The regulation of the electronic communications market is an EU competency to ensure harmonised regulatory rules in the provision of such services and the associated electronic communications infrastructure within a fully liberalised internal EU electronic communications market. There is currently no legal impediment to operators throttling or blocking access to internet content or for them to charge content companies for faster delivery of their traffic. This however, is now being addressed at EU level.
In September 2013, the EU Commission submitted a proposal to the Council and European Parliament for a “Regulation laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012” which includes proposed obligations on providers of internet access to provide unhindered connection to all content, applications and services accessed by end-users, which is also referred to as Net-Neutrality. This proposal also contains provisions for traffic management measures which will allow operators the necessary flexibility to manage their networks in such a way as to avoid unnecessary congestion.
The Commission's proposal is currently being considered by the Council and European Parliament. We will continue to contribute to the debate at European level with a view to ensuring that any new measures are fair, proportionate and consistent across Europe and will implement any legislative or other action that emerge from this debate.