EU Launches Net Neutrality Probe

The European Union has announced a formal investigation into the way Internet Service Providers manage the traffic on their networks, as part of its look into the sensitive subject of net neutrality.

Essentially the EU probe is looking to ensure that all European citizens and businesses have the same access to an open and neutral internet.

“The Commission will be vigilant that new EU telecoms rules on transparency, quality of service and the ability to switch operator, due to enter into force on 25th May 2011, are applied in a way that ensures that these open and neutral internet principles are respected in practice,” the EU said.

No More Throttling?

It warned that it would closely examine any restrictions of “lawful services and applications” that are applied to end users’ broadband connections.

To this end it has asked the Body of European Regulators for Electronic Communications (BEREC) to “undertake a rigorous fact-finding exercise on issues crucial to ensuring an open and neutral internet, including barriers to changing operators, blocking or throttling internet traffic (e.g. voice over internet services), transparency and quality of service,” said the EU.

In a clear message for ISPs to put their house in order, the Commission said it would publish evidence from BEREC’s investigation by the end of the year, including “any instances of blocking or throttling certain types of traffic.”

The investigation promises to be interesting as it covers both wireless (i.e. mobile broadband) and fixed line broadband.

Two Tier Internet

And the official probe could well result in ISPs changing their network management policies, especially if they restrict data intensive services at peak times, an issue dubbed by critics as creating a two tier internet.

For example some ISPs in the UK are known to “throttle” back certain services, such as the BBC iPlayer or even Skype at peak times. ISPs argue that this is necessary to ensure that all their users receive an equal service.

However this is at odds with net neutrality campaigners, who say all traffic should be treated equally. For example last month Sir Tim Berners-Lee (pictured), the man credited as the inventor of the World Wide Web, told ISPs that their plans for a two-tier internet go against the principle of net neutrality.

“I am determined to ensure that citizens and businesses in the EU can enjoy the benefits of an open and neutral internet, without hidden restrictions and at the speeds promised by their service providers,” said Neelie Kroes, VP of the European Commission for the Digital Agenda.

Action Promised

“I am a firm believer in the principles of competition, which are at the core of the new enhanced telecom rules on transparency, quality of service and the ability to easily switch operators. Over the next few months, in close cooperation with Member States’ regulatory authorities, I will be closely monitoring respect for new EU rules to make sure that they ensure an open internet. At the end of 2011, I will publish the results, including any instances of blocking or throttling certain types of traffic.”

“If I am not satisfied, I will not hesitate to come up with more stringent measures, which may take the form of guidance or even general legislative measures to achieve the competition and choice consumers deserve. If this proves to be insufficient, I am ready to prohibit the blocking of lawful services or applications,” she added.

Currently there is no set definition of ‘net neutrality’ but it will be a legal requirement under EU law as from 25 May 2011 that Member States’ telecoms regulatory authorities promote the ability of internet users “to access and distribute information or run applications and services of their choice.”

Other new telecom and ISP rules that are set to become legal requirements in May concern:

• Service transparency (e.g. any restrictions limiting access to services or applications, connection speeds)
• Quality of service (regulators can set minimum quality levels)
• The ability to switch operator (within one working day).

Industry Response

The industry reponse to the EU investigation has so far been somewhat muted.

“ISPA notes the Commission’s announcement that it is to ask BEREC to undertake a fact-finding exercise on the open and neutral internet. ISPA, like Commissioner Kroes, is a firm believer in competition and transparency,” said the Internet Service Provider Association (ISPA).

“We look forward to the report’s findings as we feel that the UK has a very competitive market, improvements are being made in transparency through a voluntary code of practice and consumer switching is being made easier and clearer.”

In November 2010, Culture Minister Ed Vaizey appeared to shun the principle of net neutrality when he said that Internet service providers should be allowed to prioritise traffic from certain content providers.

However, the proposals were met with fierce criticism from political opponents and certain members of the industry.