Report on Monitoring the Implementation of Regulation 2015/2120 in Relation to Open Internet Access

Report on Monitoring the Implementation of Regulation 2015/2120 in Relation to Open Internet Access

All internet access service providers adapted their offers to EU Regulation laying down measures concerning open internet access – shows the report of the President of UKE. But there are issues which require further examination.

The analysis of the conformity of practices observed on the Polish market with Regulation (EU) 2015/2120 of the European Parliament and of the Council covers the period from 1 May 2017 to 30 April 2018.

We observed most of all commercial practices and traffic management measures applied by internet service providers (ISP). 

The analysis of market situation shows that ISPs apply transparent procedures in handling subscribers’ complaints and have implemented changes to contracts as required by the regulation. However, these changes, in particular including information about speed of offered services, were not implemented in a uniform way. This issue will be further monitored by UKE. Providers of internet access service provide also specialised services, i.e. services which require a certain level of quality that cannot be provided by means of internet access service provided in the best effort quality. We will be checking if the conditions of providing specialised services and their provision comply with requirements of the regulation. We are also analysing the case of the so-called zero rating offers. IAS providers have in their service portfolios offers comprising zero-rate access to certain types of content, However, analysis is required i.a. with respect to offers in which the zero-rate is applied also after consuming the data packages provided for in the contract. 

One of the priorities from Strategic lines of action of the President of UKE is offering support to consumers and creating market conditions aimed at enhancing the quality of electronic communications services. Pursuing those objectives, by the end of 2018 we plan to make the certificated mechanism for the monitoring of quality of internet access service available to consumers. This tool will enable consumers to make measurements to verify if the quality of provided service is accurate to parameters specified in the contract. 

We invite you to read the report.

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