Title Specializuotų paslaugų teikimo sąlygos pagal ES parlamento ir tarybos reglamentą 2015/2120 /
Translation of Title Provision of specialised services under regulation (EU) 2015/2120 of the Parliament and of the Council.
Authors Totoraitis, Laurynas
DOI 10.15388/Teise.2019.111.10
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Is Part of Teisė.. Vilnius : Vilniaus universiteto leidykla. 2019, t. 111, p. 178-189.. ISSN 1392-1274. eISSN 2424-6050
Keywords [eng] specialised services ; provision ; regulation EU 2015/2120 of the Parliament and of the Council
Abstract [eng] Telecom Single Market (TSM) Regulation laying down measures concerning open Internet access and setting background to create Digital Single Market was adopted in November 2015. One can deviate from the principle of open Internet only in several cases one of which is while providing specialised services. Specialised services are optimised for specific content, where the optimisation is necessary in order to meet requirements for a specific level of quality. Such services may be offered only if (i.) the network capacity is sufficient to provide them in addition to Internet access services. (ii.) Services shall not be usable or offered as a replacement for Internet access services, and (iii.) shall not be to the detriment of the availability or general quality of Internet access services for end-users. TSM Regulation gives broad discretion for national regulation authorities because investigations are evaluated on case-by-case proceedings. Inconsistent NRAs’ decisions in different EU countries can potentially lead to diverse practice in separate EU countries thus circumventing the creation of Digital Single Market. Also, TSM Regulation provision is based on ex post evaluation, meaning that by the end of investigation the results may be irrelevant. Author believes ex ante evaluation model would be more suitable.
Published Vilnius : Vilniaus universiteto leidykla
Type Journal article
Language Lithuanian
Publication date 2019