The service was launched in October 2016, giving customers the option to to stream unlimited music at no additional cost for mobile internet (for the more expensive subscriptions). ACM initially banned the offer because it went against net neutrality. However, in the spring of this year, the Court of Rotterdam gave a ruling that sided with T-Mobile NL. ACM said at the time that it would not appeal.
Bits of Freedom then submitted a enforcement request to ACM, asking the regulator to see if the offering comforms to international regulation. T-Mobile NL said the investigation took place and that all of BoF’s points were rejected. T-Mobile NL’s Datavrije Muziek meets all requirements.
In the decision, ACM said that the service of T-Mobile Data Free Music could be allowed because it meets two conditions. First, there is no distinction between different music streaming services. Any service can join - ACM calls it non-discriminatory. Secondly, ACM said the service does not restrict end user choice or harm any rights.
T-Mobile NL pleased, BoF will pursue
T-Mobile NL said it was happy with the ruling over its zero-rated offer. The service, unveiled in October 2016, could not truly launch while the court cases around were still pending. BoF has six weeks to appeal against ACM’s decision. The organisation said it will fight the ruling.
According to BoF, ACM did not consider the principle that music services can only join the service "as long as they meet T-Mobile's terms".
