HAKOM has Published Report on the Implementation of Regulation (EU) 2015/2120NEWSOnce a year, the national regulatory authorities are obliged to publish monitoring reports and results and submit them to the European Commission and BEREC. Reports must be published on an annual basis.
ZAGREB, 30 June 2017 - On 25 November 2015, the European Parliament adopted the Regulation (EU) 2015/2120 on the establishment of measures regarding the Internet access and amendments to Directive 2002/22 / EC on Unified Services and User Rights in respect of Electronic Communications Networks and Services and Regulation (EU) no. 531/2012 on roaming on public mobile communications networks in the Union (hereinafter: the Regulation). The Regulation, among other things, deals with aspects of net neutrality: the guarantee of the right to open access to the Internet, the permitted traffic management measures, the specialized service, transparency and supervision. According to the Regulation, the end users have the right to access and distribute all content on the Internet by means of all terminal devices regardless of the location of the content provider. The Agreement of the Provision of Internet access can define prices, the amount of data and speed of the Internet access but such a contract may not restrict or reduce the right to the access to the open Internet. Also, Internet access providers are obliged to treat all traffic equally. In particular, they are prohibited from blocking, slowing down, altering, restricting, interfering with, degrading or discriminating between specific content. However, reasonable traffic management measures are permitted, provided they are administered on transparent, non-discriminatory, relative way and not based on any "commercial reasons". These measures must not control content and may not take longer than is necessary. Internet access providers can provide specialized services that require a certain level of quality. These services can be provided only if the operator has sufficient network capacity enabling him to offer specialized services along with the regular services of the Internet access without disturbing the quality of standard Internet access. Also, the operator may not use or offer specialized services as a substitute to a regular internet access service. In the provision of Internet access service contracts the users will need to know how traffic management measures can affect the quality of services and the protection of personal data, what impact the specialized services may have on their Internet access as data volume limitations and transfer rates affect Internet access. In fixed networks, the users will need to get clear information about the minimum, standard and maximum speed of Internet access. In mobile networks, users must get information on the displayed and expected maximum speed of this information in order to ensure that shorter speeds can affect their right to internet access.
On August 30, 2016 BEREC (Body of European Regulators for Electronic Communications) published "Guidelines to the National Regulatory Authorities on the Implementation of the Network Neutrality Rules" (hereinafter: Guidelines). The Guidelines provide guidance for NRAs to take into account when implementing the rules and assessing specific cases. With the adoption of the Guidelines, BEREC has provided NRAs with a basis to enforce the Regulation consistently. The National Regulatory Authorities (HAKOM) are obliged to monitor and ensure compliance with the provisions of the Regulation and to promote the continued availability of non-discriminatory Internet access services to the level of quality reflecting technological progress. To that end, national regulatory authorities may impose requirements relating to technical characteristics, minimum quality of service requirements and other appropriate and necessary measures for one or more public electronic communication services providers, including Internet access providers. National regulatory authorities are obliged to publish monitoring reports and results once a year and submit them to the Commission and BEREC. Reports must be published on an annual basis, national regulatory authorities should publish annual reports by June 30 for the period from 1 May to 30 April. For more information on HAKOM's annual report please contact: HAKOM Report on the Implementation of Regulation (EU) 2015/2120 for the period from 30 April 2016 to 30 April 2017 (pdf). # # # For additional information please contact: Croatian Regulatory Authority for Network Industries (HAKOM) Roberta Frangeša Mihanovića 9 10110 Zagreb, Croatia Tel. + 385 (0) 1 700 70 07 Fax + 385 (0)1 700 70 70 Media inquiries can be submitted online using HAKOM’s official website: Registration required.
ABOUT HAKOM: HAKOM (www.hakom.hr) - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary competencies in market regulation.
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