Net Neutrality a regulator’s vision

1. Net Neutralitya regulator’s vision February 27th, 2012 Guillaume Mellier

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

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. 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. BEREC: making the framework come to life • BEREC is building up a common understanding of the main challenges and some methodology • Transparency [Art 21 USD] • Guidelines published Dec 201170+ 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 • 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 • 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 • Interconnection • Open discussion in different fora (BEREC, OECD) • Outputs to be decided

7. Being proactive, without being unnecessarily intrusiveThank you!