IGF 2026 WS #450 future of interconnection disputes - mobile, satellite, DNA

Description

After several years of procrastination and debates, European Commission settled on mandatory mediation of interconnection disputes under Digital Netowkr Act ("DNA") as a way to upgrade the "network fee" discourse without revising the existing rules of Open Internet Regulation and its core network neutrality norms. Questions still abound on whether "network fee" packaged in paid peering still violates network neutrality, under what standards mediators will propose settlement terms, whether new pushes against (GSMA Intelligence's new reports) network neutrality and the likes are to be taken into account in shaping the forthcoming negotiations supervised under the DNA mediations. Previous disputes and regulatory/legislative actions in the US, Korea, Germany, Colombia, etc., will shed light on how those disputes will be handled, the lessons on how to navigate them, and the probable impact of future of internet governance.

Policy Question(s)

A. Is net neutrality still a viable norm in internet governance in the increasingly mobile and satellite heavy interconnection? B. What are the lessons from the previous interconnection disputes that may impact future mediation decisions? C. What will be the dynamics of future national legislations and DNA's international mediations, and what are the implications for the jurisdictions outside EU?

Expected Outcomes

Under DNA, national authorities will be given a chance to provide "options" under which "network fees" may be introduced, and civil society and technical community are worried that these interventions may open the doors for big content providers and big telcos to form vertical cartels whereby SME ISPs, local and SME content providers are excluded from the benefits of net neutrality. Previous dispute resolution experience from the US, Korea, and EU will be discussed to navigate and avoid such risk in the future negotiations and preserve net neutrality. Also, the impact of mobile networks and satellite networks will be discussed thoroughly in relation to the meaning of net neutrality and "network fees'.

Reference Document

Format

Roundtable

Duration (minutes): 90

Format description: The roundtable format, paired with a 90-minute duration, was chosen to ensure that all participants, regardless of their viewpoints on network fees and net neutrality, could contribute equally. This setup is crucial in guaranteeing a diversity of perspectives, as it encourages open and active participation from everyone around the table, including those with opposing stances. Given the regional diversity of the tentative panelists, it is important to adopt a format that is comprehensive of their experiences with the topic.

Hybrid Format

Hybrid Format: We will ensures equal participation for both onsite and online attendees. Instead of passive listening, virtual attendees will actively shape discussions. The session will alternate between onsite and online participants, facilitated by dedicated moderators for each group, integrating remote contributions in real time. Speakers will limit their initial talks to 10 minutes, leading to a dynamic roundtable where attendees interact with specific prompts related to policy questions. We will allow all participants to record insights and recommendations during the session so that others can comment on them. This method ensures that contributions are directly used in shaping policy recommendations for policymakers and regulators.

Organizers

Organizer 1: Kyung Sin Park, Open Net

Speakers

Speaker 1: Kyung Sin Park, Civil Society, Asia-Pacific Group

Speaker 2: Thomas Lohninger, Civil Society, Western European and Others Group (WEOG)

Speaker 3: Claudia Ximena Bustamante, Government, Latin American and Caribbean Group (GRULAC)

Speaker 4: Maarit Palovirta, Private Sector, Western European and Others Group (WEOG)

Moderator

Kyung Sin Park, Civil Society, Asia-Pacific Group

Online Moderator

Thomas Lohninger, Civil Society, Western European and Others Group (WEOG)

Rapporteur