ANACOM approves annual report on open Internet

ANACOM releases the report on open Internet which presents the supervision and monitoring activities carried out by this Authority, with regard to the application of articles 3 and 4 of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 (TSM Regulation), for the period between 1 May 2021 and 30 April 2022.

ANACOM has sought to assess offers with zero-rating characteristics, in light of rulings of the Court of Justice of the European Union (CJEU) on the subject of open Internet access, in particular those published in September 2021, having followed the work carried out at the level of the Body of European Regulators for Electronic Communications (BEREC) in this area.

The process of analysing the contracts of the most representative Internet access service providers (ISPs) in the market and the process of monitoring the information published on transmission speeds on the websites of smaller ISPs in the market, following communications sent to them by this Authority at the end of July 2020, should also be highlighted. This process has triggered several interactions between ANACOM and ISPs, and several providers have made changes to their websites with a view to bringing the information into line with the provisions set out in the TSM Regulation.

As in previous years, ANACOM conducted studies to evaluate the performance of electronic communications services and the levels of GSM, UMTS and LTE radioelectric coverage of mobile communications systems in several municipalities and some islands of the Autonomous Regions of Madeira and the Azores. A check was also carried out, from a user’s perspective, of the performance of mobile services in the Alfa Pendular service of Comboios de Portugal provided on the Braga-Porto-Lisboa-Faro railway axis.

In addition, ANACOM has engaged in collaboration with various entities, involving main ISPs and Direção-Geral do Consumidor (the Consumer General Directorate), with a view to evolving the NET.mede benchmarking system, namely the accreditation of results obtained by users in tests with the NET.mede app.

The period concerned continued to be affected by the COVID-19 pandemic, which justified the Government’s extension of various exceptional and temporary measures in the electronic communications sector. As a result, ANACOM monitored the measures implemented, providing relevant information to consumers, as well as presenting recommendations to ISPs on this matter.

It is also worth mentioning that ANACOM has also sought to monitor, from an open Internet perspective, the application by ISPs of European Union sanctions on Russia related to the blocking of some content, having to this end sent a request for information.

This report, as well as its submission to the European Commission and BEREC, was approved by ANACOM’s decision of 31 May 2022.