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Report on compliance with Open Internet Regulations

We present the fourth report of the President of the Office of Electronic Communications regarding compliance on the Polish market with Regulation (EU) 2015/2120 of the European Parliament and of the Council regarding access to open Internet in the period from May 1, 2019 to April 30, 2020.

In the report, we have looked primarily at how ISP present information on the quality of services provided, in particular information on download and upload speeds. We have analysed the conditions for the provision of services, with particular emphasis on traffic management measures and specialized services. We also presented data illustrating the quality of internet access services in Poland, as well as the functioning of the service quality monitoring tool made available to consumers by the President of UKE.

Some of the data for 2020 differ significantly from those provided in previous years and result from other user’ behaviors such as remote work, distance learning, and increased demand for streaming services. It’s due to the extraordinary situation that has arisen since the emergence of the SARS-CoV-2 pandemic

The analysis of compliance on the Polish market with Regulation (EU) 2015/2120 of the European Parliament and of the Council in the field of open internet (NN Regulation) covers the period from May 1, 2019 to April 30, 2020.

The assessment of the market situation was prepared based on:

• current activities of the President of UKE, in particular the assessment of contractual documents of internet service providers and the analysis of end users' complaints;

• replies of 27 internet service providers to the UKE questionnaire regarding mainly traffic management measures and rules of  providing specialized services and their impact on the overall quality of internet access;

• measurement data on the quality of internet access services (mobile and fixed networks);

• activities of internet service providers in the field of subscriber rights, in particular:

• compliance of contractual documents with the requirements of the NN Regulation

• subject matter and complaint handling procedures

• offering specialized services

• in terms of traffic management measures applied.

The analysis of the market situation shows that Internet service providers:

• publish information on the quality of services rendered, in particular they indicate clear and understandable information regarding the speed of downloading and sending data in the contractual documents regarding the internet access service;

• do not indicate new specialized services - the most frequently indicated specialist services are still: IPTV television, VoIP and VPN telephony;

• show a decrease in the average level of bandwidth occupancy allocated for the provision of specialized services;

• on the basis of the information provided, they do not apply traffic management measures that may constitute a breach of the provisions of the NN Regulation.

The results of service quality measurements show a clear (compared to previous years covered by the monitorinng) increase in data transmission speed, which is evidenced by the increase in the number of measurements whose download speed results are in the range of 30-100 Mbps and above 100 Mbps.


We invite you to read the report.

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