Irish regulator finds non-compliance with net neutrality rules

Irish regulator ComReg found non-compliance with net neutrality rules with seven operators: Digiweb, Imagine, Pure Telecom, Three Ireland (Hutchison), Three Ireland Services, Virgin Media Ireland and Vodafone Ireland. The violations relate to transparency obligations.

The EU net neutrality regulation of 2015 requires internet service providers to include a range of information in consumer contracts relating to:

  • traffic management;
  • minimum, normally available, maximum and advertised download and upload speed of fixed networks;
  • estimated maximum and advertised download and upload speeds of mobile networks;
  • remedies available to the consumer where there is a relevant discrepancy regarding speed or other quality of service parameters.

ComReg has been monitoring compliance with these requirements and, with a recent expansion of its powers, has taken formal enforcement action against providers who, it appeared, had not been providing the required information in their customer contracts.

On 18th December 2019 ComRreg notified seven operators – Digiweb, Imagine, Pure Telecom, Three Ireland (Hutchison), Three Ireland Services, Virgin Media Ireland and Vodafone Ireland – of findings of non-compliance with respect to obligations under the EU regulation 2015/2120 of November 2015 (“the Open Internet Access Regulation”).

The companies have until 30th January 2020 to state their views.

If at the end of the period above ComReg believes an undertaking has not complied with its obligations ComReg may apply to the High Court for an order.

Photo Copyright: Adobe Stock | pathdoc

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