Internet access providers have an obligation to include in all end user contracts a clear and comprehensible explanation on internet speeds, according to the EU 2015 Telecoms Single Market (TSM) regulation. BEREC guidelines on the implementation of the TSM rules specify that NRAs “could set requirements on defining” internet access speeds.
Cullen International's new benchmark shows that, in practice, few NRAs in the studied countries have set out such requirements, relying on the direct legislative effect of the TSM as an EU Regulation. This effectively also allows operators and NRAs some flexibility in how to interpret the provisions of the TSM.
In Germany and in the Netherlands, 90% of the maximum speed indicated in a fixed internet access contract should be reached at least once over a specific number of measurements.
In Croatia, Czech Republic and the UK, NRAs have specified remedies in case internet service providers fail to comply with specific speed requirements.
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