LINK TO NEUTRALITY

How the access of Interent contents is influenced by the Telecom Companies

The Internet is born as an equal connection system, providing access to online contents. Every website has always had an equal treatment in order to allow indiscriminate access to online contents. Network neutrality is the principle that all Internet traffic should be treated equally. But, have recentely tryied to influence access to the web contents. With Net Neutrality, Service Providers sell Data packages in accord to what has been required by users. If there wasn’t Net Neutrality, Service providers would create a power elite in giving back contents. Companies pay Service Providers to give priority to their websites. In this way, ISPs determine which websites are accessible for the user and in which order they upload. Service Providers can decide to create different plans depending on which service they offer. If users want to access those websites or applications, they will pay more.

Without Zero Rating

With Zero Rating

RESOURCE:New York Times | 2017

Previous facts

The concept of network neutrality has been around long before the current debate on the Internet. Issues related to the telegraph led to network neutrality’s debate. Problems about neutrality have concerned the Internet since the web has been used by the commercial companies. It happened during 21st century, the debate born after the internet spread. It was born in the United States and moved later to Europe. In 2010, Chile was the first country with a specific Regulation about Net Neutrality. All over 2014, public opinion knows what was going on. Starting from that year, some demonstrations took place in America and in Europe. Over last years, developing countries, such as India, enforced their presence on Internet based issues.

What is happened?

Timeline of global events
Timeline term explanation United States Other countries Europe Comcast is accused by FCC to slowing BitTorrent speeds 2007 The National Congress of Chile is the first country in the world to amend its telecommunica-tions law in order to preserve network neutrality 2010 Protest and general mobilization American Telecomunication provider pourpose a double contract creating a preferential line 2014 Net Neutrality forced to be recongized in the Unite States European Parliament pourpose net neutrality regulation 2015 Telecom Regulatory Authority of India (TRAI) issue binding rules that protect strong Net Neutrality BEREC implements guidlines 2016 The Netherlands became the first European country to implement Net Neutrality legislation 2012 published guidelines about the quality of Internet service in Europe 2003 The term Net Neutrality is used for the first time by 2005 realise the first rule todefine an early concept of NN BEREC FCC Tim Wu Body of European Regulators for Electronic Communications (BEREC) replaced the European Reguolators Group for electronic communications network and services Federal Communications Commission (FCC) regulates interstateand international communications the District of Columbia and U.SThe agency is responsible for implementing and enforcing America’scommunications law and regulations Tim Wu is an American lawyer and Professor at Columbia University. He coined this term to speak about Broadband Discrimination.

Internet users are growing, related to inhabitants and internet coverage. The number of users in developing states is increasing. Unfortunately, this growth is not followed by an appropriate legislation to protect consumers. Law differs from country to country. Legal situation about this topic is fragmented. Some countries have a specific law to defend the neutrality of the network. Some others are working on it. Currently, there are a lot of nations that have no law. Sometimes, that lack is due to the fact that Internet technologies’ development has not already reached the majority of the population. On the other hand, that’s because the government does not care about it. Law about Net Neutrality is currently evolving.

Global situation

Who is involved and how
Map Brazil Paraguay Colombia Japan Korea Rep. Russian Federation Mexico Indonesia Philippines Egypt, Arab Rep. Canada Thailand China South Africa Argentina Colombia Malaysia Australia Ukraine Morocco Ethiopia Uzbekistan Peru Chile Kenya Sudan Ecuador Sweden Denmark Hong Kong SAR, China Tunisia Israel Turkey Cote d'Ivoire Portugal Tanzania Belarus Poland Zambia New Zealand Cuba Mozambique Singapore Congo, Dem. Rep. Senegal Costa Rica Oman Ireland France Netherlands Germany Italy Great Britain Uruguay Mali Madagascar Sierra Leone Latvia Sao Tome and Principe French Polynesia Timor-Leste Greenland Gibraltar Samoa Fiji Mongolia Tonga Namibia St. Lucia Swaziland Kiribati Norway Finland Marshall Islands Vanuatu United States Niger Iceland India Bill + other regulation Law + other regulation Law + other regulation + bill Law Bill Other regulation No law No information Legal situation: Internet users: 5 millions 200 millions 400 millions 600 millions

RESOURCE:Access Now | 2017

In Europe the situation is slightly more homogeneous than in the rest of the World. European Community is regulated by a central commission, called BEREC (the acronym stands for "Body of European Regulators for Electronic Communications"). In 2012, BEREC emanated a first regulation introduced EU-wide provisions on net neutrality. In 2015 European Parliament purpose a regulation. They published BEREC's Net Neutrality Guidelines with application from 30 April 2016. This regulation consists in guidelines and members of the EU could either follow them or not. Because of that, each country has a different approach to this issue. Only few countries have also a national specific law that enforce European guidelines.

Article 1 of Regulation (EU) 2015/2120 on open internet acces says: “End-users shall have the right to access and distribute information and content, use and provide applications and services, and use terminal equipment of their choice, irrespective of the end-user’s or provider’s location or the location, origin or destination of the information, content, application or service, via their internet access service”.

RESOURCE:BEREC Guidelines | 2017

People connetected

Who is involved and how

A large majority of Europeans used the Internet in 2016. However, Internet habits of different countries is very significantly. The 71 % of European citizen used Internet every day. Only 14 % of the European population have never used Internet. High shares of households' broadband connections were recorded in 2016 with significant differences across Member States. In 2016, 83 % of the households had a fixed and, or, mobile broadband connection. Sometimes the number of mobile subscriptions is higher than the number of country population. Some people have more than one subscription. The Mobile subscriptions are recently increasing.

More than of European people use Internet 650 millions
User 2010 2011 2012 2013 2014 2015 2016 30% 20% 10% 40% 60% 80% 100% 50% 70% 90% 0% European average Higher than average Lower than average Austria Denmark Estonia Finland France Germany Luxembourg Netherlands Sweden United Kingdom Bulgaria Croatia Greece Hungary Ireland Latvia Lithuania Malta Poland Portugal Romania Slovakia Slovenia Spain Cyprus Czech Republic Belgium Italy

RESOURCE:World Bank | 2016

Internet subscriptions by European country
Mobile-Fixed2 Austria Denmark Estonia Finland France Germany Luxembourg Netherlands Sweden United Kingdom Bulgaria Croatia Greece Hungary Ireland Italy Latvia Lithuania Malta Poland Portugal Romania Slovakia Slovenia Spain Cyprus Czech Republic Belgium 10M 0 20M 30M 40M 50M 60M 70M 80M 90M 100M Population number Numbero of mobile subscriptions Numbero of fixed subscriptions

Telecom Companies provides telecommunications services. They refers to all type of voice, data and video transmission. In many countries, Telecom Service Providers were primarily government owned and operated, but that there are a lot of cases where they have been privatized. The administers telecommunications and broadcasting regulations, although most countries also have their own Legal Regulatory Bodies to set and enforce telecommunications guidelines. There are a lot of companies in the world, some of that operate in more than one country. The plans change depending on the target and the country laws. During last years, Regulatory Bodies for Telecommunications are fighting against Net Neutrality violations operated by the companies. To defend the neutrality of the network Regulatory body have banned , and .

Zero rating

Zero Rating is when a mobile operator allows customers to use selected content sources or data services like an app, without reduce the bill, which could otherwise occur if the same data were normally charged according to their data plans. There are different types of zero-rating practices. The BEREC guidelines explain that some practices are clearly prohibited – those where all applications are blocked or slowed down once the data cap is reached except for the zero-rated application(s). Others are less clear-cut and will be need to be assessed by NRAs against a number of criteria set out in the Guidelines.

Without Zero Rating

With Zero Rating

RESOURCE:European Commission | 2017

Free websites include in the plans

There are different types of plans Zero Rating practices. BEREC’s Guidelines look at different examples and provide guidance on the extent to which they could be considered permissible under the Regulation. Some European telecom companies include in their data plans free navigation for selected websites. In the following graph, it is possible to see which companies do this kind of service in relation with where they work. Free access is provided to main websites or applications of different categories: social network, music and instant message.

Zerorating2 Poland Bulgaria Netherlands Sweden Romania Czech Rep. Portugal Ireland Spain Lithuania Danmark Italy Malta Germany Greece Austria Finland France United Kingdom Hungary Belgium Slovakia Bite Lietuva Mobistar sa Orange Polkomtel T-Mobile Telenor TeliaSonera Vodafone Deezer Facebook Libon non specified Pokec Spotify T-Mobile Twitter Viber Whatsapp Zonga Telecom companies: Countries: Applications:

RESOURCE:European Commission | 2016

Violation accuses by European companies

Every country has a different approach to the Zero Rating plans depending on the national law situation. Starting from 2015, in some countries companies were accused to violate law about Net Neutrality and Zero Rating. After that, some of those companies had to change their plans. Others tried to reject the accuse. Some accuses have been suspended. Today more than one case is still open. This graphic consolidates information we have available (July 2017) on the current status of telecoms regulator’s considerations of zero-rated offers in Europe.

Accuse Trial ongoing Final accuse for Net Neutrality violation First accuse for Net Neutrality violation Final accuse for zero rating violation First accuse for Zero rating violation Company’s petition 2015 January Aug. Sept. Feb. Apr. oct. Mar. 2017 January 2016 July Nov. Dic. May Telkom Slovenije Vodafone Magyar Telekom Telenor Hungary Si.mobil Telia Hi3G T-Mobile Wind Tre Deutsche Telekom Austria Germany Hungary Italy Netherlands Slovenia Sweden Hutchson Drei Austria Gmbh

RESOURCE:Technologies'legal Edge | 2017