UK to EC: no net neutrality issues (that we want to tell you about)

A very strange aspect of the Uk response to the 15th Implementation report: 'Net neutrality was not reported to be an issue at the moment.' (p414)
Really? Well, then why did BT throttle the BBC and why did this happen? I realize the BIS department supplies information in late 2009, but no issues appears a rather strange interpretation of reality. Bear in mind that the department was in thrall to Lord Carter and Mandelson's anti-piracy crusade, as shown in their Brussels lobbying here.