Dear Body of European Regulators of Electronic Communications:

This letter concerns BEREC's adoption of implementation guidelines for the European Union's network neutrality rules. Specifically, we write to commend the pro-adoption and pro-consumer benefits of "free data" or zero-rated plans, which the EU rules wisely permit. While these innovative plans vary, they share an important characteristic: they offer consumers an attractive low-cost option for using wireless data services.

Free data or zero-rated plans, in one way or another, allow subscribers to avoid data usage charges when accessing certain websites, such as music or video sites, or, for example, Facebook's "Free Basics" program. Although such plans differ in their details - as Free State Foundation scholars explain at considerable length in two attachments to this letter - in general they offer price-sensitive consumers a low cost alternative for accessing data that they otherwise would forego. Free data plans are therefore pro-adoption, pro-consumer, benefitting new and low-income subscribers in particular.

In the event that possible anti-competitive concerns exist, the EU net neutrality rules allow member countries to conduct case-by-case analyses of free data or zero-rated plans. This case-by-case approach is strongly preferred to an across-the-board ban on these pro-adoption and pro-consumer plans. Given the benefits to consumers of free data plans, especially to low-income consumers, concrete evidence of anti-consumer harm should be required to be demonstrated before restrictions on such plans should be considered. Calls for outright bans are unwise and fail to identify any kind of anti-consumer conduct or harm. In fact, a ban on free data plans would harm consumers by eliminating a pro-adoption, low-cost choice in the marketplace.

Free data or zero rated plans do not block or restrict access to websites that are not participants in the plans subscribers sign up for. Subscribers to free data plans, who are not typically high-volume users, can still access websites of their choice. Moreover, wireless consumers do not have to sign up for free data plans. They may choose other plans as they see fit. A ban would deprive consumers of the ability to choose a plan that they conclude best fits their needs.