The infrastructure and standardisation basket
Developing countries Due to limited infrastructure and bandwidth, regulators of developing countries put more focus on fair usage policy – affordable prices and fair access for all. Some raise concerns over cross-border non-discrimination, saying that the traffic from all countries should be treated the same way with no preferences based on termination costs. Also, certain countries have more sensitivity to internal cultural, political, or ethical aspects, thereby understanding ‘(in)appropriate use’ and management differently than others. Concerns have been raised that the innovative models of the developed world might hamper developing markets: by prioritising the services of big western companies, emerging business and competition would be additionally downsized, threatening diversity and innovation. Few major formal policies or regulatory practices on network neutrality, however, have yet come from the developing world – one of which being Chile’s encoding of net neutrality into national law in 2010.52 International organisations and NGOs Many international organisations and user groups have also developed policy positions with regard to network neutrality. The Council of Europe (CoE), within its 2010 Declaration of the Committee of Ministers on network neutrality, emphasises the fundamental rights to freedom of expression and information;53 the Internet Society (ISOC) promotes its user-centric approach which dominantly tackles the issues of access, choice, and transparency through the ‘Open Inter-networking’ debate rather than the one on network neutrality.54 The Trans Atlantic Consumer Dialogue (TACD), a forum of US and EU consumer organisations additionally emphasises requests for carrier non-discriminatory behaviour, calling on the USA and the EU to entitle regulators to act as safeguards of users’ rights.55 Network neutrality and a multi-tiered Internet have also been heavily discussed within the WCIT‑12 process. Many NGOs are especially concerned about the future of non-commercial and non-competing online content and services, requesting these to be broadcast through any carrier network equal to commercial ones. They also emphasise the rights of marginalised groups – especially people with disabilities – to use content, services, and applications (including those that demand high-bandwidth) for their needs without any limits whatsoever.
55