UKE President's report on the open internet

UKE President's report on the open internet

The President of UKE has analysed compliance in the Polish telecoms market with the provisions of Regulation (EU) 2015/2120 of the European Parliament and of the Council regarding access to the open internet from 1 May 2023 to 30 April 2024.

In its eighth report, UKE looked at the commercial practices and traffic management measures used by internet access providers and the specialised services provided. It also analyses how the information required by Article 4(1)(d) (first part) of the Regulation is presented in contractual documents.

The report also presents data on the quality of the Internet access service.

The analysis of the market situation shows that all audited service providers have introduced the changes required by the Regulation in their contractual documents, in particular they have introduced the required information on the quality of the service provided. However, these changes, especially with regard to information on the speed of the services offered, have not been introduced in a uniform manner and do not constitute a fully transparent source of information, which has resulted in some cases in the necessity to initiate administrative proceedings due to the failure of the controlled service providers to remedy the irregularities indicated in the post-inspection recommendations within the set deadline.

In the period covered by this report, the President of UKE controlled the compliance of the largest mobile operators providing Internet access services with Article 3(2) and (3) of the Regulation. This audit confirmed that all the inspected operators sell access to selected services and content in a "zero rating" model. As a result, the President issued recommendations to the operators ordering them to change their practice.

No negative impact of the provision of specialised services on the availability and overall quality of the internet access service was identified.

The use of traffic management practices in breach of the principles of access to the open internet as set out in Article 3(3) of the Regulation has not been identified.

There has been a noticeable increase in download speeds over recent years. The average speed has increased from 50.6 Mbps in 2020 to over 130 Mbps in 2024, an increase of almost 160%. Over the same period, the average upload speed has increased by more than 100%, from a level of 21.4 Mbps in 2020 to a level of 49.1 in 2024

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