‘Net neutrality’ – a concept without a strict definition – is the subject of a public consultation by the European Commission open until 30 September. At stake is the issue of allowing internet users to be able to access the content of their choice, whereas industry, for commercial reasons, wants “better traffic management” in order to develop services that generate a high level of traffic, such as internet television and video-sharing.

The debate is complex. A general definition of net neutrality is, however, universally acknowledged, says the Commission: it is that internet users should be able to access the content or application of their choice. It is the idea that internet providers “should only be authorised to limit access to the service or commercial content in the case of security problems and spam,” said Digital Agenda Commissioner Neelie Kroes during her parliamentary hearing at the beginning of 2010.

Are current EU telecoms rules (revised in 2009) sufficient? And how much weight should be given to the arguments of telecom operators? The latter have already claimed the need to “apply intelligent traffic management techniques,” because the online flow is increasing, boosted by the development of high-speed services, internet users’ own content and growing connectivity. Suddenly, certain mobile services could be under pressure, whereas the capacity of these networks rests on limited radiofrequency access. The situation is the same for fixed networks, which are increasingly in demand for resource-intensive services in terms of bandwidth, such as internet telephony.

The problem, underlines the Commission, is that these management techniques could also slow down access to services or applications that are not considered a priority (because they generate less traffic and are therefore less profitable) or degrade the quality of other services.

At the same time, Kroes says she is “committed” to keeping the internet open and neutral, while insisting on the need for content providers and operators to have “the right incentives” to keep innovating. “I do not assume that one approach or another should prevail,” she considers. This is why she wants more information on “potential problems linked with certain forms of traffic management” and to determine “whether the new telecom rules are sufficient to tackle them”.

While those who defend the rights of internet users have called for rules to protect net neutrality, industry is refusing to do so.

Professionals are now invited to answer fifteen questions. For example: May exclusive agreements between network operators and content/application/online service providers create problems in terms of quality of service and access to content? Is it necessary to legislate or encourage industry to adopt a voluntary code of conduct?

The consultation is available at www.europolitics.info > Search = 275696