The European Commission Tuesday said it has asked regulators to monitor the provision of open Internet access in the European Union, adding that it could turn to antitrust rules to ensure services aren't slowed down or blocked.

"Over the next few months, in close cooperation with member states' regulatory authorities, I will be closely monitoring respect for new EU rules to make sure that they ensure an open Internet," said EU Telecommunications Commissioner Neelie Kroes in an emailed statement. "At the end of 2011, I will publish the results, including any instances of blocking or throttling certain types of traffic."

The investigation into "net neutrality"--the provision of open Internet access--will be carried out by the Body of European Regulators for Electronic Communications, which brings together national regulators from the 27-nation bloc.

BEREC will investigate the blocking of Internet access and restrictions on certain Internet traffic, services and websites. For example, it will look at instances of mobile Internet operators blocking voice over Internet protocol, or VoIP, services on smart phone data contracts to ensure users make international calls on their phone rather than using software applications such as Skype.

"If BEREC's findings and other feedback indicate outstanding problems, the commission will assess the need for more stringent measures," Kroes said.

The commission also said it is "crucial to ensure that consumers can change operators easily."

The EU's antitrust regulation could be used to pursue "any behavior related to traffic management and net neutrality that may restrict or distort competition," the commission said.

Any necessary changes to ensure unfettered access to the Internet could potentially be costly for telecoms operators.

The debate on net neutrality has proven divisive. Cable Europe, which represents television and telecoms providers including the U.K.'s Virgin Media Inc. (VMED), Kabel Deutschland Holding AG (KD8.XE) and Belgium's Telenet Group Holding NV (TNET.BT), said its member companies don't block content or applications.

"The intense competition in this market requires us to perform on quality of service, speed and consumer trust," Caroline Van Weede, the association's managing director, said in an emailed statement. "Individual companies that behave anti-competitively can be sanctioned through current provisions in telecoms legislation and competition rules."

In contrast, ETNO, a body that represents 40 telecoms companies, said traffic management--prioritizing certain types of Internet use over others--is necessary for a secure, safe and reliable network.

"With the fast increase in data traffic over fixed and mobile networks, smart management of networks is essential for offering service quality to all end-users and for developing new innovative services," Luigi Gambardella, ETNO's executive board chairman, said in a statement. "In highly competitive markets for fixed and mobile broadband, any further regulation that would restrict traffic management and service differentiation would undermine Europe's digital economy and hamper innovation."

The Internet Society, a non-profit organization that aims to provide direction on Internet standards, welcomed the decision to involve antitrust rules.

"We are also pleased to hear the commissioner uphold the rules of competition as being at the core of the new enhanced telecom rules on transparency, quality of service and the ability to easily switch operators," said Frederic Donck, director of the Internet Society's European regional bureau. "Openness underpins and enables user access, choice and transparency."

-By Frances Robinson, Dow Jones Newswires; +32 2 741 1486; frances.robinson@dowjones.com
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