25 Jun 2010
Ofcom has published a draft discussion paper on the issue of net neutrality as the watchdog seeks opinions on the role it should play in ensuring that internet service providers (ISPs) do not engage in anti-competitive traffic management policies.
The regulator explained that it has some existing powers in this area, including the ability to force ISPs to be transparent in their traffic management policies, and that its remit will grow in 2011 when UK law is brought into line with the rest of Europe.
"At the heart of this discussion is how to ensure that traffic management practices are transparent and not used for anti-competitive discrimination," said Ofcom chief executive Ed Richards.
"New EU rules give regulators a clear responsibility to address issues around traffic management. The question is how Ofcom uses these and existing powers to further the interests of consumers."
Andrew Heaney, executive director at TalkTalk, told V3.co.uk that he welcomed the move and that the company "looks forward to working with Ofcom". He added that he believes existing competition already ensures a fair market for customers.
"UK consumers (unlike US ones) enjoy vigorous competition and, if customers do not like an ISP's particular approach to traffic management, they can easily switch," he said.
"This keeps ISPs honest and thus we agree with Ofcom's initial view that there is no need for a regulator to wade in with bureaucratic rules."
BT also pointed out the UK has strong competition in the broadband market, negating the issue of quality of service issues, but added that ISPs should be free to make their own decision on traffic management and service delivery.
"Internet-based content should be carried like all other internet traffic but service providers should also be free to strike commercial deals should content owners want a higher quality of service delivery," it said in a statement.
The good news for UK consumers is that the UK broadband market is intensely competitive and so it is unlikely that service providers will discriminate against particular traffic since its customers can easily switch to a provider. "
The director of Eclipse Internet Clodagh Murphy, a provider of business broadband, said the firm thought it important that ISPs make their management of internet traffic on the networks transparent.
"Today, it’s imperative ISPs provide customers with greater visibility of web traffic to meet ever growing network demands," she said.
The Internet Service Providers Association (ISPA) also welcomed the move, saying that the industry body "looks forward to the round table discussions with Ofcom and will be responding to the consultation shortly".
Nicholas Lansman, ISPA secretary general, reiterated the group's position on traffic management, claiming that there are benefits to managing bandwidth use.
"By ensuring that the network is managed effectively, traffic management can be a practical and effective technique to ensure a better overall service for users and ensure reliable access to applications such as VoIP, web browsing and email," he said.
"ISPs should inform users in a clear and easily accessible manner whether internet traffic is managed and, if so, why. This allows users to make an informed choice in a transparent manner."
Several countries are debating the issue of net neutrality, including the US, Canada, France and Sweden. The European Commission will publish a consultation on the issue in the coming months.
The Ofcom Traffic Management and Net Neutrality consultation closes on 9 September.
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