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The National Communications Authority (Nkom) has found that Chilimobil's Free Data subscription violates network neutrality rules, but it is advisable to limit the subscription to "personal use," as Chilimobil does.
Nkom wrote in a letter to Chilimobil that it believed it appropriate to limit the subscription to personal use only, but that it is contrary to the Internet privacy statement to prohibit the sharing of data on its own devices. They also believe that it is illegal to prohibit the use of SIM cards on devices other than their own cell phones.
Chilimobil chief Lars Ryen Mill told Tek.no that this decision meant that Fri Data would be adopted. Chile was early to point out that any order from Nkom could result in the cancellation of the subscription.
– Chilimobil has accepted the most important principle of the terms of the subscription "Chile Free Data". The service can always be limited to personal use. That means we will continue with Free Data, says Mill.
1000 gigabytes per month
Nkom has already announced in late June that it will consider this subscription, which has almost caused a shock wave in the Norwegian mobile market. The company charges $ 399 per month for "free data", limited to 1,000 gigabytes per month.
The biggest limitation is that the subscription can only be used for mobile use and is not shared with tablets or other PCs. Customers who have done so have been warned by Chile or have even blocked their subscription.
Nkom is skeptical about this limitation, which now violates the law on the protection of privacy on the Internet. In order for Chile's subscription to comply with EU regulations, they can not choose subscribed units, but they are allowed to limit it to their personal use. So you can share the Internet with your computer and tablet, but not with mobile phones or other people's devices.
"It is good that Nkom helps us limit the subscription for personal use, while at the same time we will look carefully at the other questions asked by Nkom," said the boss of Chilimobil, and said they should determine if they had to make changes to the conditions, said Mill.
– For us, it is important that the terms are not hid by some people sharing data with the whole neighborhood.
Will be back on weekends
Mill says they'll sit down and watch Nkom's letter and the questions they're asking there and come back to the conditions that they could change over the weekend.
"You can look at, for example, Denmark and Sweden, and the constraints that they have put in place," says Mill, referring to a recent case, Tek.no explained how to solve the problems in the country. free subscription to data in other countries.
– Do you have to change the price?
"That's what we want the least, we think free data as a product should be in the Norwegian market and we think Nkom is partly in agreement with that." We have a lot of customers on the subject and this creates a certain amount of competition in our market, and Nkom is very interested in this and they see the dilemma that if they limit our possibilities, it may endanger competition in the market.
– Many argued that the Free Data project is a major project for Chilimobil. What do you have to say about it?
– We had never launched it if we did not trust the business case for free data.
Regarding the number of customers, Mill states that they generally do not comment on customer numbers other than those reported to Nkom.
Obtain orders
In a letter from Nkom to Chilimobil, as Tek.no saw it, Nkom writes that they warn that Chilimobil will be ordered to change its terms.
«Nkom Understand that Chile wants to prevent abusive subscriptions and keep prices low. It must be clear, however, that this can not be achieved by a violation of the regulations. Although Nkom believes that the players are introducing larger data packets, it is necessary that this happens within the existing regulatory framework in the region. It is also not necessary to downplay the importance of network neutrality rules and the freedom of end-users to use the required hardware, "Nkom writes.
It will therefore still be possible to subordinate the sharing of subscription data traffic to a person other than clean devices.
– as expected
Thomas Sandaker, a composer of the Norwegian mobile phone industry and head of the Chilean competitor Happybytes, told Tek.no that the Nkom decision was proceeding as planned.
"It has probably been a" fictitious decision "for Nkom, on the one hand, they want more competition, but on the other hand, competition can not be at the expense of consumer rights and, as planned, it goes as planned.
He added that the decision would still have little impact on the potential for innovation in the mobile phone market.
"Today's innovation is based on totally different premises, including access to different purchasing conditions than today, and thanks to its purchasing conditions, Telenor has the opportunity to to dictate the prices that network renters can offer their end-customers – an exorbitant price per user per month makes innovation in practice impossible, and when we are demolished, we finally have a real advantage, "said Sandaker.
"The authorities stated that they considered the competition in the Norwegian mobile phone market to be too bad and asked Nkom to regulate the dominant market player, Telenor. has come to nothing over the last 20 years, and it goes without saying that we have to do it differently if we want to create better conditions for competition.
"The conclusion of the Nkom case in Chile is an important fundamental clarification that prevents Telenor and Telia from obtaining a new image of opportunity that can go beyond the consumer. principles of network neutrality, but in terms of competition, it means little, "said Sandaker.
– Many people are interested in the question
Nkom initially indicated that its decision in the Chilimobil case should be communicated by the end of September. It took a long time.
"Many identical internal resources also work with other elements of Nkom, so it can take some time before the conclusions can be communicated, as in this case as well. It is important for us to do a thorough job and to provide Chile Mobil with precise information on the regulation and the obtaining of information from other European supervisory authorities. add that we know that several other providers also follow this question and are interested in the results of our evaluations.For this reason, it is also important to deepen the point of view of the authority.The letter is So very long, says Hans Jørgen Enger, head of the section, from Nkom to Tek.no.
Chilimobil now has 9 November to send notifications to the notification.
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