2021 REPORT The state of the internet in France 2021 EDITION TOME 3 French Republic - July 2021 2021 REPORT The state of the internet in France Table of contents INTRODUCTION 06 PART 2 70 2020 Arcep Highlights 06 ENSURING INTERNET Networks during OPENNESS the Covid-19 crisis 10 CHAPTER 4 Guaranteeing net neutrality 71 PART 1 19 CHAPTER 5 ENSURING THE INTERNET Platforms: internet FUNCTIONS PROPERLY access gatekeepers 87 CHAPTER 1 Improving internet PART 3 96 quality measurement 20 TACKLING DIGITAL CHAPTER 2 TECHNOLOGY’S ENVIRONMENTAL 3 Supervising data interconnection 38 CHALLENGES CHAPTER 3 CHAPTER 6 Accelerating the transition to IPv6 48 Working to achieve digital sustainability 97 LEXICON 104 THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS Editorial THE YEAR 2020: BETWEEN CHALLENGES RELATED TO THE PUBLIC HEALTH CRISIS AND PERSPECTIVES REGARDING PLATFORM REGULATION The public health crisis and resulting Because it is essential in all open, lockdown in France provided us with innovative and democratic societies to 4 By Laure a stark reminder of how vital networks be able to enjoy these freedoms fully, it is de La Raudière, are to the life of the country, notably more than ever necessary to ensure that internet meet high standards in terms of President for competitiveness, growth and accessibility, universality, performance, of Arcep employment. Many people in France also neutrality, trustworthiness and fairness. discover new uses during the lockdowns: The Internet’s founding principles, remote working, online learning, remote notably equal treatment and routing on medical visits with close relatives to both the access and distribution sides maintain social links. This crisis illustrated must remain. The net neutrality principle, the need for each household, in all parts enshrined in Europe through the Open of the French territory, to have a high Internet Regulation in 2016, constitutes quality internet connection. a legal framework to safeguard these principles. This exceptional situation confirmed the extent to which networks are and The European legislator now imposes to Internet service providers (ISPs) must remain a “common good” and an obligations that national regulators would “infrastructure of freedom”. Internet is control and apply sanctions if necessary. indeed an area of freedom: freedom of In France, Arcep is the body responsible expression, freedom to communicate, for implementing net neutrality and freedom to access knowledge and to ensuring that ISPs comply with it. share it, but also freedom of enterprise However, if the European Open Internet and innovation. Regulation enshrines users’ right to access and distribute information and content online, it applies solely to ISPs. Located at the end of the internet access chain, devices (smartphones, “Networks are and must voice assistants, connected cars…) and remain a ‘common good’ “ structural platforms’ closed ecosystems THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS (aka gatekeepers) have proven to be the The proposal of Digital Markets Act marks weak links in achieving an open internet. a major step forward, but warrants being Arcep shared this conclusion on devices strengthened in several respects. in its 2018 report and extended this It seems particularly necessary to better examination to the operators of the consider the ecosystemic dimension gatekeeper platforms in 2019. As for of certain undertakings with a view the debate on internet openness, Arcep to improving competition conditions, also mobilized the European level, including between platforms themselves. notably through the European network This would create the ability to take fuller of telecommunications regulators. account and foster the freedom of choice This work contributes to the opening of end users who, today, can be captive of a new sequence of digital regulation to a centralised ecosystem. for the European Commission which The regulator needs to be equipped with published two proposed regulations. proactive tools and to strengthen the Through the Digital Services Act, the resources it is allocated to ensure its ex European Commission is proposing to ante intervention can be implemented review the e-commerce Directive of 2020, effectively. This will include strengthening and particularly the liability provisions the process of monitoring these governing hosted content, which apply gatekeepers to reduce information to technical intermediaries. Through asymmetry and, alongside the obligations 5 the Digital Market Act, the Commission set in advance and which apply to every aims at introducing an ex ante economic player, to plan for tailored remedies regulation of the largest technology that are more suitable than a one size companies qualified as gatekeepers1. fits all solution. Increased cooperation between the Commission and Member States could make the system more efficient, and provide critical resources and support mechanisms. “The proposal of Digital Arcep, as architect and guardian of Markets Act marks a major communication networks in France, will continue to ensure internet openness and step forward” also rely on the mobilization of the entire ecosystem to carry out this mission. 1. This notion is very similar to the concept used by the Authority of structural digital platform operators. THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS 16 JANUARY 2020 Internet quality of service The Government approves in an Order published in the Journal Officiel the Arcep decision No. 2019-1410, which aims at implementing an “access ID card” API by operators, marking the start of the deployment calendar. 2020 ARCEP HIGHLIGHTS 6 SPRING 2020 6 APRIL 2020 Monitoring networks during Environment the public health crisis Arcep includes environmental The outstanding mobilisation of all of the indicators to its annual gathering ecosystem’s players (public institutions, campaign (greenhouse gas emissions operators, content and application providers related to electricity consumption and and end users) made it possible to deal with activities of the telecommunications the unprecedented intensity of digital needs, operators). Arcep co-chairing a to reduce congestion risks and to ensure new BEREC expert working group compliance with net neutrality. devoted to sustainability which aims at studying the environmental impact of telecom networks in the broadest sense, and exploring avenues for reducing it. THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS 11 JUNE 2020 Environment “Achieving digital sustainability”: Arcep is launching a collaboration platform and calling all the digital and environment ecosystem players to debate together and contribute to the first progress report. The inaugural meeting on 9 July 2020, attended by 65 participants, allows to identify points that warrant closer attention and potential courses of actions. 16 JUNE 2020 Open Internet The Body of European telecommunications 7 regulators, BEREC, publishes the revised 7 SEPTEMBER 2020 guidelines which aims at guiding national regulators on the Open Internet Regulation, Regulating platforms adopted in November 2015. In France, Arcep Arcep responds to the European Commission’s is in charge of implementing net neutrality public consultation on the Digital Services Act, and ensuring that Internet service providers urging the European Union to adopt ex ante (ISPs) comply with it. regulation on gatekeeper platforms, and once again ensure that the internet is a place of freedom of choice and innovation. 14 SEPTEMBER 2020 Internet quality of service Arcep published the 2020 version of the Code of conduct on internet quality of service. It is to encourage QoS measurement tools to increase the transparency and robustness requirements for measurement protocols and for results publications. THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS AUTUMN 2020 Environment “Achieving digital sustainability”: Between September and November 2020, Arcep organises five thematic workshops and two “big discussions”, occasions for everyone to trade views, practices, tools and skills on electronic communications networks, devices, datacentres and ICT use. 15 SEPTEMBER 2020 Open Internet First interpretation from the Court of Justice of the European Union on the net neutrality regulation, ACHIEVING on a question related to a Hungarian operator’s DIGITAL zero-rating offers. SUSTAINABILITY 4 DECEMBER 2020 Transition to IPv6 Arcep publishes its 2020 8 barometer of the transition to IPv6, which reveals significant but still insufficient progress in the migration to IPv6, and the RapportProgress report, d’étape, summary synthèse of collaboration of platformthe platform work and 11 Arcepde proposalstravail toand combine proposals increasing de use Arcepof digital pourtechnology first handbook of the IPv6 task- andun reducing numerique its environmental soutenable. footprint — force “Businesses: why switch 15 December 2020 to IPv6?”. 8 DECEMBER 2020 Mobile quality of service Arcep publishes the findings of its measurement campaign for 2020: QoS continues to improve despite the public health crisis, the average download speed measured in Metropolitan France stands at 49 Mbit/s, compared to 45 Mbit/s in 2019, and Arcep publishes the first coverage maps with increased reliability threshold from 95% to 98%. THE STATE OF THE INTERNET IN FRANCE NETWORKS DURING THE COVID-19 CRISIS 15 DECEMBER 2020 Environment “Achieving digital sustainability”: Arcep publishes