Re: [Bloat] [Rpm] [Starlink] [LibreQoS] net neutrality back in the news

[Sebastian Moeller <moeller0@gmx.de>]

Hi Jan,


> On Sep 30, 2023, at 16:28, Jan Ceuleers via Bloat <bloat@lists.bufferbloat.net> wrote:
> 
> On 30/09/2023 14:19, Sebastian Moeller via Bloat wrote:
>> 
>> P.S.: Of course if we look close enough we surely can find corner-cases where either the EU regulations or the translation into national law result in less desirable outcomes, but "nothing is perfect" and all in all the regulations seem to be "good enough". With the caveat that explicitly excluding ISP interconnect from the regulations BEREC essentially pointed the way for ISPs wanting to monetize their eye-balls twice to do so via interconnects, but that only works for the 800 pound gorillas and generally is not a game smaller ISPs can play. I do understand why BEREC wants to stay out of the interconnection issue, as this is rather complicated and the market seems to generally work okay-ish (that is not badly enough to make intervention a hot-button issue for voters and hence politicians).
> EU Regulations have force of law in and of themselves; they need not be
> transposed into national law. That sets Regulations apart from
> Directives: those do need to be transposed into national law. Having
> said that many member states may adopt laws that implement Regulations,
> but in case of any differences between those national laws and the
> Regulations in question the Regulations will prevail in the courts.

	[SM] Thanks for clearing this up! The regulation does punt a few things to wards national regulatory agencies that requires local action before being applicable like:
Article 4
[...]
4.   Any significant discrepancy, continuous or regularly recurring, between the actual performance of the internet access service regarding speed or other quality of service parameters and the performance indicated by the provider of internet access services in accordance with points (a) to (d) of paragraph 1 shall, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with national law.

where without action by the national regulatory agency to certify a monitoring mechanism and where the remedies apparently need to be need to be at least harmonized with local law.

But not being a lawyer, I completely missed that differenve between regulation and directive (I falsly assumed a directive would be of higher legal priority than a regulation).

Regards & Thanks again
	Sebastian



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