http://www.ofcom.org.uk/consumer/2010/06/ofcom-opens-debate-on-net-neutrality/

Ofcom today published a discussion paper on the practice of internet traffic 
management – a technique used by network operators and internet service 
providers (ISPs) to stem or accelerate the flow of traffic over the web. 
This practice may allow network operators and ISPs to handle traffic more 
efficiently, to prioritise traffic by type, to guarantee bandwidth or to block 
or degrade the quality of certain content.
However, it has also led to concerns that network operators and ISPs could 
engage in anti-competitive behaviour and suppress the quality of content from 
provider services.

Discussion
Ofcom has some existing powers and duties which could be applied to traffic 
management, for example, by requiring suppliers to be transparent about their 
traffic management practices. These will be 
strengthened by amended EU rules that will be transposed into UK law in 2011. 
In addition Ofcom has existing competition powers that may be relevant.
The purpose of today’s paper is to open up a discussion on how these existing 
and future powers might be used to address traffic management concerns and what 
stance Ofcom should take on any potential anti-competitive discrimination.
It also raises questions about transparency and consumers’ awareness of the 
traffic management policy of the broadband service they have paid for.

‘Further the interests of consumers’
‘New EU rules give regulators a clear responsibility to address the emerging 
issues around traffic management. The question is how Ofcom uses these and 
existing powers to further the interests of consumers, while supporting 
vibrant, innovative content production and network deployment,’  said Ofcom 
Chief Executive, Ed Richards.
‘The internet is playing an increasingly central role in the lives of citizens, 
consumers and industry. It provides access to an ever growing range of content, 
applications and services that we have come to both 
expect and depend on. How this access is controlled by ISPs affects us all and 
is of wide reaching significance.
‘At the heart of this discussion is how to ensure that traffic management 
practices are transparent and how to ensure that traffic management is not used 
for anti-competitive discrimination.’

What is net neutrality?
Net neutrality is a concept based on the internet being a level playing field 
for internet traffic. There are several definitions, but all share a concern 
that traffic management by network operators and ISPs could lead to 
discrimination between different traffic carried over the internet.

What is happening in other countries?
In line with the growing significance of the internet and its increasingly 
central role in peoples’ lives, international interest in ‘net neutrality’ and 
traffic management has increased significantly over the last two years.
Other countries including the US, Canada, France, Norway and Sweden have 
adopted or are considering some form of regulatory requirements relating to 
traffic management. The European Commission is due to 
publish a consultation on the issue this summer.

Why is Ofcom involved?
Ofcom has existing powers and duties in this area and these will be 
strengthened by amended EU rules that will be transposed into UK law in 2011. 
These include potential powers to oblige operators to be transparent about the 
traffic management techniques that they put in place.

What happens next?
Ofcom is seeking preliminary views on the issues raised in its discussion 
paper. It will also conduct a series of roundtables with industry, citizen and 
consumer groups over the summer.
The discussion paper can be found here 
http://www.ofcom.org.uk/consult/condocs/net-neutrality/ and closes on 9 
September 2010.



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