5G and Net Neutrality

THE FUTURE OF THE INTERNET – INNOVATION, INTEGRATION AND SUSTAINABILITY (Guenter Knieps & Volcker Stocker eds., Nomos 2019)

U of Penn, Inst for Law & Econ Research Paper No. 19-17

35 Pages Posted: 1 Aug 2019 Last revised: 4 Jan 2020

See all articles by Christopher S. Yoo

Christopher S. Yoo

University of Pennsylvania Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Jesse Lambert

University of Pennsylvania

Date Written: 2019

Abstract

Industry observers have raised the possibility that European network neutrality regulations may obstruct the deployment of 5G. To assess those claims, this Chapter describes the key technologies likely to be incorporated into 5G, including millimeter wave band radios, massive multiple input/multiple output (MIMO), ultra-densification, multiple radio access technologies (multi-RAT), and support for device-to-device (D2D) and machine-to-machine (M2M) connectivity. It then reviews the business models likely to be associated with 5G, including network management through biasing and blanking, an emphasis on business-to-business (B2B) communications, and network function virtualization/network slicing. It then lays out the network neutrality regulations created by the EU in 2015 as well as the nonbinding interpretive guidelines issued by the Body of Body of European Regulators for Electronic Communication (BEREC) in 2016 and assesses how they will be applied to 5G. Network neutrality’s impact on 5G will likely to be determined by the way that the exceptions for reasonable traffic management and specialised services are interpreted. A broad interpretation should accommodate network slicing and other new business models needed to support the deployment of 5G, while a narrow interpretation could restrict innovation and investment.

Keywords: Net neutrality, European Union, mobile broadband, wireless technology, telecommunications, 5G Manifesto, Internet of Things, EU law, EU regulation, reasonable traffic management, 5G, device-to-device, D2D, machine-to-machine, M2M, MIMO, BEREC, multiple radio access technologies, multi-RAT

JEL Classification: K0, K2, O3

Suggested Citation

Yoo, Christopher S. and Lambert, Jesse, 5G and Net Neutrality (2019). THE FUTURE OF THE INTERNET – INNOVATION, INTEGRATION AND SUSTAINABILITY (Guenter Knieps & Volcker Stocker eds., Nomos 2019); U of Penn, Inst for Law & Econ Research Paper No. 19-17. Available at SSRN: https://ssrn.com/abstract=3429948 or http://dx.doi.org/10.2139/ssrn.3429948

Christopher S. Yoo (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)

University of Pennsylvania - School of Engineering and Applied Science ( email )

3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)

Jesse Lambert

University of Pennsylvania ( email )

Philadelphia, PA 19104
United States

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