This document summarizes the current state of net neutrality in Europe. It discusses the goals of net neutrality, definitions of net neutrality, and what has been done in Europe so far, including regulations in the 2009 Electronic Communications Framework. It also outlines the reasons the Commission has waited to take action and presents facts from BEREC's traffic management investigation. The document concludes by explaining why the Commission should take action now and outlines a proposed recommendation to provide guidance on transparency, traffic management, switching, and responsible use of traffic management tools.

1. Net Neutrality
in Europe
Speaker: Vesa Terävä
- Head of Unit B2, DG INFSO -
SESERV Workshop
20 June 2012

2. The goals of today’s presentation
• To answer questions regarding net
neutrality in Europe
• To present you the current state of
play
• To provide information on the way
forward in a glance

3. What is net neutrality? No restrictions
Network neutrality is a principle
Basic definition that advocates no restrictions by
Network neutrality is the Internet service providers or
principle that all Internet governments on consumers'
Absolute non- traffic should be treated access to networks that participate
discrimination equally in the internet.
"Network neutrality
is best defined as a
network design Limited discrimination
principle. The idea is Net neutrality advocates have without quality of
that a maximally established different definitions service (QoS) tiering
useful public
of network neutrality, so there is United States lawmakers
information network have introduced bills that
aspires to treat all no common definition. would allow QoS
content, sites, and discrimination as long as
platforms equally.“ – no special fee is charged
Tim Wu, Columbia for higher-quality service.
Law School professor First come first served
“a neutral Internet must
Limited forward packets on a first-
discrimination and come, first served basis,
tiering without regard for quality-
This approach allows of-service considerations."
higher fees for QoS as Susan P. Crawford,
long as there is no Cardozo Law School
exclusivity in service professor
contracts.

4. What is net neutrality in Europe?
Reference to the net neutrality principle in the Electronic
Communications Framework:
« End-users should have the ability
to access and distribute information
or run applications and services
of their choice. »

5. What has been done until now?
• In 2009, the Commission set out in its Declaration on Net Neutrality its commitment
to preserve the open and neutral character of the internet.
• The declaration was followed by a wide ranging public consultation in summer 2010
and a joint summit organised together with the European Parliament in Nov. 2010.
• In April 2011 the Commission published a Communication on the open internet and
net neutrality in Europe.
• It said it would remain vigilant to ensure that the new EU electronic communications
directives adopted in 2009 are properly transposed and implemented.
• These rules modernise the provisions regarding ease of switching, transparency and
quality of service across Europe, and give National Regulatory Authorities (NRAs) the
tools to deal with net neutrality issues.
• The directives had to be transposed by the Member States by 25 May 2011.

6. Why has the Commission waited so far?
1. The EU's new telecoms rules contain provisions
on transparency and quality of service
specifically related to net neutrality. The
Commission had to wait to make sure that
Member States properly implement these rules
into national law.
2. Policy makers have to take into consideration
the interests of all stakeholders.
3. They have to take decisions based on facts.

7. 1. The revised Electronic Communications
Framework supports net neutrality
Net neutrality
Choice Transparency Quality of Switching E-privacy
service
NRAs must NRAs can oblige NRAs can set Initial Surveillance of
promote the service providers minimum commitment communications
ability of end- to publish quality of period shall not and related
users to access transparent, service exceed 24m traffic data,
and distribute comparable, requirements + contract offers without consent
information or adequate and – Art.22(3) with max 12m of the users
run services of up-to-date USD duration concerned, shall
their choice. – information– Art. + conditions and be prohibited –
Art. 8 of 20 and 21 of procedures for Art. 5 ePrivacy
Framework Universal Service termination shall Directive
Directive (FD) Directive (USD) not disincentivise
operator change
- Art. 30 USD

8. 2. Net neutrality stakeholders have
different goals that have to be considered
Content Providers Not e
xhau
stive
want to have:
• access to end-users
End-Users
Internet Service • non-discrimination of
Providers want to have:
their content
want to: • information on what
they pay for
• protect their
investments in • affordable prices
the network • access to all content
• have high return and applications of
on their their choice
investments Transit Providers • good quality of the
want to: internet service
• Keep payment flows • easy switching
as it is

9. 3. BEREC’s work in the net neutrality field
supports the Commission’s activities
In April 2011 the Commission asked BEREC to undertake a fact-finding exercise on issues crucial to
ensuring an open and neutral internet.
Issues BEREC’s results
In October 2010, BEREC published a report on best practices to
Barriers to facilitate consumer switching. Additional information on switching was
changing provided in 2011 based on the output of the Net Neutrality and
operators Switching Questionnaire, issued by BEREC.
In December 2011 BEREC published a framework for quality of service.
Quality of service
In December 2011, BEREC adopted guidelines on transparency in the
Transparency context of net neutrality by identifying best practices and
recommended approaches.
Blocking or On 29 May 2012 BEREC published the results of its traffic management
throttling of investigation, which covered more than 400 fixed and mobile ISPs and
internet traffic gives a very good overview of traffic management practices in Europe.
At the same time, BEREC launched a public consultation on three
Other further issues related to net neutrality, namely:
• quality of service,
• differentiation practices and related competition issues, and
• IP Interconnection.

10. Why should the Commission take action
now?
Ø The evidence from BEREC published in May shows that
there is a problem regarding net neutrality on European
markets
Ø Member States started to take different approaches
regarding net neutrality that would lead to a
fragmentation of the Digital Single Market
Ø Investors need regulatory certainty

11. The facts from BEREC’s traffic
management investigation
• Share of users affected:
• P2P fixed: 21% (plus some of additional 1%)
• P2P mobile: 36% (plus some of additional 6%)
• VoIP mobile: 21% (plus some of additional 18%)
• Mobile restrictions on other specific traffic: 12% (plus
some of additional 10%)
•
• Share of operators that apply restrictions:
• (X% that apply restrictions to all their subscribers
plus y% that apply restrictions to some of their
users)
• P2P fixed: 15% (plus 3%)
• P2P mobile: 24% (plus 11%)
• VoIP mobile: 3% (plus 20%)
• Mobile restrictions on other specific traffic: 3% (plus
5%)
• Countries affected by restrictions imposed on
subscribers:
• P2P fixed: 20, thereof 18 EU MS
• P2P mobile: 23, thereof 22 EU MS
• VoIP mobile: 15, thereof 14 EU MS
• Mobile restrictions on other specific traffic: 9, thereof
8 EU MS
Source: The results of BEREC’s traffic management investigation:http://erg.eu.int/doc/consult/bor_12_30.pdf

12. Member States are adopting different
approaches
• In the Netherlands, on 8 May 2012 a net neutrality law has
been adopted that prevents operators from charging for
internet access services on the basis of the services and
applications run over the internet.
• There is also a proposal for legislation on net neutrality in
Belgium.
• The French regulator ARCEP has published in September
2010 ten net neutrality principles. On April 12, 2011 the
Commission for economic affairs of the French parliament
approved the report on net neutrality of MP Laure de La
Raudière. The report contains 9 propositions.

13. What does the Commission propose?
Guidance on:
• Transparency
• Some elements of traffic management
• Switching
• The responsible use of traffic management tools

14. The Recommendation will affect positively
both consumers and the industry
Choice
This guidance will
boost consumer
confidence and choice
Regulatory Innovation
certainty It will stimulate
Under the current innovation by
economic enabling new
circumstances business models
predictability and Recommendation and by facilitating
regulatory the market entry of
certainty is key for content providers
telecom operators and innovative
and content businesses.
providers.
Growth, investments
It will help grow the
Internet economy and
the roll out of high-
speed Internet.

15. • Thank you
• for your attention!