UK regulator Ofcom has published a discussion paper on the practice of internet traffic management, a technique used by network operators and ISPs to stem or accelerate the flow of traffic over the web, and net neutrality, a concept based on the internet being a level playing field for internet traffic. The practice of internet traffic management has led to concerns that network operators and ISPs could engage in anti-competitive behaviour and suppress the quality of content from provider services. Ofcom has some existing powers and duties which could be applied to traffic management, for example, by requiring suppliers to be transparent about their traffic management practices. These will be strengthened by amended EU rules that will be transposed into UK law in 2011. In addition Ofcom has existing competition powers that may be relevant. The aim of the paper is to open up a discussion on how these existing and future powers might be used to address traffic management concerns and what stance Ofcom should take on any potential anti-competitive discrimination. The consultation also raises questions about transparency and consumers' awareness of the traffic management policy of the broadband service they have paid for. Other countries including the US, Canada, France, Norway and Sweden have adopted or are considering some form of regulatory requirements relating to traffic management. The European Commission is due to publish a consultation on the issue in summer 2010. Ofcom is seeking preliminary views on the issues raised in its discussion paper. It will also conduct a series of roundtables with industry, citizen and consumer groups over the summer. The consultation closes on 09 September.
