JUS 5641 Autumn 2017 - Zero-Rating and Net Neutrality under EU Regulation (EU) 2015/2120

Sep 26, 2026

Exam material from the Faculty of Law at the University of Oslo (JUS 5641, Autumn 2017) focusing on the EU regulation of zero-rating offers and compliance with net neutrality rules. It presents the MobCom “Surf Listen Free” (SLF) scheme, including streaming services eligible for zero-rating and data-cap blocking. The questions require analysis of regulatory issues, assessment against Regulation (EU) 2015/2120 Article 3(2) and 3(3) using BEREC guidance, and discussion of how comparable offers by non-dominant operators and data-cap blocking of other applications may affect the assessment. Examiner guidance emphasizes relevance and ability to locate net-neutrality aspects rather than only correct answers.

LanguageEnglish

CategoryExam

FormatPDF

Pages9

Reading Time23 min

AccessFree to download

Regulatory issues raised by zero-rating

Assessing MobCom’s “Surf Listen Free” under Article 3(2) and 3(3)

Impact of an identical offer by a non-dominant operator

Effects of blocking non-included applications after the data cap

Guidance notes for examiners

Evaluation focus for answers

University of Oslo Faculty of Law JUS 5641 Autumn 2017 MobCom is one of three mobile operators that owns a 4G mobile network with national coverage in an EU member state. It is by far the largest provider in the end-user market and was recently considered to hold a dominant position by the National Regulatory Authority. In September 2017 MobCom launched a zero-rating offer for on-line music as an optional add-on service to its mobile subscription. The “Surf Listen Free”(SLF) offer entitles the subscriber to stream all included music applications and services without affecting the volume of data included in the mobile subscription. However, the zero rated services are blocked when the monthly data cap is reached. The “Surf Listen Free”costs EUR 5 per month, but may be used with all the three mobile subscriptions offered by MobCom – both the small usage (1 GB mobile data), medium usage (5 GB) and the large usage (30 GB) subscriptions. The applications included in the Surf Listen Free offer are the three streaming services Spoofy, Tilad and Pineappple Music ("the Included Streaming Services") . For the purposes of this case study, it can be assumed that these three hold 95 % of the music steaming market. MobCom has stated that any other music streaming service in the same market as these players may request to be zero rated. In order to be included they must offer an on-demand music streaming service, support the technical zero rating platform of MobCom and enter into a Service Level Agreement. MobCom has publicly stated that, as a matter of policy, video-on-demand services such as YouTube will not be included in the zero rating offer. The second and third largest mobile operators, Phone2 and Vodathree, have both lodgeda complaint with the National Regulatory Authority stating that "Surf Listen Free"infringes the rules on net neutrality in Regulation (EU) 2015/2120, because MobCom uses its market power to dictate which music services subscribers can use their data on. Please answer all the following questions: Question 1: Briefly mention some of the regulatory issues raised by zero-rating and give a short summary of how zero-rating is regulated in the EU. Question 2: Assess whether MobCom´s "Surf Listen Free" offer complies with the net neutrality rules in Regulation (EU) 2015/2120 Article 3 (2) and 3 (3) based on paragraph 30-56 of the BEREC Guidelines. Question 3: In December Phone2, which does not hold a dominant position, launches an identical zero-rating offer for music streaming services. Discuss if and how this could affect your assessment under 1) . Question 4: MobCom has decided to block all other applications than the music streaming services included in "Surf Listen Free" once the data cap has been reached. Discuss if and how this could affect your assessment under question 2. Guidance notes for examiners When evaluating the exams, the focus should not be on whether the students find the "correct"answer, but rather on the degree to which they are able to locate and discuss relevant aspects of the net-neutrality rules. 1. Briefly mention some of the regulatory issues raised by zero-rating… Given that the question asks the students to ‘briefly mention’ issues, the answer to this question may be short. The following paragraphs provide an overview of issues that could be presented, but only a subset of this can be expected from the students. The concept of zero rating is explained in paragraphs 37-40 of the BEREC Guidelines (the Guidelines). Some students may start by providing a definition of zero-rating based on the abovementioned paragraphs, while others may define it in other ways. How they choose to do this is not important, as long as they are able to give an assessment of what the concept of zerorating actually entails. The question asks the students to mention some regulatory issues that zero-rating raises. It should be expected that most of the students are able to provide

FAQs

What regulatory issues does zero-rating raise in the EU context?

Zero-rating can limit users’ freedom to access and distribute information and content, affect media diversity and expression, and create anti-competitive effects by selectively promoting certain content providers. It may also be examined in relation to how data-traffic management should be regulated.

How should MobCom’s “Surf Listen Free” be assessed under Regulation (EU) 2015/2120 Article 3(2) and 3(3)?

The assessment should be grounded in BEREC Guidelines (paragraphs 30-56) and focus on whether the offer restricts end-users’ rights to access and use content, including the consequences of zero-rating being blocked once the monthly data cap is reached.

How could an identical zero-rating offer by a non-dominant operator (Phone2) affect the evaluation?

It could influence how the assessment is framed under the analysis in part 1, particularly regarding competitive effects and end-user access. Even without dominance, the structure of the offer may raise similar net-neutrality and freedom-of-choice concerns.

How does blocking other applications after the data cap potentially affect the Article 3 assessment?

Blocking non-included applications once the cap is reached may sharpen the concern that end-users’ access to content and applications is restricted. This could strengthen arguments related to limiting end-user rights when compared with the baseline analysis under question 2.

Sep 26, 2026

Uploaded by Anna Hans