Net Neutrality The importance of measuring QoS Frode Sorensen NPT and BEREC Net Neutrality Expert Working Group Bits seminar - Net Neutrality vs. the right to discriminate 28 November 2013, Brussels
Net neutrality cartoon version Over-the-top Content and application layer ISP A Internet ISP B Network layer Content/applications are decoupled from the network layer Net neutrality means equal treatment of traffic at the network layer of the Internet 2
Rationale for a net neutrality service model Equal treatment of traffic at the network layer of the Internet However, traffic on other networks could be exempted Specialized services are exempted from net neutrality Therefore it is essential that the specialized services do not have a detrimental effect on Internet traffic Separation of capacity per service category not prioritisation of specialised services over IAS Avoid degradation of Internet access service, e.g. specialised services provided at the expense IAS. Specialised services may be provided with enhanced quality, capacity is dimensioned in relation to amount of traffic, and the traffic load is made predictable using access control (typically based on a subscriptions). 3
NN service model, an international method? NPT: Norwegian guidelines to NN (2009) "if the physical connection is shared with other services, it must be stated clearly how the capacity is shared between Internet traffic and the other services FCC: Report and Order (2010) no definition of specialized services, but specialized services, such as existing facilities-based VoIP BEREC: NN QoS Framework (2011) two kinds of end user services may be provided: Internet access services on one hand and specialised services on the other hand BEREC: NN QoS Guidelines (2012) Definitions of Internet access service and specialised services EC: Proposed Regulation (2013) Including Internet access services and specialised services 4
NN in the 2009 Regulatory Framework Framework Directive Article 8: Regulatory principle (4) The NRAs shall promote the interests of the citizens of the EU by inter alia: (g) promoting the ability of end-users to access and distribute information or run applications and services of their choice; Universal Service Directive Article 20: Contracts Article 21: Transparency Article 22: Quality of service (3) In order to prevent the degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that NRAs are able to set minimum quality of service requirements 5
BEREC s regulatory approach to NN (1) Ensuring that market forces work Transparency is necessary in order for competition to discipline market players. Effective competition also relies on customers ability to switch. (2) Monitoring quality of service Regulators should continuously monitor the quality of Internet offers on the market, aim at detecting degradations of service, evaluate the availability and penetration of unrestricted Internet access offers, and follow the evolution of specialised services, as well as traffic management practices. (3) Acting when necessary Minimum quality of service requirements could take the form of minimum statistical QoS levels (where an Internet access service as a whole being degraded) and/or a prohibition on blocking and throttling (where a particular application is being throttled or blocked). 6
USD 22(3): Prevent degradation of service BEREC s QoS framework (2011) and guidelines (2012) Mission: How to apply USD Article 22(3)? USD Article 22(3) - Quality of service In order to prevent the degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that national regulatory authorities are able to set minimum quality of service requirements on an undertaking or undertakings providing public communications networks 7
BEREC NN QoS approach USD 22(3) Degradation of service which service? Two categories of services: Internet access service (IAS) + specialised services IAS will usually be the one requiring regulatory scrutiny Using the net neutrality service model a) Assess degradation of performance of IAS as a whole Typically IAS vs. specialised services b) Assess degradation of specific applications using IAS Restricted IAS if specific applications are degraded Reasonable/unreasonable traffic management 8
IAS and specialised services defined Internet access service (IAS) An Internet access service is a publicly available electronic communications service that provides connectivity to the Internet. Specialised services Specialised services are electronic communications services that are provided and operated within closed electronic communications networks using the Internet Protocol. These networks rely on strict admission control and they are often optimised for specific applications based on extensive use of traffic management in order to ensure adequate service characteristics. 9
Reasonable traffic management criteria BEREC s «four criteria test» of reasonable restrictions 1. Whether the practice discriminates against any particular content and application provider(s) 2. Whether the practice is applied on the request of and can be controlled by the end-user 3. Whether the practice is proportionate to the objective (whether it is the least intrusive, and least intense measure available, e.g. in terms of frequency and reach) 4. Whether the practice is application-agnostic (in which case it is less likely to raise concerns) 10
Reasonable traffic management purposes Typical examples (1) orders given in statutory bodies of law and court decisions (2) measures to ensure integrity and security of the network (3) the prevention of unsolicited communication (4) measures based on a direct request from the end user (5) dealing with special situations of congestion management 11
The «tricky» congestion management In best effort networks it is normal and unavoidable for the network to reach states of congestion from time to time (i.e. temporary) Congestion in IP networks can occur in two ways: - on an irregular basis, caused by unpredictable/unavoidable situations - on a regular basis, caused by a failure to provide sufficient capacity Congestion control in endpoints: feedback-based adjustments of the transmission rate at which packets are sent into the network ISPs should not be able to claim the use of congestion management as a reason to degrade a specific application if application-agnostic methods can be used instead Also, high traffic load from so-called heavy users can be handled by application-agnostic methods. BEREC NN QoS Guidelines (2012) 12
BEREC NN QoS Monitoring Launched in BEREC Work Program 2013 Two main use cases for quality monitoring systems Providing transparent quality information to end users Gather quality supervision information to regulators for assessment of potential degradation of service BEREC will also examine the possibility and pros & cons of establishing a common opt-in platform, whereby NRAs could coordinate, compare or complement national measurements Upcoming public consultation early 2014 Targeted finishing of deliverable end of 2014 13
Conclusion Net neutrality means equal treatment of traffic at the network layer of the Internet The NN service model contains two service categories: Internet access service (IAS) subject to net neutrality Specialised services exempted from net neutrality Quality monitoring in the context of NN IAS as a whole, e.g. compared to specialised services Individual applications using IAS based on evaluation of reasonable/unreasonable traffic management 14