ComReg issues 7 Notifications of Non-Compliance to Internet Service Providers for breaches of Net Neutrality rules

On 18 December 2019, the Commission for Communications Regulation (ComReg) issued 7 Notifications of Non-Compliance for breaches of Net Neutrality Regulations, pursuant to Article 4 of Regulation (EU) 2015/2120 and European Union (Open Internet Access) Regulations 2019. The Notifications were issued to internet access service providers regarding transparency breaches in their consumer contracts. Since 29 November 2015, providers of internet access services have been legally required to include a range of information in consumer contracts relating to:

• traffic management;
• minimum, normally available, maximum and advertised download and upload speed of fixed networks;
• estimated maximum and advertised download and upload speeds of mobile networks;
• remedies available to the consumer where there is a relevant discrepancy regarding speed or other quality of service parameters.

ComReg has been monitoring compliance with these requirements and, with a recent expansion of its powers, has taken formal enforcement action against providers who, it appeared, had not been providing the required information in their customer contracts. Notifications of Non-Compliance relating to a range of breaches have been issued to:

• Digiweb Limited
• Imagine Communications Ireland Limited
• Pure Telecom Limited
• Three Ireland (Hutchison) Limited
• Three Ireland Services (Hutchison) Limited
• Virgin Media Ireland Limited
• Vodafone Ireland Limited

Commenting on this action by ComReg, Commissioner Jeremy Godfrey said “It is very important that consumers have contractual rights regarding the performance of internet access services. This enables consumers to choose a service provider based on binding quality of service commitments, and to take action if those commitments are not met. It is regrettable that so many operators appear to have failed to provide consumers with contractual rights and that ComReg has had to take formal compliance action as soon as the necessary powers were in place.” Find the full publications here.