BEREC

Report on the implementation of Regulation (EU) 2015/2120 and BEREC Net Neutrality Guidelines

Document number: BoR (18) 170
Document date: 04.10.2018
Date of registration: 10.10.2018
Document type: Reports
Author: BEREC

This report gives an overview of the activities of the NRAs[1] in the course of implementing the net neutrality provisions of Regulation (EU) 2015/2120[2] and associated BEREC Net Neutrality Guidelines. This report reflects the second year of the application of the Regulation, covering the period from 1 May 2017 to 30 April 2018. BEREC has gathered information from 29 NRAs via an internal questionnaire. NRAs also published in national reports on the second year of application of the Regulation. To this information, descriptions of publicly known net neutrality cases or investigations have been added. These cases arose throughout the 12-month reporting period. However, this report does not constitute an exhaustive description of the current actions in the field of net neutrality.

The information in this report is organized according to the provisions of the Regulation. This report shows that NRAs have actively implemented the Regulation. It is evident that during the second year of the application of the Regulation, the adoption of monitoring methods has increased as compared to the first year. Moreover, quite a few NRAs have dealt with zero-rating cases and a handful of formal decisions was reached.

 

[1] NRA is used in this report as reference to the National Regulatory Authority in the meaning of Article 5(1) of Regulation (EU) 2015/2120 as they have been designated by the national legislator. These do not fully correspond to the NRAs that are BEREC members and observers. See Question 1 below.

[2] This report refers as “the Regulation” to the net neutrality rules contained in Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union.