EC wants to ensure that Net neutrality principles are applied in practice

The report adopted on Net neutrality stresses the need to ensure that citizens and businesses are easily able to access an open and neutral Internet.

From the 25th May 2011, it will enter into force that Member States' telecoms regulatory authorities promote the ability of internet users to access and distribute information or run applications and services of their choice (Article 8(§4)g of the telecoms Framework Directive 2002/21/EC, as amended by Directive 2009/140/EC).

In addition of this new rule, there will be new rules directly relevant to net neutrality  as part of new EU telecoms rules include requirements concerning: transparency (e.g. any restrictions limiting access to services or applications, connection speeds); quality of service (regulators can set minimum quality levels) and the ability to switch operator (within one working day).

The report underlines the need of unblocking because it can take the form of either making it difficult to access or restricting certain services or websites on the internet. Throttling, which is employed to manage Internet traffic and minimise congestion, but it may be used to slow down certain types of traffic and so affect the quality of content, such as video streaming provided to consumers by a competitor. The report also highlights the general consensus that traffic management is necessary to ensure the smooth flow of Internet traffic, particularly at times when networks become congested, and so guarantee a consistent good quality of service. Some parties are concerned about potential abusive traffic management, for example, for the purposes of granting preferential treatment to one service over another.

With regard to the number portability it will require that consumers be able to change their operators and keep their numbers within one working day. The new rules also make sure that conditions for contract termination do not represent a disincentive to switching.

The Commission has asked the Body of European Regulators for Electronic Communications (BEREC) to undertake a rigorous fact-finding exercise on issues crucial to ensuring an open and neutral internet. EC will publish, by the end of the year, a report including the conclusions from BEREC's investigation.