back to article Euro regulator taps slackademics for neutrality advice

Berec, the EU’s uber telecom regulator, is asking academics sympathetic to pre-emptive regulatory intervention for their expert advice on how member states should write their net neutrality rules. Ofcom has been influential in Europe in exporting its competition-based, empirical policy approach to regulation, and this is …

  1. PaulAb

    I'm A VM

    “Reality is non-negotiable,” Geddes told us today.

    When Dealing with OFCOM or Openreach or BT, Reality is very negotiable.

    I'm off to Ladbooks, I'm Betting on a 27,000 paged report, more holes than a crumpet, and somehow they will manage to compare the effectiveness of these proposals to the shape of the Euro Bananna.

    I'm shutting down now

  2. Anonymous Coward
    Anonymous Coward

    Political not technical

    I think this article, and Martin Geddes' position, misses the point. There is no point criticising the technical solutions until there is agreement on the public policy goals and the barriers to achieving them.

    Net neutrality is about ensuring that end users have open access to all the services they require, without gatekeepers (either ISPs or existing service providers) distorting that for commercial purposes. The public policy goals are primarily to make sure: i) the barriers to entry for new services are kept as low as possible, and ii) pricing (either from the ISP or the service provider) is not used to distort the market.

    If we agree on the main goals, the question becomes how to achieve them. Ideally. maybe, these goals could be achieved by regulation of commercial arrangements. However, experience tell us that that doesn't work well: companies want to keep contracts, and even conversations, secret for commercial reasons; pricing can be manipulated in non-transparent ways; cartels can appear even in the heaviest regulated industries; etc.

    So, we end up falling back on regulating things that can be measured. Mostly technical.

    So the technical discussion shouldn't be about whether the technical rules are "right" but whether they are the rules most likely to influence actions of key players in the direction desired by public policy. I wish Geddes would put his considerable experience and expertise towards that problem and suggest better technical rules to achieve the public policy goals.

    This is a particular need in telecoms, where regulators are mostly captured by the big players and need all the help they can get.

    [Unfortunately I have to post this as AC as I work for a major telecom provider and they would not appreciate me expressing my own views on this topic.]

    1. SundogUK Silver badge

      Re: Political not technical

      "If we agree on the main goals" - which we don't.

    2. Andrew Orlowski (Written by Reg staff)

      Re: Political not technical

      Thanks AC

      This is the nub, really.

      "Net neutrality is about ensuring that end users have open access to all the services they require, without gatekeepers (either ISPs or existing service providers) distorting that for commercial purposes."

      So is competition law. Why is a neutrality regime better than the well established antitrust law which it would replace? Are Marsden and co better competition lawyers than the antitrust lawyers? I don't think so. Do the Net Nannies have some secret knowledge? That doesn't seem to be the case either.

      What Geddes and PSI are arguing is that evidence of wrongdoing may not actually be evidence of wrongdoing - and in that at least, they're right.

      1. Anonymous Coward
        Anonymous Coward

        Re: Political not technical

        "So is competition law. Why is a neutrality regime better than the well established antitrust law which it would replace?"

        Because existing competition law is aimed at the wrong players. In competition law, the entity who is in control ("has SMP") is assumed to be the same as the entity which benefits from the control. In telecoms that is most often not the case.

        The telcos have control and erect the barriers to entry that net neutrality is all about. However, it is the big internet sites (YouTube, Facebook, etc) who are the beneficiaries of those barriers to entry (by preventing disruption, choosing winners, discouraging user-generated content and community-driven services, etc). How is this sleight of hand performed? Using money: the (apparently perfectly competitive) internet sites, pay the controlling telcos (who are open to being paid by anyone so do not fall foul of competiton law) big bucks.

        If competition law was rewritten to remove concepts like SMP and focus on market outcomes then maybe it could do the job. But net neutrality is a more realistic regulatory option.

  3. Graham Marsden
    Devil

    Of course we all know...

    ...that the best way of getting a good deal for customers is to allow Big Business to write the rules for themselves and arrange nice oligarchic deals to make sure that they pay lip service to the idea of "competition" to keep the regulators happy, whilst not rocking the boat too much which would reduce profits...

  4. alissacooper

    Correction

    I am not at the Oxford Internet Institute. I completed my studies there three years ago. My work is not funded by Google. --Alissa Cooper

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