Ofcom has updated its guidance on the application of ‘net neutrality’ rules in the UK market.
The media and telecommunications regulator is responsible for monitoring and ensuring compliance with the net neutrality rules and providing guidance on how broadband and mobile providers should follow them.
The principle of net neutrality is that internet users – not their broadband or mobile provider – have control over what they do online.
Ofcom says that since the current rules were put on place in 2016, there have been a number of significant developments, including a surge in demand for capacity, the emergence of several large content providers such as Netflix and Amazon Prime, and evolving technology including the rollout of 5G.
“We want to make sure they can also innovate, alongside those developing new content and services, and protect their networks when traffic levels might push networks to their limits,” said Selina Chadha, Ofcom’s Director of Connectivity. “We believe consumers will benefit from all providers across the internet innovating and delivering services that better meet their needs.”
There is clarity for operators looking to support gaming applications that require low latency and for the development of new ‘specialised services’, which could support applications like remote surgery and driverless cars or use ‘traffic management’ measures to avoid congestion over their networks at peak times.
Significantly, Ofcom does not see a need to allow broadband and mobile providers to charge content providers for carrying their traffic. It points out that such a change would require a change to the rules and therefore be a matter for Government and Parliament.
Ofcom’s Net Neutrality rules
- ISPs can offer premium quality retail offers: Allowing ISPs to provide premium quality retail packages means they can better meet some consumers’ needs. For example, people who use high quality virtual reality applications may want to buy a premium quality service, while users who mainly stream and browse the internet can buy a cheaper package. Our updated guidance clarifies that ISPs can offer premium packages, for example offering low latency, as long as they are sufficiently clear to customers about what they can expect from the services they buy.
- ISPs can develop new ‘specialised services’: New 5G and full fibre networks offer the opportunity for ISPs to innovate and develop their services. Our updated guidance clarifies when they can provide ‘specialised services’ to deliver specific content and applications that need to be optimised, which might include real time communications, virtual reality and driverless vehicles.
- ISPs can use traffic management measures to manage their networks: Traffic management can be used by ISPs on their networks, so that a good quality of service is maintained for consumers. Our updated guidance clarifies when and how ISPs can use traffic management, including the different approaches they can take and how they can distinguish between different categories of traffic based on their technical requirements.
- Most zero-rating offers will be allowed: Zero-rating is where the data used by certain websites or apps is not counted towards a customer’s overall data allowance. Our updated guidance clarifies that we will generally allow these offers, while setting out the limited circumstances where we might have concerns.
