Telecom Notice of Consultation CRTC 2016-192-2: "The official /r/Canada subreddit discussion forum on this topic will run from 9 a.m. (Eastern Time) on 26 September 2016 to 8 p.m. (Eastern Time) on 30 September 2016. To post comments or to “up”/“down” vote this topic during this period, individuals must be registered as users with Reddit (an email, a username, and a password are required to register). As per standard Reddit practices, comments from newly registered users will be private (i.e. not posted online) until they are manually approved by one of the subreddit /r/Canada moderators. The approval turnaround time will be less than two hours between 7 a.m. and 9 p.m. (Eastern Time). Seasoned users will experience no delays in posting their comments online. Individuals can view the online discussion at any time on the /r/Canada subreddit web page; registration is not required for viewing.
Participants are reminded that in this proceeding, the Commission is considering the following policy questions to determine which differential pricing practices, if any, may not be acceptable under the Telecommunications Act:
How should differential pricing practices be defined, in relation to the provision of Internet data plans over wireline and wireless networks?
What are the benefits and concerns about these practices, and do these concerns outweigh the benefits such that regulatory intervention is justified?
What regulatory measures, if any, should the Commission implement?" 'via Blog this'
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Tuesday, September 20, 2016
Friday, September 16, 2016
Slovenia strikes down ban on zero rating, upholds rule of law: Roslyn Layton
I caught this late - European holidays intervened...Slovenia strikes down ban on zero rating, upholds rule of law: "Back in 2012, when Slovenia created their net neutrality rules, lawmakers rejected a provision that outlawed price discrimination. Last week’s ruling against AKOS (which is forthcoming here, but that I learned about from participants at an AKOS-hosted conference) reiterated the Slovenian net neutrality law, saying that “network operators and Internet service providers must preserve the open and neutral nature of the internet. Thus they must not restrict, delay or slow down Internet traffic at the level of individual services or applications.” But it ruled that the definition does not constitute a prescription for the financial treatment of traffic.
The court explained, “The non-charging of transfer of certain data does not constitute a breach… nor can it be regarded as a restriction, restraint, or slowing down Internet traffic at the level of individual services or applications. Nor can it be equated with the prohibition of equal treatment and positive price discrimination cannot be extracted by any interpretative method.”
In other words, the court ruled that price discrimination is allowed under net neutrality law, accepted the competition authority’s explanation of the practice, and confirmed the petitioners’ arguments." 'via Blog this'
The court explained, “The non-charging of transfer of certain data does not constitute a breach… nor can it be regarded as a restriction, restraint, or slowing down Internet traffic at the level of individual services or applications. Nor can it be equated with the prohibition of equal treatment and positive price discrimination cannot be extracted by any interpretative method.”
In other words, the court ruled that price discrimination is allowed under net neutrality law, accepted the competition authority’s explanation of the practice, and confirmed the petitioners’ arguments." 'via Blog this'
BEREC's guidelines on zero rating are another "economics-free zone", populism is the guiding principle - Layton
BEREC's guidelines on zero rating are another "economics-free zone", populism is the guiding principle - Roslyn Layton, Ph.D. Fellow: "If experience is any guide, BEREC will likely get itself into trouble should it adopt such guidelines. After 18 months of deliberation, the Slovenian court ruled against the telecom regulator Akos on four lawsuits which charged that its decisions on zero rating were arbitrary and capricious. The Court declared that the Slovenian net neutrality law cannot be understood a per se prohibition on zero rating. The court also noted that the regulator ignored the economic analysis of the national competition authority. I have followed this case closely and describe it here and here. Telecom regulators, if they are smart will stick to their knitting in economics and not freelance into new territory." 'via Blog this'
Verizon and AT&T Testing Boundaries of Net Neutrality Rules: Fortune
Verizon and AT&T Testing Boundaries of Net Neutrality Rules: "“AT&T is using its latest data-cap exemptions to prop up its satellite-TV business by disfavoring the competitive and diverse video choices people have online,” said Matt Wood, policy director at public interest group Free Press, last week. Wood was similarly critical of Verizon’s Go90 data exemption, when it became public in February.
FCC Chairman Tom Wheeler has not taken a position on the carriers’ zero ratings of their own services yet, but has said his agency will monitor the industry’s behavior. " 'via Blog this'
FCC Chairman Tom Wheeler has not taken a position on the carriers’ zero ratings of their own services yet, but has said his agency will monitor the industry’s behavior. " 'via Blog this'
Wednesday, September 07, 2016
Full text of the CJEU opinion in ex-Davis, Watson and Tele2, with a nice opening paragraph: https://t.co/V8nOelY2v9 pic.twitter.com/zSjKRh5uU9— Steve Peers (@StevePeers) July 19, 2016
Thursday, September 01, 2016
BEREC aims for balance, flexibility as it unveils final net neutrality guidance
BEREC aims for balance, flexibility as it unveils final net neutrality guidance: EUCOM "BEREC stressed that categories of traffic offered by Internet service providers (ISPs) should be based on quality of service (QoS) requirements.
Regarding more general guidance, a new paragraph 21 within the final guidance made clear that operators do not have to secure prior (ex ante) authorisation regarding commercial practices, traffic management, and specialised services.
Looking ahead, BEREC has created a system for ongoing changes to this guidance, with one official telling a Brussels press conference today: “This is not the end of the discussion, but rather the starting point for the next phase.”
The final guidance stressed that BEREC will encourage and help NRAs to exchange their experience of implementing the guidelines, including by annual reports – the first to be provided by June 2017.
The European body said that it would “review and update the guidelines as and when it considers it to be appropriate.”
One question at the press conference was over the risk that NRAs would still interpret the guidance differently, despite their goal of forging a common approach within the European Union.
BEREC officials said that where commercial disputes emerged as a result, the courts would adjudicate.
One official stressed that the guidance was designed to be sufficiently flexible to promote net neutrality in national markets varying widely in size and complexity, and so different NRA rulings were not necessarily a bad result: “There’s no one size fits all,” he said." 'via Blog this'
Regarding more general guidance, a new paragraph 21 within the final guidance made clear that operators do not have to secure prior (ex ante) authorisation regarding commercial practices, traffic management, and specialised services.
Looking ahead, BEREC has created a system for ongoing changes to this guidance, with one official telling a Brussels press conference today: “This is not the end of the discussion, but rather the starting point for the next phase.”
The final guidance stressed that BEREC will encourage and help NRAs to exchange their experience of implementing the guidelines, including by annual reports – the first to be provided by June 2017.
The European body said that it would “review and update the guidelines as and when it considers it to be appropriate.”
One question at the press conference was over the risk that NRAs would still interpret the guidance differently, despite their goal of forging a common approach within the European Union.
BEREC officials said that where commercial disputes emerged as a result, the courts would adjudicate.
One official stressed that the guidance was designed to be sufficiently flexible to promote net neutrality in national markets varying widely in size and complexity, and so different NRA rulings were not necessarily a bad result: “There’s no one size fits all,” he said." 'via Blog this'
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