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A Study on Ex-post Regulation of Zero-rating Service - Comparative Legal Study on Relevant Laws and NRA’s Decisions Between Domestic and Overseas Countries -

Cho, Dae-Keun 1 Hong, JoonHyung 2

1㈜잉카리서치앤컨설팅
2서울대학교

Accredited

ABSTRACT

The purpose of this study is to analyze the domestic and overseas laws and regulators’ decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP’s vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

Citation status

* References for papers published after 2023 are currently being built.