Policy Submissions
Description
The IET is planning to respond to the Ofcom discussion document – Traffic Management and net neutrality.
Abstract
Net neutrality is a term that refers to how data packets are handled and/or prioritised by ISP’s in order to manage data traffic. Ideally all data traffic should be treated equally but in practice this is becoming increasingly difficult as pressure mounts for ISP’s to carry increasingly heavier amounts of traffic generated by video type applications.
These trends are not restricted to the wireline service providers. Mobile services providers are also experiencing the same challenges, this primarily due to the large take up of the new generation of handsets such as iPhone utilising 3G type services.
The Ofcom summary below provides a fuller picture to the background and reasoning behind the consultation.
IET members wishing to provide their views to help inform the IET response are asked to state their relevant experience. All inputs will be treated confidentially in the production of a corporate view and individual contributors will not be named. “member” should be interpreted as IET technician members, members and fellows and include your name and IET membership number with your response.
You do not have to respond to all questions but please indicate which questions you have made comments on.
The consultation document is available at
Ofcom Executive Summary
1.1
The internet is increasingly central to the lives of citizens, consumers and industry. It is a platform for the free and open exchange of information, views and opinions; it is a major and transformative medium for business and e-commerce, and increasingly a mechanism to deliver public services efficiently. As such it provides access to a growing range of content, applications and services which are available over fixed and wireless networks.
1.2
Many of these services, particularly those which contain video content, require high capacity networks to deliver them. Some networks are already experiencing congestion problems as consumers use 'bandwidth hungry' services. Even in the longer term, as next generation networks are deployed, there may continue to be congestion problems particularly in wireless networks.
1.3
In response, network operators and internet service providers (ISPs) are making greater use of traffic management techniques. These can allow them to handle traffic more efficiently, to prioritise traffic by type, to charge for guaranteed bandwidth or to block or degrade the quality of certain content. . Whilst traffic management potentially offers some benefits to consumers there are also concerns that firms could use traffic management anti-competitively. The increasing use of traffic management also raises questions about consumers' awareness and understanding of the impact that traffic management has on their broadband service.
1.4
There is growing international interest as to whether, and to what extent, traffic management should be subject to regulation. Countries including the US, Canada, Norway and France are considering adopting 'regulatory requirements in this area. On the 17 June the Federal Communications Commission (FCC) began a public process to consider possible frameworks for addressing the high- speed connections most consumers use to access the internet. This includes consulting on options to ensure consumers have access to relevant information about their broadband services and for preserving the open internet.
1.5
Proponents of 'net neutrality' argue that traffic management by network operators and ISPs could lead to discrimination, in turn harming what they see as essential features of today's internet . The debate ranges widely including questions such as whether citizens have a 'fundamental right' to a neutral internet, or whether 'net neutrality' promotes economic competitiveness and growth. These are important questions, but also ones primarily for governments and legislators.
1.6
In Europe the revised European Framework for Electronic Communications Regulation (the Revised Framework) includes some specific changes to legislation designed to prevent the degradation of services and the hindering or slowing of traffic. The revisions, once implemented by the UK Government, will introduce more specific requirements for greater transparency. They will also provide for the UK Government to empower Ofcom to impose a 'minimum quality of service on the internet'. The European Commission has announced that it will publish a consultation on net neutrality soon.
1.7
Against the background of this wider debate, traffic management raises two key questions for Ofcom, in relation to our duty to promote the interests of citizens and consumers in carrying out our functions. These are:
- What stance should Ofcom take on any potential discrimination?
- What is the best way to deliver consumer transparency?
Summary of questions (extract from page 61)
- How enduring do you think congestion problems are likely to be on different networks and for different players?
- What do you think are possible incentives for potentially unfair discrimination?
- Can you provide any evidence of economic and or consumer value generated by traffic management?
- Conversely, do you think that unconstrained traffic management has the potential for (or is already causing) consumer/citizen harm?
- Can you provide any evidence that allowing traffic management has a negative impact on innovation?
- Ofcom’s preliminary view is that there is currently insufficient evidence to justify ex anteregulation to prohibit certain forms of traffic management. Are you aware of evidence that supports or contradicts this view?
- Ofcom’s preliminary view is that more should be done to increase consumer transparency around traffic management. Do you think doing so would sufficiently address any potential concerns and why?
- Are you aware of any evidence that sheds light on peoples’ ability to understand and act upon information they are given regarding traffic management?
- How can information on traffic management be presented so that it is accessible and meaningful to consumers, both in understanding any restrictions on their existing offering, and in choosing between rival offerings? Can you give examples of useful approaches to informing consumers about complex issues, including from other sectors?
- How can compliance with transparency obligations best be verified?
- Under what circumstances do you think the imposition of a minimum quality of service would be appropriate and why?
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