The European Commission is today
launching a public consultation seeking answers to questions on
transparency, switching and certain aspects of internet traffic
management, with a view to its commitment to preserve the open and
neutral character of the Internet.
These questions
have emerged as key issues in the "net neutrality" debate that has
taken place in Europe over the past years, including the recent findings of the Body of European Regulators of European Communications (BEREC).
Input is sought
from all interested public and private parties, including fixed and
mobile internet service providers, Internet content and application
providers (including comparison websites), equipment manufacturers,
transit providers, investors, public authorities, consumers and their
associations. The responses to this consultation will be crucial input
for the Commission's planned recommendations announced by European
Commission Vice President Neelie Kroes on 29 May 2012 (see MEMO 12/389)
Neelie Kroes said: "Today there is a lack of effective consumer choice when it comes to internet offers. I will use this consultation to help prepare
recommendations that will generate more real choices and end the net
neutrality waiting game in Europe. Input from this consultation will
help turn BEREC's findings into practical recommendations."
In particular the Commission seeks views on:
- internet traffic management, including congestion management, managed services and privacy issues;
- transparency, in particular regarding the actual internet performance (speed and quality) and restrictions of internet access products;
- the possibility for consumers to switch operators and
- internet interconnection issues between network operators.
The consultation document and additional information are available at:
Responses to the public consultation should be sent before 15 October 2012.
In November
2009, the EU electronic communications framework was revised. The new
rules include the objective that subscribers should be able to access
and distribute information or run applications and services of their
choice. At the same time, the Commission set out in its Declaration on Net Neutrality its commitment to preserve the open and neutral character of the internet.
Following a more general public consultation (IP/10/860,),
the
Commission published a Communication on the open internet and net
neutrality in Europe in April 2011. At the same time the Commission
asked the Body of European Regulators for Electronic Communications
(BEREC) to undertake a fact-finding exercise on issues crucial to
ensuring an open and neutral internet, including barriers to changing
operators, blocking or throttling of internet traffic and transparency
and quality of service.
On 29 May 2012 BEREC published the
results of its traffic management investigation, which showed that
several fixed and mobile network and service operators apply certain
usage restrictions (blocking or slowing down of certain services)
affecting a significant number of subscribers in Europe.
As the previous consultation was of a
more general nature, this consultation will focus specifically on
transparency, switching and certain aspects of traffic management in
order to provide input for future guidance that the Commission intends
to publish in 2013.

