By decision of 21 June 2018, ANACOM has approved the net neutrality reporthttps://www.anacom.pt/render.jsp?contentId=1456671, regarding application of articles 3 and 4 of Regulation (EU) 2015/2120https://www.anacom.pt/render.jsp?contentId=1373317 of the European Parliament and of the Council of 25 November 2015 (TSM Regulation), referring to the period from 1 May 2017 to 30 April 2018.
Under the TSM Regulation, national regulatory authorities are required to publish reports, on an annual basis, on oversight conducted with regard to these provisions and respective findings, and submit these reports to the European Commission and to the Body of European Regulators for Electronic Communications (BEREC).
In this framework and on a preliminary basis, ANACOM sent a request for information to MEO - Serviços de Comunicações e Multimédia, NOS Comunicações (and group companies), NOWO Communications and Vodafone Portugal - Comunicações Pessoais, which in combination represent more than 99% of the broadband access market (fixed accesses) and users of the mobile Internet access service in Portugal.
The purpose of this request was also to obtain information with a view to:
- evaluating developments in relation to zero-rating and similar practices, subsequent to the information provided in the questionnaire sent out in the previous year;
- understanding the motivations and criteria considered, both in the formulation of zero-rating and similar offers, and in the selection of content and/or applications for inclusion in this type of offer;
- understanding the usage profiles of use by end-users of content and application services, commonly referred to as over-the-top (OTT) services, in zero-rating and similar offers, compared to other Internet access offers;
- assessing the extent to which providers are willing to incorporate other content and/or applications, and the respective precepts that have to be fulfilled for this purpose;
- deciding on other relevant areas covered by the TSM Regulation, including in relation to other commercial practices, in relation to information made available by providers on their offers and complaints, traffic management and quality of service. The aim is to evaluate effective compliance with the TSM Regulation and assess the possible need for ANACOM's intervention to guarantee compliance.
In addition, during the period covered by the report, ANACOM prepared a draft decision on zero-rating and similar practices in Portugalhttps://www.anacom.pt/render.jsp?contentId=1430814 and examined information made available by providers on their websites, as well as information contained in contracts, to assess application of Articles 3 and 4 of the TSM Regulation. In view of the information gathered and other information available to it, ANACOM prepared the report which is now approved (already forwarded to the EC and BEREC).
Consult:
- Report on net neutrality - application of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 (from May 2017 to April 2018) https://www.anacom.pt/render.jsp?contentId=1456669
