Mind how the consultation gets analysed:
There was broad consensus that operators and ISPs should be allowed to determine their own business models and commercial arrangements, subject to all applicable laws. Some respondents called on National Regulatory Authorities and operators to work together to ensure that transparency to consumers as regards traffic management practices was meaningful and effective.
As stakeholders are no constituency but just represent a diversity of views “consensus” is politically irrelevant. You cannot expect affected market players to embrace rules and principles while responses along the position to “determine [your] own business models and commercial arrangements” are expected public affairs narratives in any regulatory context. Moreover, the Commission argues the consultation was incomplete/inprecise, thus wants to dig deeper into the technical issues:
Moreover, as stated above the data obtained from the public consultation was incomplete or imprecise in many aspects that are essential to understand the current state of play in the European Union. For this reason, the Commission, with BEREC, is currently looking into a number of issues that surfaced in the course of the consultation process, in particular, barriers to switching (for example, after how long, on average, a customer is permitted to break a postpaid contract, and what if any are the penalties), practices of blocking, throttling and commercial practices with equivalent effect, transparency and quality of service as well as the competition issues relating to net neutrality (e.g. discriminatory practices by a dominant player).
As a result of the investigation the Commission announces:
On the basis of the evidence and the implementation of the telecom framework provisions, the Commission will decide, as a matter of priority, on the issue of additional guidance on net neutrality.
If significant and persistent problems are substantiated, and the system as a whole – comprising multiple operators – is not ensuring that consumers are easily able to access and distribute content, services and applications of their choice via a single internet subscription, the Commission will assess the need for more stringent measures to achieve competition and the choice consumers deserve.
Vocal advocates of net neutrality like the French advocacy group Quadrature are embarrassed by the report: “The European Commission Gives Up on Users and Innovators.” However, given the general opposition of telecom providers to net neutrality regulation, the Commissioner Kroes clearly shows that they consider “additional guidance” and “more stringent measures”. For telecommunication providers it is an invitation to enter a more technical debate about traffic management where they have to make concessions.