broadband strategies handbook.pdf - Khazar University

“best efforts” basis, delivering all content on equal terms. Companies wouldbe prohibited from charging content providers for priority or favored access.At the other end of the spectrum, a policy would permit an ISP to engage inany network management practice, including allowing it to block users fromaccessing certain types of legal content, applications, or services withoutthe users’ knowledge. Although a country may not have specific net neutralitypolicies or rules in place, issues related to blocking, delaying, or prioritizingtraffic may be addressed by competition laws, while transparency anddisclosure may be addressed by consumer protection laws or laws protectingfreedom of information or speech.In practice, regulatory authorities are adopting net neutrality policies allalong this spectrum. For instance, a regulator may find that it is not necessaryto regulate ISPs’ network management practices, but that stronger rules ontransparency of traffic management policies are required to ensure that consumersare well informed. This is the case, for example, of the EC policy onnet neutrality contained in the April 2011 report, “The Open Internet andNet Neutrality in Europe” (European Commission 2011). The report framestraffic management as a quality of service issue for consumers relating to (a)the blocking or throttling of lawful Internet traffic and (b) Internet trafficmanagement practices. The EC does not impose any rules or restrictions onthe blocking or throttling of lawful Internet traffic, but it does recognize concernsover possible consumer protection or competition issues. Instead, theEC recommends that national regulatory authorities conduct further inquiriesinto such practices before adopting any rules or guidelines on the matter.Similarly, the EC recognizes that traffic management is necessary to ensurethe smooth flow of Internet traffic, particularly when there is network congestion.As such, the EC does not impose any rules or restrictions on trafficmanagement practices, such as packet differentiation, IP routing, or filteringbetween “safe” and “harmful” traffic. The only rules imposed by the EC inthe open Internet report, aside from the ability to switch providers in onebusiness day, are associated with transparency and disclosure. These rulesrequire Internet providers to ensure that adequate information about theirservices is available to consumers, including identifying any possible restrictionson access to certain services, actual connection speeds, and possiblelimits on Internet speeds. Additionally, providers must make certain thatconsumers are informed about traffic management practices and their effecton service quality (for example, bandwidth caps), prior to signing a contract.Under another approach, a regulator may decide to institute both newnetwork management and transparency rules, but fall short of requiring“pure” net neutrality by permitting ISPs to discriminate against certaintypes of traffic for a specific purpose (for example, to manage congestion)126 Broadband Strategies Handbook