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Open Access (free)
From policy to law to regulation

This book explains the beginnings of net neutrality regulation in the United States and Europe, and some of the current debate over access to Specialised Services: fast lanes with higher Quality of Service (QoS). It examines the new European law of 2015 and the interaction between that law and interception/privacy. The book takes a deep dive into UK self- and co-regulation of net neutrality. In each of the national case studies, initial confusion at lack of clarity in net neutrality laws gave way to significant cases, particularly since 2014, which have given regulators the opportunity to clarify their legislation or regulation. The majority of such cases relate to mobile net neutrality, and in particular so-called 'zero rating' practices. The book compares results and proposes a regulatory toolkit for those jurisdictions that intend effective practical partial or complete implementation of net neutrality. It sets out a future research agenda for exploring implementation of regulation. The book outlines competition policy's purpose, referring to the exceptionally rigorous recent analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, it then examines what communications regulators actually do: regulating telecoms access based on the UK case study. The book considers whether zero rating poses a serious challenge to Open Internet use. It explores some of the wider international problems of regulating the newest manifestation of discrimination: zero rating. The book also considers the various means by which government can regulate net neutrality.

in 2002. The BEREC role resulted from the political compromise that, instead of the federal European communications regulator longed for by Commissioners since Martin Bangemann in 1997, there should be a coordinatory club of national regulators. 49 There now 37 members of the IRG, comprising the 28 BEREC members, 4 EFTA (European Free Trade Association)/EEA (European Economic

in Network neutrality

analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, I then examine what communications regulators actually do: regulating telecoms access based on the UK case study. This provides insights into how difficult net neutrality regulation will prove in practice, a subject to which we return in Chapter 6 and the concluding Chapter 8 . I then

in Network neutrality

IAPs (and much less often generic ISPs), though when I quote regulators such as CRTC (Canadian Radio-television and Telecommunications Commission), BEREC (Body of European Regulators of Electronic Communications) and Ofcom (Office of Communications Regulation), I will not correct their use of the more generic term ‘ISP’ even though they are specifically referring to IAPs. So why do they use this term

in Network neutrality

all four mobile IAPs (Claro, Entel, Telefónica and VTR) were notified to cease zero rating in 2014. 20 The regulator’s (sub-secretary of communications: Subtel) conclusion was misreported in the developed nations’ media as banning all zero rating from 1 June 2014, when it applied to social networks, notably Facebook and therefore Internet.Org. Subtel stated: ‘las empresas que entregan algunas

in Network neutrality
Privacy, liability and interception

European customers’ content under the Electronic Commerce Directive (EC/2000/31) (ECD) so long as they have no actual or constructive knowledge of that content: if they ‘hear no evil, see no evil and speak no evil.’ 3 Regulators have also been acting as ‘three wise monkeys’ in ignoring evidence that net neutrality is being compromised by IAP decisions to block, throttle and otherwise censor

in Network neutrality
Open Access (free)

Regulatorsregulators’ forum in Barcelona on 2–3 July 2015, when no less than ten national regulators explained their approaches to net neutrality. 13 BEREC met with EaPeReg (Eastern Partnership Electronic Communications Regulators Network), REGULATEL (Latin American Forum of Telecommunications Regulators) and EMERG (Euro-Mediterranean Regulators Group) for the high-level Regulator Summit, representing

in Network neutrality

between television and telephone services in the 1990s. 8 The demise of the pioneering telecom regulator Oftel to be replaced by Ofcom took place gradually over eight years from 1995 (the Office of Communications Act 2002 and Communications Act 2003 fully implemented the new regulator), during which the UK pioneering position in telecoms regulation was lost. By 2003 the UK regulatory landscape had

in Network neutrality
Open Access (free)
Neutrality, discrimination and common carriage

In this book I argue that it is not business as usual for telecoms regulators, and that net neutrality cannot be dismissed as a technical or competition challenge without serious implications for consumers and civil society interaction. I deliberately broaden the debate to consider the structure of the radical changes which Internet Protocol (IP) networks are wreaking on mass communications systems, for voice, data and

in Network neutrality
Towards Specialised Services?

Internet will have a significant impact on their ability to enter new markets. Baseline access could be protected by ‘network neutrality’ rules from communications regulators in the US, EU, and elsewhere. IoT users with very high bandwidth or reliability requirements may be affected by neutrality rules that limit the ability of telecommunications companies to

in Network neutrality