HomeInsightsOfcom publishes Statement to assist ISPs on Ofcom’s approach to assessing compliance with net neutrality rules

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As part of its monitoring and compliance work, Ofcom has published a Statement which sets out its approach to assessing compliance with certain aspects of the Open Internet Access Regulation (2015/2120/EU), based on its experience to date. The Statement is intended to help raise ISPs’ awareness of the compliance issues that can arise under the Regulation and to assist ISPs in planning their services and assessing their own compliance with the Regulation.

The document focuses mainly on two areas:

  1. the commercial practice of “zero-rating” data traffic, where data used for specific applications, or types of applications, is not counted toward a user’s data allowance; and
  2. traffic management practices, where ISPs implement measures to optimise their network.

In addition, the document provides a brief overview of Ofcom’s approach to the prohibition on restrictions on the use of terminal equipment (e.g. tethering) and compliance with the EU Roaming Regulation (531/2012/EU) in the context of net neutrality. To access Ofcom’s Statement, click here.