Open Internet and Net Neutrality Rules

CTU informs about the entry into force (as of 30 April 2016) of the provisions of the TSM Regulation (Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access).

The Body of the European Regulators for Electronic Communications (BEREC) issued „BEREC Guidelines on the Implementation by National Regulators of European Net Neutrality Rules“ (hereinafter „Guidelines“). In 2020 this document was amended by „BEREC Guidelines on the Implementation of Open Internet Regulation“.

Concerning open internet issues CTU published „The Statement of the CTU on Selected Questions of Open Internet Access and European Net Neutrality Rules“ (available only in Czech language). This document was complemented by „Annex“ in 2020 which responds to market development after the Statement entered into force. The document consists of the guidance how will the CTU apply the Statement and the Guidelines within the Czech Republic in respect to the rules which needs to be assessed individually and with respect to its national specificities.

In relation to open internet and net neutrality CTU also measures and evaluates selected data network parameters. Methodologies used to measure these parameters are published on the CTU website in section Consumer Protection.

CTU points out, that the Court of Justice of the European Union (CJEU) adopted judgements C 34/20, C-854/19 a C-5/20 on infringement of the Regulation on 2 September 2021. The cases examined concerned the so-called “zero-rating” option. Currently, the Body of European Regulators for Electronic Communications Services (BEREC) is assessing these decisions and their impacts on existing regulatory practice. Based on this assessment, BEREC Guidelines update in the parts governing this issue is expected. CTU will assess each case individually and with regard to the above mentioned case-law.

CTU’s Reports on results of monitoring compliance with Regulation EU 2015/2120

Czech Telecommunication Office as the national regulator for electronic communications in the Czech Republic issues annual reports in accordance with the Article 5 (1) Regulation (EU) 2015/2120 concerning the results of monitoring compliance for the period from May 1 to April 30 of the following year.

The report respects BEREC Guidelines on implementation of European net neutrality rules by NRA’s (especially points 182 and 183). The published assessment is based on updated and evaluated information. The report is submitted to the European Commission and BEREC.