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Mr Sahel Skype Net Neutrality DigiWorld Summit 2011
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Mr Sahel Skype Net Neutrality DigiWorld Summit 2011

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  • 1. Net Neutrality: Final Act Restoring and preserving net neutrality in Europe (now)Jean-Jacques SahelGovernment and Regulatory Affairs, EMEA
  • 2. “There is a near consensus on theimportance of preserving the openness of the internet” (European Commission, 9 Nov 2011)
  • 3. „Broadband without Internet ain‟t worth squat‟ “Ten years ago mobile operators in Europe, North America and North Asia were trying to figure out how to justify the investment in 3G licenses and networks. And now, here we are at the end of 2010 and operators are again trying to work out how to make the business case for rolling out the next-generation of wireless (LTE) and fixed (fiber) networks.” (Informa Mobile Industry Outlook 2011)
  • 4. “First it can’t possibly work, and if it did,damned if we are going to allow the creation of a competitor to ourselves.”
  • 5. “… currently there do not seem to be significant risks and evidence thatexclusionary behaviour is an endemic feature of competition in Europe …”
  • 6. “US: not very competitive” “EU: very competitive”                                 : no restrictions ;  : MNO with restrictions (beyond reasonable traffic management) Including on VoIP, P2P, video, audio, tethering, newsgroups, IM, software updates, etc.
  • 7. The competition law approach “Its not OK for Skype and other such services to be throttled. That is anti-competitive.” (Neelie Kroes, 2011)
  • 8. Transparency on its own will harm net neutrality New EU Telecom Package, inc. basic protections of net neutrality +NRA report confirming transparency as the only „enforcement tool‟ used * =All mobile operators in Sweden movedfrom no restrictions in Internet access to ALL of them restricting VoIP.(* parallel NRA report says more thanhalf of Swedish users don‟t know they can switch, or don‟t know how to)
  • 9. “Transparency is a fundamental mean toachieve regulatory objectives …other net neutrality aspects … need to beconsidered in complement to transparency” (BEREC, draft guidelines on transparency and net neutrality, 2011)
  • 10. Defining the problem accurately “Network neutrality is best defined as a network design principle. The idea is that a maximally useful public information network aspires to treat all content, sites and platforms equally. This allows the network to carry every form of information and support every kind of application” (Tim Wu, 2005)
  • 11. Defining the problem accuratelyWhat the open character of the Internet is about: “End-users should be able to decide what content they want to send andreceive, and which services, applications, hardware and software they want to use for such purposes, without prejudice to the need to preserve the integrity and security of networks and services.” Recital 28, EC Citizens’ Rights Directive 2009 “End-users‟ should have the ability to access and distribute the information or run the applications and use the services of their choice on the Internet, subject to reasonable traffic management”(from Framework Directive + FCC + ARCEP + Norway’Guidelines + Singapore Decision + Dutch bill)
  • 12. Sending the right signals
  • 13. Sending the right signals1. “Internet” = Internet. The only limits, if any, should be on speed or volume. (email + a few webpages is not the Internet; there isn‟t a „mobile Internet‟, etc.)2. Consumers should be clearly informed whether what they are buying is „the Internet‟, or not3. Traffic management deemed reasonable only if exceptional, relevant, proportional, efficient, transparent and non- discriminatory (ARCEP 2010)4. It is neither desirable in any case, nor timely, to charge for Internet traffic delivery or origination5. The open road shouldn‟t be(come) a dirt road, or open only to a lucky few (a high quality (best efforts) Internet should remain)
  • 14. Don‟t wait to support our future:Innovators (and users) cannot wait forever
  • 15. No Net Neutrality = No Digital Agenda targets met (and a much, much smaller telecom industry)