In Portugal, there is a “strong predominance of zero-rated offers and the like in the commercial portfolio of mobile Internet access providers’ and Even the number of Internet accesses associated with zero-rated offers has increasedbetween February 2021 and April 2022. Data are presented in Anacom Open Online Reportwhich monitors the alignment of the practices of service providers in Portugal, with the principles of net neutrality adopted in the European Union last year, until April 2022.
In the documentThe regulator says it has been closely monitoring the work carried out at BEREC in this area, as well as the content of European Court rulings, adding that “An analysis of zero-rating practices in Portugal is also underway”.
It should be noted that BEREC, the body that brings together European electronic communications regulators, Recently reviewed guidelines European policy of net neutrality, and decided to clarify a topic that has long been controversial. These principles prohibit discrimination and differential treatment of Internet traffic. BEREC has clarified that tariff plans that allow the use of a specific set of applications, without limits and without reflection on the data packet cap, and other plans that do not respect these principles..
Prior to the BEREC decision, already in 2020 and again in 2021, The Court of Justice of the European Union has been asked to rule On the subject and have the same reading, reflected in three different judgments. The documents explained that “This commercial practice is inconsistent with the general obligation to treat traffic fairly, without discrimination or interference.”.
In the report now released, Anacom realizes that “None of the ISPs with zero rating and similar offers […] To any changes after the provisions 02.09.2021 from CJEU”.
Anacom’s conclusion refers to the date set by the regulator for operators to provide information on this subject, but Currently, this type of offer continues to be advertised on the websites of major operatorsas one of the attractions in its definitions of the youth segment.
As stated in the report, “Most of the zero-rated offers and similar offers are reflected in the mobile Internet componenteither stand-alone mobile voice tariffs or mobile voice tariffs included in service packs”, only one service provider has zero rating offerings in the supplementary method.
After the rulings of the European Court in September 2021, the Anacom has begun to include requests for information for operators identifying and describing measures implemented, in progress or planned, in connection with zero-rating offers. and the like. Moreover, based on the responses received since then, he came to the conclusions now drawn which are: Found no changessuch as blocking these offers for new subscriptions, moving to new offers, or others, is an example.
Contacted SAPO TEK MEO, NOS and Vodafone, Moche, WTF and Yorn . tariff holders, respectively, at the time when the BEREC decision was known. So far, he has not received any response from any of the three operators.
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