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Article 2: Definitions
The terms used in these regulations shall have the same meanings that are stated in the Communications and Information Technology Act, its executive regulations, and CITC regulations; The following words and expressions shall have the meanings associated with them unless the context requires otherwise:
Article 3: Scope of regulations
Article 4: Open internet access
Article 5: Equal internet traffic
Article 6: Transparency measures
Article 7: Monitoring and supervision
Article 8: Enforcement and Compliance
Guidelines on the implementation of regulations
The guidelines established in this section are to provide stakeholders clarity and guidance on CITC's implementation of the Net Neutrality regulatory framework and determining whether ISP practices comply with the general provisions.
Article 3 – Scope of regulations
a) Article 3-1 sets out the services included within the scope of the provisions of the Net Neutrality framework.
b) Internet access services (IAS) are services that provide end-users and content-providers access to the internet regardless of the network technology (e.g., Fiber-to-the-home, DSL, mobile, satellite, etc.) or the device used (e.g., laptop, tablet, phone, etc.).
c) Interconnection services, whether transit or peering, and content delivery network (CDN) services are distinct from internet access services. Consequently, interconnection and CDN agreements between content providers, ISPs and internet exchange points are not within the scope of the provisions of this document. However, CITC may prohibit interconnection policies of service providers if it has an impact on accessing content under Article 4-1.
For example, if a service provider uses interconnections or CDNs to restrict or block certain lawfully permissible content to end users, this will be considered a breach of Net Neutrality
If the service provider prefers to use certain internet exchange points or CDNs over another, this does not fall within the scope of the provisions of this document.
d) Private networks that use private address spaces are not routed through the public internet and are distinct from internet access services. They are typically used for local area networks (LANs) in residential, office or enterprise environments. This also includes wide area private networks, such as those operated by national utilities. They are not within the scope of the provisions of this document.
Article 4 – Open internet access
Article 4-1 – End-users rights to accessing content
Article 4-2 – Service providers' preserving end-user rights
Article 5 – Equal internet traffic
Article 5-1 – Obligations to treat traffic equally
a) Article 5-1 sets out the obligation on service providers to treat all traffic equally when providing in-scope services without technical or commercial discrimination, restriction, or interference.
b) By treating all traffic equally, data packets need to be processed agnostic to the sender, receiver, to the class of content, or device used.
c) The “class of content" or “content class" refers to content, services or applications that belong to the same category. Some examples of potential content classes included by service providers are, but not limited to:
Classification of content under a certain class can change depending on offerings of the specific website or application; and will be evaluated by CITC on a case-by-case basis. New content classes might emerge in the future.
d) Equal treatment of traffic does not imply end-users will experience the same network performance or quality of services, since packets can experience varying transmission performance.
e) Service providers blocking, slowing down, restricting, interfering with, degrading, or discriminating access to specific content, services, or applications, except during the exceptions of Articles 5-3 and 5-4 are considered to infringe on Article 5-1.
Article 5-2 – Guidelines on differential pricing practices
1. Does the offer have the potential to limit or exclude end-users' access to certain content or applications?
Any zero-rating offer (or similar offers) that limits or excludes end-users' access to content or applications outside of the zero-rating offer despite having the necessary data allowance will constitute a breach of Article 4-1.
Any zero-rating offer (or similar offers) where all content is blocked or throttled when the data allowance is reached except for the zero-rated content may potentially be considered discriminatory and a breach of Articles 5-1 and 5-2.
2. Is the offer exclusive to a particular group of subscribers or select content providers?
Any publicly offered zero-rating package (or similar offers) that is exclusive to subscribers to a particular data plan is likely to be considered a breach of Article 5-2. In-line with the non-exclusivity mentioned in Article 5-2, offers need to be open to any consumer who would like to enroll, without unjustified discrimination.
Any zero-rating offer (or similar offers) that is exclusive to only certain players from a certain class of content is likely to be in breach of Article 5-2.
Service providers need to be transparent to end-users as to which content is included in the zero-rating offer.
Service providers need to be transparent, non-discriminatory, fair, and reasonable in how they classify content under a certain class. The process for content providers to apply to join an offer, needs to be straight forward and transparent. The technical and commercial conditions need to be applicable to all content providers of the same class (this includes local content providers as well). Entry barriers (administrative, commercial, technical) need to be deemed reasonable. Content providers should not be discriminated against based on their location, the origin or destination of their content.
Service providers can provide zero-rating offers to entire classes of content without issue. Service providers can provide end-users their choice of content providers from an entire class.
Any zero-rating offer (or similar offer) which may lead to situations where end-users' choice maybe be materially reduced may be considered in breach of Article 5-2. This will likely occur if zero-rating offers are open to a few applications only.
Article 5-3 – Guidelines on internet traffic management practices
a) Article 5-3 states that the principle of equal internet traffic in Article 5-1 does not prevent service providers from employing internet traffic management measures provided they are reasonable, non-discriminatory, proportionate, and transparent.
b) Service providers can deploy internet traffic management practices at their own discretion; however, CITC may intervene and investigate if potential infringements are observed.
c) Service providers can request for CITC's guidance on their internet traffic management practices. Any CITC guidance at that stage will not be legally binding.
d) Given the varying and evolving nature of user needs and trend, and services offered by service providers, traffic management practices are assessed on a case-by-case basis. The framework below is a general guideline for CITC's assessment of whether traffic management practices are compliant. However, depending on the specific circumstances of the case, other factors may be relevant.
1. Does the internet traffic management address a justifiable need and purpose?
Service providers need to demonstrate that their traffic management practice addresses a particular need or purpose; this can typically include, but not limited to:
Traffic management practices based on commercial agreements are not considered a justifiable need.
Permanent internet traffic management practices are permitted provided they address a justifiable need.
2. Is the internet traffic management practice non-discriminatory?
Service providers need to ensure that practices treat same classes of content equally. This does not preclude service providers from implementing measures which differentiate between different classes of traffic.
Content or services that require similar quality of services to operate properly need to be treated similarly.
If there is any discrimination against an end-user or content, the service provider must demonstrate a justifiable reason.
3. Is the internet traffic management practice proportionate?
Service providers must demonstrate their traffic management measures are necessary and suitable and to address the need in question 1. The traffic management measures have to be appropriate in balancing the competing requirements of different classes.
Service providers must establish that there is not a more effective yet less interfering measure to achieve that need.
Service providers must ensure that such practices are not maintained longer than necessary.
4. Is the internet traffic management practice transparent?
Service providers need to disclose to end-users, through their websites, customer contracts, and terms of service, clearly and prominently, information related to their traffic management practices. Furthermore, any updates to their traffic management practices, need to be conveyed to the end-users.
This should typically include:
Article 5-4 – Guidelines on specialized internet services
1. Does the specialized internet service address a justifiable need and purpose for special services?
Service providers need to demonstrate that specialized internet services are provided to certain information, content, services or applications to ensure they are able to meet quality requirements for their successful operation; this can typically include, but not limited to:
Service providers must provide information about the specialized internet services offered, including what the relevant levels of quality are that are not assured by regular internet access services. They must also provide how the specialized internet services objectively ensure successful operation of the certain content, applications or services. They must not be offered as a replacement for internet access services.
Due to evolving trends and operation requirements, content, applications or services might no longer require specialized internet services in the future. CITC will continuously reassess whether a content or service still qualifies for specialized internet service on a case-by-case basis.
Offering specialized internet services, based on purely commercial agreements are not considered a justifiable need.
Specialized internet services cannot be provided to circumvent the provisions of traffic management practices in Article 5-3.
2. Are the specialized internet services offered non-discriminatory?
The process for content providers to be considered for specialized internet services, needs to be straight forward and transparent. The technical and commercial conditions need to be applicable to all content providers of the same class. Entry barriers (administrative, commercial, technical) need to be deemed reasonable. Content providers should not be discriminated against based on their location, or the origin or destination of their content.
If there is any discrimination against an end-user or content, the service provider must demonstrate a justifiable reason. Any discriminatory paid prioritization of services that are not mentioned in Article 5-4 is likely to be in breach of Articles 4-1 and 5-4 and may be subject to penalties as conferred by Article 8-1.
3. Is the network capacity sufficient to provide specialized internet services without impacting regular internet access services?
Service providers shall offer specialized internet services only when the network capacity is capable of handling such distinction. Specialized internet services shall not affect the availability or degrade the general quality of regular internet access services for end-users.
CITC may assess whether specialized internet services are affecting the quality of IAS through measuring their upload and download speeds and assessing if there is any delay. Small-scale and temporary speed fluctuations shall be considered normal and must not be considered deteriorating to the quality of Internet Access Services.
CITC should intervene if persistent perceptible decreases in the quality and performance of Internet Access services are detected.
4. Are the specialized internet services transparent?
Service providers need to disclose to end-users, through their websites, customer contracts, and terms of service, clearly and prominently, information related to specialized internet services. Furthermore, any updates to their specialized internet services, need to be conveyed to the public.
CITC may request information from service providers about their specialized internet services using powers cited in Article 7-2. Service providers must give transparent information in their response about their specialized services.
Article 6 – Transparency measures
Article 6-1 – Guidelines on transparency measures
Article 6-1-1 – Differential rating practices
a) Service providers need to disclose to end-users, through their websites, customer contracts, and terms of service, clearly and prominently, information related to their differential rating practices. Furthermore, any updates to package, need to be conveyed to the end-users.
b) Service providers need to disclose to content providers the process to apply to join a package, including the technical and commercial conditions.
Article 6-1-2 – Transparency on traffic management practices
a) Service providers need to disclose to end-users, through their websites, customer contracts, terms of service and marketing content, clearly and prominently, information related to their traffic management practices. Furthermore, any updates to their traffic management practices, need to be conveyed to the end-users.
b) Service provides must also disclose through their website to the general public detailed technical information on their internet access traffic management practices.
Article 6-1-3 – Transparency on specialized interenet services
a) Service providers need to disclose to end-users, through their websites, customer contracts, and terms of service, clearly and prominently, information related to specialized internet services. Furthermore, any updates to their special internet services, need to be conveyed to the public.
b) Service providers must also disclose through their website to the general public detailed technical information on their specialized internet services.
Article 6-3 – Transparency on the complaints process
Article 7 – Monitoring and supervision
Article 7-1 – Requesting information
Article 7-2 – Updating the Network Neutrality framework
Article 8 – Enforcement and Compliance
Article 8-1 – Enforcement and Compliance
b) In case service providers infringe or violate Net Neutrality regulations, CITC may impose sanctions on them, in line with its Telecom act and bylaws.
Last update: 24 April 2022
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