|
|
|
|
|
Newsletter | February 2014, Issue 1
|
|
|
|
|
|
|
BROADCASTING & TELECOMMUNICATION |
|
|
|
Guidelines on Regulation of Internet Access Service Traffic |
|
|
|
On December 4, 2013, the Ministry of Science, ICT and Future Planning (the “MSIP”) announced its “Guidelines on Regulation / Use of the Network and Transparency of Traffic Management” (“Guidelines”) to prevent arbitrary management of internet traffic by internet access service providers (“Service Providers”) and to establish a system for allowing users to freely access traffic management information.
|
|
|
|
The key features of the Guidelines are summarized below.
|
|
|
|
Applicable Scope of Guidelines
|
|
|
|
The Guidelines apply to internet access services in general, with the exception of managed service.
|
|
|
|
Ground Rule for Traffic Management
|
|
|
|
Service Providers must take appropriate measures to promote network upgradability in tandem with corresponding increases in internet traffic. Traffic management must be implemented only on a limited basis and within a reasonable scope.
|
|
|
|
Standards for Determining the Reasonableness of Traffic Management
|
|
|
|
The following elements will be the basis for determining the reasonableness of traffic management schemes employed by the Service Providers: (i) whether information relating to traffic management is sufficiently disclosed to the users (transparency); (ii) whether the traffic management scheme in question conforms to its intended goal and purpose (proportionality); (iii) whether implementation of the traffic management constitutes an unreasonable discrimination against other similar contents (non-discriminatory); (iv) the technical characteristics of the wire/wireless network in question.
|
|
|
|
Types of Reasonable Traffic Management
|
|
|
|
The following types of traffic management may be deemed reasonable: (i) where such traffic management is necessary to maintain security and safety of the network by preventing DDoS, malware, hacking, communication disruption, etc.; (ii) where a service provider implements a traffic management scheme as a minimum necessary measure to protect multiple users from network congestion and to guarantee an environment for fair and equal use of the internet by all users; or (iii) where such traffic management is required for enforcement of related laws or where such traffic management is requested by users based on related laws or user agreements.
|
|
|
|
Disclosure of Information/User Protection
|
|
|
|
Service Providers must disclose information relating to their services such as the terms and conditions, procedures and method, etc. of their traffic management schemes and must also inform users upon implementing measures necessary for traffic management.
|
|
|
|
For the implementation of traffic management, the Service Provider must reflect relevant information to terms and conditions of its service, and also disclose traffic management information on the Service Provider’s internet website by June 2014.
|
|
|
|
In addition to the above, the MSIP announced its plans to allow VoIP services on all mobile rate plans by 2014. The MSIP is expected to continue monitoring the relevant market and the manner in which Service Providers implement their traffic management schemes to supplement the Guidelines on a regular basis.
|
|
|
|
Back to Main Page |
|
|
|
|
|
If you have any questions regarding this article, please contact below: |
|
|
|
|
|
|
|
For more information, please visit our website: |
|
|
|
|
|
|
|