ongoing, explained Kroes’ spokesperson Ryan Heath.

“The Commission is monitoring the development of traffic management. To this end it has tasked BEREC (the Body of national telecoms regulators) to carry out investigations on net neutrality and traffic management, including instances of blocking and throttling. This work is currently ongoing.”

It remains unclear at this stage whether the commission will come up with new “guidance” for the sector or with binding legislation.
In December the EU telecoms ministers will discuss net neutrality. By the end of this year or the beginning of 2012 the commission is expected to conclude the analysis of traffic management practices.

Read the full article (EurActiv).
Also noteworthy: Traffic jams, ISPs and net neutrality (GigaOm).
Source: EurActiv

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Related posts on intug.org:

1. EC Committed to Open Internet Principles
2. Europe’s NRAs Investigate Traffic Management Practices
3. EC Launches Consultation on Net Neutrality