Telecom company T-Mobile is allowed to restrict free internet access on board trains

The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board of trains of Dutch railway company NS. NS offers riders free internet access on its trains using T-Mobile as provider. In general, it is prohibited to block services on networks. This is laid down in the rules on net neutrality: services that are the same must be treated equally by the internet provider. However, if blocking services prevents ‘congestion’ on the network, an exception may apply.

Internet access for as many riders as possible

The free internet connection on trains has limited capacity, which also varies significantly. For example, if some riders watch movies on their laptops, tablets or cell phones, congestion will occur, thereby affecting other riders because less capacity will be available for their connections. By blocking such ‘bandwidth-consuming’ services, as many riders as possible will be able to use the internet connection. When blocking such services, it must be done on a non-selective basis. Similar services must be treated equally.

Net neutrality: open internet

Under Dutch law, net neutrality must be observed. This helps ensure that the Internet remains open. Having an open Internet is critical for the freedom of information and for the development of innovative services. Net neutrality means that internet providers cannot block access to content or applications. This prohibition does allow for some exceptions. For example, providers may restrict internet traffic to prevent the network from becoming congested. Consumers must be properly informed by their internet provider about such eventualities. Next to the prohibition of blocking services, providers cannot charge a different tariff for services such as WhatsApp or Skype. ACM checks whether providers do not unnecessarily restrict or block internet access.

Investigation

ACM enforces compliance with the rules on net neutrality. Consumer complaints received by consumer information portal ConsuWijzer, or indications received by the ACM hotline may be reason to launch an investigation.