OTT Services: Collaborative Regulation Can Promote Internet Neutrality

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The rapid uptake of OTT services globally is a major driver of the growth in data traffic for broadband providers. Popular OTT applications have disrupted the traffic management models of ISPs by exponentially expanding the volume of content carried over the Internet. The increased data load has created challenges for ISPs, which are coming up with methods for managing congestion. Traffic management by ISPs has prompted governments to intervene to ensure Internet traffic equality. The need for government intervention to achieve a neutral Internet has been debated for a long time. Since the rise of the public Internet, governments have been weighing the merits of regulating such an expansive space against the risks of curtailing freedom. Regulators must recognize the factors that enable a sustainable net neutrality program. A concerted implementation plan is needed to push forward the net neutrality agenda and attain sustainable progress. Some key enablers are identified based on each country’s level of stakeholder cooperation and its progress in averting neutrality breaches. Network operators must seek ways to partner with OTT content and app providers. In the past few years, a number of MNOs have chosen to partner with OTT service and app providers, as an alternative or parallel strategy to rolling out proprietary Internet applications. OTT partnerships reduce the time to market for the operators aiming to launch new Internet-based services. Participation in multi-stakeholder initiatives can help ISPs engage in the policy-setting process of their respective countries. By participating in such initiatives, broadband operators can boost their influence and make sure their technical and economic interests are considered in the development of net neutrality rules.

Scope

The explosive growth of over-the-top (OTT) services has disrupted the telecommunications market by boosting competition and by creating a phenomenal traffic load on the transport pipes of ISPs. Network providers are using traffic differentiation to manage the increased volume and distribute the cost of additional capacity, which has raised equal-access concerns among online content and service providers and consumers. As many governments around the world strive to address the issue, regulators are grappling with how to maintain Internet equality without discouraging sector growth.“OTT Services: Collaborative Regulation Can Promote Internet Neutrality” offers an in-depth examination of the main regulatory models and strategies adopted around the world to safeguard the neutrality of the Internet, highlighting the interests and viewpoints of the different stakeholders in the debate and the challenges facing regulators in establishing a system that works for all. The Report’s analysis provides specific examples of prevalent regulatory models through case studies of Brazil, Chile, the European Union, France, South Korea, the United Kingdom and the United States, with a focus on the particular developments and challenges of each market.

The Report is structured as follows:

Section 1: Dynamics shaping the OTT environment. This section provides an overview of the three key growth segments within the OTT services sector as well as the threats and opportunities that OTT services present for network operators.

Section 2: Ecosystem player views Here we explore the perspectives of the various stakeholders in the global net neutrality debate, focusing on their views on what net neutrality means and the government’s role in ensuring an open and neutral Internet.

 Section 3: Case studies – Approaches to regulating net neutrality. Seven jurisdictions are examined more closely: the European Union, Brazil, Chile, France, South Korea, the United Kingdom and the United States. Each case study offers detailed analysis of the trajectory and approach taken toward net neutrality regulation, the progress made in recent years and the challenges going forward.

Section 4: Key findings and recommendations. We conclude with a summary of our findings on the impetus for net neutrality and key regulatory models being adopted around the world, as well as specific recommendations for network operators looking to increase their participation in the net neutrality policymaking process and the OTT market.

Reasons to Buy

‘OTT Services: Collaborative Regulation Can Promote Internet Neutrality’ provides a comprehensive analysis of key regulatory models for Internet neutrality that are being adopted across the world, helping executives at MNOs, fixed telcos and pay-TV providers make informed strategic decisions and develop effective partnerships in the OTT arena.

The Report’s forward-looking analysis of key trends in OTT services helps providers assess the potential impact of OTTs on their business and identify related opportunities. The case studies focus on how governments and other stakeholders in seven developed and emerging markets have approached the net neutrality debate, allowing executives to refine their expectations for regulatory outcomes.

By understanding the interests and positions of the main stakeholders in the net neutrality debate – government, end users, content providers and ISPs – telecom professionals can develop strategies to ensure their respective needs are addressed in upcoming regulatory cycles.

The Report’s recommendations are based on real strategies employed by network operators to position themselves to influence more effectively the net neutrality laws in their respective markets, and to increase their participation in the ever-growing OTT services market. Network operators can benefit from strategies such as partnering with OTT players, collaborating with regulators, joining multi-stakeholder initiatives and forging coalitions with consumer and content provider advocacy groups.

Apple
Alibaba
Amazon
América Móvil (Claro)
American Cable Association
Anatel (Brazil’s National Telecommunications Agency)
AT&T
Body of European Regulators in Electronic Communications (BEREC)
Broadband Stakeholder Group (BSG)
BT
Canal Plus
CDN Forum
Century Link
CGI (Comitê Gestor da Internet no Brasil)
Claro (América Móvil)
Cogent
Comcast
Council of the EU
CRC Colombia
CTIA
Deutsche Telekom
Dropbox
E-Plus
EE
Entel
European Commission
Facebook
Federal Communications Commission (FCC)
Free (Iliad)
Google
HanaTV
i2Coalition
Kakao Corp
Korean Communications Commission (KCC)
Korean Information Society (KIS)
Korean Ministry of Science
ICT and Future Planning (MSIP)
Korea Telecom (KT)
Line Corp
Microsoft
Movistar Chile (Telefónica )
Movistar+
Motion Picture Association
Mozilla
Napster (Rhapsody)
National Digital Council of France (CNNum)
Netflix
Network Neutrality Forum (NNF)
Neutralidad Si
Ofcom
O2
Oi Brazil
ONG Cívico
Open Internet Forum
Orange
QQ (Tencent)
Rhapsody
SK Telecom
Skype (Microsoft)
Subtel Chile
Telefónica
Tencent
TIM
US Telecom
Viber
Virgin Media
Virgin Mobile
Vodafone
VTR Chile
WeChat
WhatsApp (Facebook)
World Information Technology and Services Alliance (WITSA)
Yomvi (Telefónica)
YouTube (Google)

Table of Contents

Executive summary

Introduction: Report scope and definitions

Report scope

Definition of over-the-top services

Internet neutrality definition

Section 1: Dynamics shaping the OTT environment

Growth drivers and trends – OTT video

Growth drivers and trends – OTT messaging

Growth drivers and trends – OTT telephony

The impact of OTT services on network providers

Section 2: Ecosystem player views

Diverging stances on net neutrality

The governments’ dilemma

Autonomy is key for ISPs

Consumers want open access, equality and more choices

OTTs: Neutrality benefits consumers and the entire ecosystem

Section 3: Case studies – Approaches to regulating net neutrality

Regulating net neutrality: Same goal, different paths

Regulatory frameworks for net neutrality

Case study: United Kingdom

Case study: France

Case study: South Korea

Case study: United States

Case study: European Union

Case study: Chile

Case study: Brazil

Section 4: Key findings and recommendations

Key findings: Impetus for net neutrality regulation

Key findings: Regulatory models

Key findings: Principles and enablers

Recommendations: Partnerships

Recommendations: Multi-stakeholder initiatives

Recommendations: Collaboration with regulators (co-regulation)

Recommendations: Collaboration with consumer groups

and content providers

Appendices

Companies, organizations and government entities mentioned

About Pyramid Research

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Table

Exhibit 1: Study scope

Exhibit 2: Main types of OTT services

Exhibit 3: Net neutrality definitions from selected stakeholders

Exhibit 4: Online service providers’ shares of fixed-access Internet traffic in North America

Exhibit 5: Top players in OTT mobile messaging

Exhibit 6: Top OTT voice providers worldwide

Exhibit 7: Impact of OTT growth on network providers

Exhibit 8: Alternative views on net neutrality regulation

Exhibit 9: Governments’ balancing act

Exhibit 10: Principles advocated by ISPs

Exhibit 11: Principles advocated by Internet users

Exhibit 12: Principles advocated by OTT service providers

Exhibit 13: Case study markets by initial regulatory approach to net neutrality

Exhibit 14: Scope of net neutrality regulation in selected countries

Exhibit 15: The UK’s path to net neutrality regulation

Exhibit 16: The UK’s collaborative approach

Exhibit 17: Netflix ISP speed index, UK, Nov 2015

Exhibit 18: France’s path to net neutrality

Exhibit 19: ARCEP’s focus areas, 2010–2015

Exhibit 20: CNNum’s framework proposal, France

Exhibit 21: South Korea’s path to net neutrality regulation

Exhibit 22: KakaoTalk users, Q1 2013 to Q2 2015

Exhibit 23: Netflix streaming subscriber growth, globally

Exhibit 24: The path to net neutrality in the US

Exhibit 25: FCC net neutrality rules, 2015

Exhibit 26: Plaintiffs in 2015 net neutrality lawsuits

Exhibit 27: The European Union’s path to net neutrality

Exhibit 28: Trajectory of the EU’s net neutrality regulatory package

Exhibit 29: EU net neutrality at a glance

Exhibit 30: Chile’s path to net neutrality regulation

Exhibit 31: Virgin Mobile free bundled app offer

Exhibit 32: Average broadband speeds, Latin America

Exhibit 33: Brazil’s path to net neutrality regulation

Exhibit 34: Most frequently used OTT apps, Brazil

Exhibit 35: Divergent views of net neutrality, Brazil

Exhibit 36: Common principles

Exhibit 37: Policy enablers

Figures

Exhibit 1: Study scope

Exhibit 2: Main types of OTT services

Exhibit 3: Net neutrality definitions from selected stakeholders

Exhibit 4: Online service providers’ shares of fixed-access Internet traffic in North America

Exhibit 5: Top players in OTT mobile messaging

Exhibit 6: Top OTT voice providers worldwide

Exhibit 7: Impact of OTT growth on network providers

Exhibit 8: Alternative views on net neutrality regulation

Exhibit 9: Governments’ balancing act

Exhibit 10: Principles advocated by ISPs

Exhibit 11: Principles advocated by Internet users

Exhibit 12: Principles advocated by OTT service providers

Exhibit 13: Case study markets by initial regulatory approach to net neutrality

Exhibit 14: Scope of net neutrality regulation in selected countries

Exhibit 15: The UK’s path to net neutrality regulation

Exhibit 16: The UK’s collaborative approach

Exhibit 17: Netflix ISP speed index, UK, Nov 2015

Exhibit 18: France’s path to net neutrality

Exhibit 19: ARCEP’s focus areas, 2010–2015

Exhibit 20: CNNum’s framework proposal, France

Exhibit 21: South Korea’s path to net neutrality regulation

Exhibit 22: KakaoTalk users, Q1 2013 to Q2 2015

Exhibit 23: Netflix streaming subscriber growth, globally

Exhibit 24: The path to net neutrality in the US

Exhibit 25: FCC net neutrality rules, 2015

Exhibit 26: Plaintiffs in 2015 net neutrality lawsuits

Exhibit 27: The European Union’s path to net neutrality

Exhibit 28: Trajectory of the EU’s net neutrality regulatory package

Exhibit 29: EU net neutrality at a glance

Exhibit 30: Chile’s path to net neutrality regulation

Exhibit 31: Virgin Mobile free bundled app offer

Exhibit 32: Average broadband speeds, Latin America

Exhibit 33: Brazil’s path to net neutrality regulation

Exhibit 34: Most frequently used OTT apps, Brazil

Exhibit 35: Divergent views of net neutrality, Brazil

Exhibit 36: Common principles

Exhibit 37: Policy enablers

Frequently asked questions

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