F9. Network management (telecommunications companies)

The company should clearly disclose that it does not prioritize, block, or delay certain types of traffic, applications, protocols, or content for any reason beyond assuring quality of service and reliability of the network.

Elements:

  1. Does the company clearly disclose a policy commitment to not prioritize, block, or delay certain types of traffic, applications, protocols, or content for reasons beyond assuring quality of service and reliability of the network?
  2. Does the company engage in practices, such as offering zero-rating programs, that prioritize network traffic for reasons beyond assuring quality of service and reliability of the network?
  3. If the company does engage in network prioritization practices for reasons beyond assuring quality of service and reliability of the network, does it clearly disclose its purpose for doing so?

Definitions:

App — A self-contained program or piece of software designed to fulfill a particular purpose; a software application, especially as downloaded by a user to a mobile device.

Clearly disclose(s) — The company presents or explains its policies or practices in its public-facing materials in a way that is easy for users to find and understand.

Content — The information contained in wire, oral, or electronic communications (e.g., a conversation that takes place over the phone or face-to-face, the text written and transmitted in an SMS or email).

Policy commitment — A publicly available statement that represents official company policy which has been approved at the highest levels of the company.

Prioritization — Prioritization occurs when a network operator “manage[s] its network in a way that benefits particular content, applications, services, or devices.” For RDR’s purposes, this definition of prioritization includes a company’s decision to block access to a particular application, service, or device.

Source: U.S Federal Communications Commission’s 2015 Open Internet Rules, p. 7 of 400, https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-24A1.pdf

Protocol — A set of rules governing the exchange or transmission of data between devices.

Zero-rating program — “Zero-rating” refers to the practice of not charging users for data used to access certain online services or platforms. Zero rating is regarded as a type of network prioritization which undermines the principle of network neutrality.

Indicator guidance:  This indicator evaluates whether telecommunications companies clearly disclose if they engage in practices that affect the flow of content through their networks, such as throttling or traffic shaping. We expect these companies to publicly commit to avoid prioritization or degradation of content. In some cases, a company may engage in legitimate traffic shaping practices in order to ensure the flow of traffic through their networks. We expect the company to publicly disclose this and to explain their purpose for doing so. Companies may engage in paid prioritization or zero rating practices, which would not fall under legitimate network management practices. A company may have a statement on its website committing to net neutrality, for example, but also offer zero rating. Note that this indicator does not address blocking of content; that is addressed in Indicator F3(a). Additionally, this indicator does not encompass human rights due diligence on the impact of zero-rating programs, which is covered in Indicator G4(e). Restrictions to certain apps or protocols in a specific area or for a specific group of users do not fall under network prioritization practices and are included in Indicator F10 on network shutdowns. Indicator F9 does, however, include company disclosure related to blocking of services, apps, or devices for the general population, as these are considered a type of prioritization.

Potential sources:

  • Company network management or traffic management policies
  • Company annual reports
  • Corporate social responsibility (CSR) reports
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