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ACM warns telecom companies about net neutrality

The Netherlands Authority for Consumers and Markets (ACM) is warning telecom companies that the new European rules on net neutrality must be applied correctly. At this point, ACM is seeing offers from telecom companies that are at odds with these new European rules on net neutrality.

We would like to remind telecom companies of the new net-neutrality rules that came into force on April 30, 2016. Our warning concerns two rules in particular. The first one is that customers are free to choose the device to go online with. And the second rule is that providers are not allowed to alter the quality of video streaming, for example.

ACM will take enforcement actions as soon as it has been granted the legal powers to do so. The bill containing these powers has been submitted to the Dutch Senate. However, the new rules themselves in the European regulation on net neutrality are already in force.

Customers are free to choose the device to go online with

Customers of telecom companies are free to choose the devices (such as smartphones, tablets or laptops) they use for their internet services. In addition, they are also allowed to use their smartphones to share their internet connection with other devices. This is called tethering. At the same time however, telecom companies are also allowed to ensure that customers only use devices that meet the European technical standards.

Internet access service providers are not allowed to alter video traffic

The European net-neutrality rules clearly specify how telecom providers are able to take so-called reasonable traffic control measures. This does not include altering video traffic such as through YouTube, Netflix and NPO (the Dutch public broadcasting system) to the used device. This is allowed in exceptional circumstances only.

About the net neutrality regulation

Since April 30, 2016, net neutrality must be observed throughout Europe, following the adoption of EU Regulation 2015/2120. Although these rules have already been in force for more than two months, their implementation is still ongoing. A bill granting ACM the power to enforce compliance with this regulation in the Netherlands has already been submitted to the Dutch Senate. At a European level, BEREC, a collaboration between European telecom regulators, will issue, no later than August 30, 2016, guidelines, which will explain how European telecom regulators will implement the Regulation.