ANACOM publishes annual report on open Internet (2023-2024)


ANACOM discloses the Report on open Internethttps://www.anacom.pt/render.jsp?contentId=1790450, reflecting the monitoring and supervision activities carried out by this Authority, with regard to the 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), during the period between 1 May 2023 and 30 April 2024.

ANACOM has carried out a number of monitoring activities to ensure compliance by Internet access service providers (ISPs) with the rules on open Internet access, in particular the provisions of articles 3 and 4 of the TSM Regulation.

In this context, it is particularly relevant to consider the supervisory actions related to the application of the decisionhttps://www.anacom.pt/render.jsp?contentId=1742492 on zero-rating and similar offers in Portugal to ISPs in the context of the open Internet. This decision was approved by ANACOM on 1 March 2023 and established the cessation of zero-rating and similar offers that did not comply with the applicable legal framework.

It is also important to note that ANACOM is engaged in the ongoing monitoring of the information published by ISPs, both on their websites and in their contracts, in order to guarantee transparency in Internet access, in line with the approach adopted in recent years.

In addition, the Authority continues to analyse complaints that have been submitted directly to it concerning electronic communications services, including those involving Internet access services (IAS).

Throughout the reporting period, ANACOM continued to use NET.medehttps://netmede.pt/ as a supervisory tool, publishing regular reports presenting the main results of user tests. Furthermore, this Authority continued to prepare and publish studies assessing the performance of electronic communications services and the levels of radio coverage of mobile communications systems in various municipalities in Portugal.

ANACOM found that, in general, ISPs were seeking not only to remove zero-rating and similar offers for new subscriptions, by creating offers to replace them or redesigning existing ones, but also to redesign offers in existing contracts, although ANACOM’s decision preserved the possibility of maintaining contracts until the end of the loyalty period if users so wished.

In this context, it should also be noted that monitoring of ISPs’ websites confirms that their portfolios of services available to new subscribers on these channels no longer include zero-rating and similar offers, without prejudice to specialised services.

In the area of transparency, attention is also drawn to the ongoing process of monitoring the information published by the most representative ISPs in the market in their contracts; this monitoring of websites has been extended to other ISPs, with a focus on information on speeds, in accordance with article 4 of the TSM Regulation.

As part of the process of monitoring the application of the TSM regulation, ANACOM has been following the development of IAS, as well as over-the-top (OTT) services, in order to ensure the continued availability of non-discriminatory IAS with quality levels that reflect technological progress.

In addition, ANACOM continued to evaluate and publish relevant information on the performance and coverage of mobile services from a user perspective, based on the tests carried out with NET.mede.

This report and its submission to the European Commission and the Body of European Regulators for Electronic Communications (BEREC) were approved by ANACOM’s decision of 25 June 2024.


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