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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: net neutrality

Posted in Copyright, Data Protection & Privacy, Policy & Regulation, Technology

Live webinar: On March 17 academic all-stars debate the hottest topics in Tech

In a March 17 live stream webinar, a panel of academic all-stars will discuss the key legal and tech trends for 2017, including regulation of artificial intelligence, the disruptive potential of blockchain, competition law and big data, global privacy and copyright trends, and the future of net neutrality. 

Our panel will also share insights into the tech priorities of Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Falk Schoening

BEREC stakeholder forum: Revisiting the scope of bundling in the EU

At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.

On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading

Posted in Digital Single Market (EU), Internet, Policy & Regulation Winston Maxwell

DSM Watch: Hogan Lovells partner discusses net-neutrality at BEREC forum

Below are the remarks of Winston Maxwell at the October 17, 2016 BEREC stakeholder forum in Brussels.

The FCC’s open Internet order and the BEREC guidelines on net neutrality are similar in how they analyze commercial offers by ISPs and practices such as zero rating. Both BEREC and the FCC recognize that commercial practices do not lend themselves to a … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

Court of Appeals Upholds FCC’s Open Internet Order

In a major victory for the Federal Communications Commission’s democratic majority, the U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order on June 14, 2016.  The 2-1 decision by the D.C. Circuit Court of Appeals likely is not the last word on net neutrality because broadband service providers will very likely pursue rehearing from … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

“New Charter” Conditions Go Beyond Open Internet Rules

On May 10, 2016, the Federal Communications Commission (“FCC”) released its Memorandum Opinion and Order approving Charter Communications Inc.’s (“Charter”) acquisition of Time Warner Cable Inc.  The merged entity, called “New Charter,” will be the second-largest broadband provider with 19.4 million users, and the third-largest cable television provider with 17.4 million customers.  The approval of the merger, however, did not … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Alexander Maltas

The FCC’s Consumer Broadband Labels: An avenue for meeting the FCC’s Open Internet transparency requirements?

On April 4, 2016, the Federal Communications Commission (FCC), in collaboration with the Consumer Financial Protraction Bureau, unveiled standardized consumer broadband labels that will list information about the price and performance of fixed and mobile broadband service. While the FCC will not require broadband providers to adopt the broadband labels, the FCC explained that the labels will provide a safe … Continue Reading

Posted in Entertainment & Content, Internet, Policy & Regulation Alexander MaltasTom Peters

India Decision on Zero Rating Highlights Uncertainty Across Borders Regarding Zero-rating Mobile Data Services

A recent decision by India’s telecom regulator to prohibit differential charges for Internet content – which effectively blocked Facebook from offering its Free Basics service in the country – highlights how regulators around the globe continue to work through whether and how “zero-rating” data services may be permissible under their country’s net neutrality framework.  Zero-rating services allow consumers to access … Continue Reading

Posted in Policy & Regulation Charlie Hawes

Hogan Lovells assists Internet of Things policy group in Brussels

On October 26, 2015, the European Commission published the Policy Report of Working Group 4 (WG4) of the Alliance for Internet of Things Innovation (AIOTI). The AIOTI is a group of ICT industry stakeholders advising the Commission’s Directorate General for Communications Networks, Content and Technology (DG Connect) on policy and regulatory matters relating to the … Continue Reading

Posted in Internet, Policy & Regulation Pauline FaronChristine Gateau

Part 2 – French Digital Council Releases Its “Digital Ambition” Report

In the second part of the French Digital Ambition Report (the “Report”), entitled “towards a new concept of public action: openness, innovation, participation“, the French Digital Council highlights the need to induce public authorities to act with more transparency and efficiency. The 15 practical recommendations in this section focus on opening up and digitalizing public services, notably … Continue Reading

Posted in Internet, Policy & Regulation Pauline FaronChristine Gateau

Part 1 – French Digital Council Releases Its “Digital Ambition” Report

On 18 June 2015, the “Digital Ambition” Reportfor a French and European digital transition policy” (“the Report”) was submitted to the French Prime Minister by the French Digital Council (Conseil National du Numérique).

As reported last October 2014, this Report is the result of a five-month (October 2014 – February 2015) national consultation launched … Continue Reading

Posted in Advertising, Internet, Policy & Regulation, Telecoms & Broadband Anthonia Ghalamkarizadeh

Adblocking to extend to mobile markets?

As reported in the press last week, the rise of adblocking appears to be spreading (read our earlier reports here and here). On 14 May, the Financial Times reported that a number of mobile operators are currently developing plans to block advertising on their networks. One unnamed European wireless carrier told the Financial Times that it plans to roll … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark Brennan

U.S. FCC Decision Triggers Potential Sea Change in Broadband ISP Data Privacy and Security Requirements

In its recent Open Internet Order (“Order”), the U.S. Federal Communications Commission (“FCC”) determined that broadband Internet access services are appropriately classified as common carrier “telecommunications services” under the Telecommunications Act of 1996. In doing so, the agency established itself as the primary U.S. data privacy and security regulator for those services and triggered additional requirements under the Act. It … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

US net neutrality principles emerge from FCC staff presentation

On February 26, the Federal Communications Committion (FCC) voted 3-2 along party lines to adopt Open Internet rules.  The FCC Bureau requested to retain “editorial privileges” to the order, which the Chairman granted, meaning that drafting of the text of the order itself will continue for the next several days if not weeks.  According to press reports, the text of … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

U.S. FCC Chairman Announces Title II Net Neutrality Proposal

Coming hot on the heels of an op-ed in Wired Magazine and a more detailed U.S. FCC-released “Fact Sheet,” FCC Chairman Tom Wheeler has proposed Open Internet “net neutrality” rules to the other FCC Commissioners and scheduled a vote on the rules for the FCC’s Open Meeting on February 26, 2015. As discussed below, these rules would … Continue Reading

Posted in Internet, Telecoms & Broadband Mark Brennan

Recent Net Neutrality Developments in the EU and the Americas

With an ongoing rulemaking at the Federal Communications Commission, a pair of Congressional hearings, and President Obama’s recent remarks on the matter, U.S. policymakers have been actively debating net neutrality issues.  However, the U.S. is not alone:  The EU has taken significant steps towards a new net neutrality law, Brazil and Mexico passed legislation last year, and Chile’s regulatory … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Mark Parsons

Hogan Lovells Hong Kong partner interviewed on net neutrality

In a video interview, Hogan Lovells partner Mark Parsons presented the Asian debate on net neutrality. Citing greater retail competition in certain Asian markets, Parsons pointed out that the US debate cannot be transposed as-is to Asia. A “market by market” approach is required, says Parsons. Many Asian markets have “fantastic broadband speeds, so you don’t see so many … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston Maxwell

Net neutrality: French regulator publishes Internet QoS measurements

The French regulatory authority for electronic communications, ARCEP, published its first Internet quality of service (QoS) measurements for net neutrality purposes.  The quality of service measurements are intended to make poor ISP performance more visible to consumers, regulators and upstream content providers. France, like most other countries in Europe, allows Internet access providers flexibility to shape traffic and offer managed Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Telecoms & Broadband Federico Hernández Arroyo

Mexico adopts strict net neutrality framework

The Mexican constitutional reform in telecommunications published last year acknowledged Internet access as a human right. The recent Federal Telecommunications and Broadcasting Law (the “Law”) has introduced many new concepts, such as net neutrality, which was previously unregulated in Mexico. For more information about the constitutional reform and the Law, please refer to the previous article in this issue.

Despite … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband

Net neutrality in Europe: BEREC publishes report on monitoring Internet QoS

Net neutrality has in recent years become a prominent area of interest for BEREC – the Body of European Regulators for Electronic Communications – which is composed of high level representatives of the relevant national regulatory authorities (NRAs) in each EU Member State.  In 2011 the European Commission asked it to undertake a fact-finding exercise on issues crucial to ensuring Continue Reading

Posted in Broadcasting, Policy & Regulation, Spectrum, Telecoms & Broadband Federico Hernández Arroyo

Mexican Telecommunications and Broadcasting Law to enter into effect 13 August 2014

On 10 June 2013, after a fast-track approval, the decree to reform the Mexican Constitution (the “Reform”), mainly in telecommunications matters, was enacted by President Enrique Peña Nieto. The Reform recognized as human rights the access to: (i) information and communications technology, and (ii) broadcasting and telecommunications services, including broadband and the Internet.  Following the Reform, the Federal Telecommunications and … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Winston Maxwell

European Parliament votes to strengthen net neutrality

The European Parliament adopted on April 3, 2014 a series of amendments to the European Commission’s proposed “Connected Continent” regulation.  Among the most controversial amendments are those strengthening net neutrality.  The legislative process is far from over. It is unlikely that the European Parliament’s amendments will survive “as is” in the final regulation.  Nevertheless, the European Parliament’s vote establishes Continue Reading

Posted in Telecoms & Broadband Trey Hanbury

D.C. Circuit Strikes Down Network Neutrality Rules

In a highly anticipated decision, the D.C. Circuit has struck down key provisions of the Federal Communication Commission’s (FCC) network neutrality regulation that banned blocking lawful content and prohibited fixed broadband providers from unreasonably discriminating among content providers.  While the majority of the three-judge panel concluded that section 706 of the Telecommunications Act gives the FCC authority to promulgate rules … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston Maxwell

French court says peering link not “essential facility”

Cogent accused major European telecom operators of violating antitrust rules in their Internet peering and transit practices.  The European Commission is investigating, and launched dawn raids this summer.  Meanwhile, Cogent suffered a legal setback in France. On December 19, 2013, the Paris Court of Appeals denied Cogent’s antitrust claims against France Telecom.

In 2012, Cogent sued France Télécom before the … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston Maxwell

EU Continues Move toward Stricter Network Neutrality Obligations

If new European Union proposals are implemented, European broadband providers may need to comply with expansive network neutrality obligations that are both similar to and different from earlier Federal Communications Commission (FCC) rules. Citing the need for harmonized regulation, European regulators have taken a number of steps this fall toward strengthening Open Internet protections. In September, the European Commission (EC) … Continue Reading