Wednesday, December 03, 2008

Net neutrality - Article 22(3) USD

This is the key amendment (from IPTegrity) for 'net neutrality lite' in the proposals that the Parliament, Council and Commission have worked up - expect this to be the law, and thanks to Ralf Nigge of DT for discussing:

Article 22: Quality of service

1. Member States shall ensure that national regulatory authorities are, after taking account ofthe views of interested parties, able to require undertakings that provide publicly available electronic communications services networks and/or services to publish comparable, adequate and up-to-date information for end-users on the quality of their services, including and on measures taken to ensure equivalent comparable access for disabled end-users. The information shall, on request, also be supplied to the national regulatory authority in advance of its publication.

2. National regulatory authorities may specify, inter alia, the quality of service parameters to be measured, and the content, form and manner of information to be published, including possible quality certification mechanisms, in order to ensure that end-users have access to comprehensive, comparable, reliable and user-friendly information. Where appropriate, the parameters, definitions and measurement methods given in Annex III could be used.

3. In order to prevent degradation of service and hindering or slowing of traffic over networks, Member States shall ensure that national regulatory authorities are able to set minimum quality of service requirements on undertakings providing public communications networks. The Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networks.

These measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

(Amendment 16) A competitive market should ensure that users are able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to prevent degradation of service, the blocking of access and the slowing of traffic over the networks. In particular, the Commission should be able to adopt implementing measures with a view to identifying the quality standards to be used by the national regulatory authorities.

1 comment:

SDJ said...

Cue trench warfare over the setting of "minimum quality of service requirements"...