BEREC

How will regulators ensure that the new rules are fully and properly implemented?

How will regulators ensure that the new rules are fully and properly implemented?

The Regulation requires NRAs to “closely monitor and ensure compliance” with the new rules, and to promote the continued availability of non-discriminatory IAS at levels of quality that reflect advances in technology”. BEREC’s Guidelines explain that this encompasses various tasks for NRAs:

  • Supervision. This entails monitoring of various elements, such as the terms and conditions of contracts and the transparency of information, commercial practices (e.g. zero-rating offers in the market), traffic management practices for internet access services, and specialised services. The supervision will be done through assessing the market, conducting technical measurements, and gathering information from various sources, such as ISPs and end-users.
  • Enforcement. The Guidelines set out a variety of interventions that NRAs could make. These include requiring ISPs to deal with any degradation of the internet access service, requiring ISPs to cease or change problematic traffic management practices, requiring ISPs to cease providing specialised services unless sufficient capacity is made available for internet access services, and imposing fines on ISPs for infringements.
  • Reporting. The Regulation requires NRAs to provide to the European Commission and BEREC annual report of their findings regarding the implementation of these rules. BEREC’s Guidelines sets out when these annual reports should be provided and what information should be included in them.

 

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