Innovation-proof implementation of the Open Internet Regulation for Europe’s digital future

The demands placed on mobile networks today are straightforward compared with the future requirements posed by the Internet of Things, connected apps and the likely tenfold growth in data traffic over the next five years. In a 5G Europe, connected cars, smart transport, the industrial internet, e-healthcare and super-broadband will deliver enhanced consumer and business services. Most of these services have distinctive characteristics, which call for flexible and elastic configuration of network resources on a continuous basis, depending on demand, and the context and nature of the service. An implementation of net neutrality regulation that fails to recognise the differences in the demands different applications place on the network will inhibit the development of the next wave of applications, raise network costs and deter network investment.

The internet should be open and encourage innovation, with connectivity at the centre of the digital future. The Open Internet Regulation, as adopted by the EU legislators last year, strikes the right balance to deliver that goal. Imposing stricter requirements than intended by the Regulation will harm consumers and businesses alike, and hinder Europe’s digital future. Regulators at European and national level must avoid an inflexible interpretation of the Open Internet provisions that might prevent network operators from meeting their customers’ service requirements efficiently and sustainably. The current draft Guidelines, as put forward by BEREC, lack the necessary flexibility and predictability.

Moreover, a harmonised EU-wide implementation is essential to support European scale for services and applications that depend on the Open Internet rules. Member States or national regulators taking unilateral action to implement the Regulation would hamper the rollout of cross-broader services and constitute a step back in the development of the Digital Single Market.

For Europe to fully leverage its mobile expertise, better exploit its Digital Single Market scale, and lead on 5G, policymakers and regulators must ensure the Open Internet Regulation is implemented in a way that enables innovation.