On behalf of Xnet, on alleged violation of Net neutrality provisions in Spain 

The petitioner is concerned about alleged improper implementation by Spain of the Net neutrality rules. In view of the petitioner, Spain improperly implemented EU Open Internet Regulation (Regulation (EU) 2015/2120) adopted on 25 November 2015 by the European Parliament and the Council and the implementing guidelines adopted in August 2016 by the Body of European Regulators for Electronic Communications (BEREC). The petitioner states that according to the EU legislation, the enforcement of the open internet rules is an important task of national regulatory authorities. In Spain, however, the body responsible for the implementation, which is the Secretariat of State for the Information Society and the Digital Agenda under the jurisdiction of the Minister of Energy and Digital Agenda, is not an independent one. The petitioner claims that Spain is in violation of the Regulation as it has not set up a separate complaint channel on net neutrality and is not implementing the Net neutrality provisions efficiently.