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Wednesday, December 23, 2009

Article 22, DIRECTIVE 2009/136/EC: Commission takes control of QoS

The net neutrality provisions are transparency in new Article 20, and this (showing that if NRAs do anything, it'll be subject to an effective veto by the Commission):
Article 22: Quality of service
1. Member States shall ensure that NRAs are, after taking account of the views of interested parties, able to require []networks and/or services to publish comparable, adequate and up-to-date information for end-users on the quality of their services... That information shall, on request, be supplied to the NRA in advance of its publication.
2. NRAs may specify, inter alia, the quality of service parameters to be measured and the content, form and manner of the 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.
3. In order to prevent the degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that NRAs are able to set minimum quality of service requirements on an undertaking or undertakings providing public communications networks.
NRAs shall provide the Commission... with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to the Body of European Regulators for Electronic Communications (BEREC). The Commission may... make comments or recommendations... NRAs shall take the utmost account of the Commission’s comments or recommendations when deciding on the requirements.

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