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Article 126 of the Act of 13 June 2015 on electronic communications, completed by the Royal Decree of 19 September 2013 obliges certain operators to retain identification data, mainly for the benefit of judicial authorities. Once per year these operators have to provide BIPT with statistics on the access to those data by virtue of that Decree. These statistics are then integrated in an official report that is transmitted to the Minister of Justice and the Minister in charge of electronic communications. With a view to transparency towards the public, BIPT publishes a consolidated public version of that report which includes the statistics of all operators for the years 2014 and 2015 on its website. By giving preference to a consolidated and validated communication of the results of the entire sector, by acting out its role as a third-party confidential advisor, bestowed upon BIPT by law, the latter wishes to provide the transparency required to keep the end-user’s trust in the electronic communications services at a high level. This way we also avoid the burden that would befall each operator to have to communicate his own statistics individually, the hypotheses of which would perhaps differ from one operator to another. This includes: the numbers regarding the requests by administrations for the years 2014 and 2105; the number of data transmitted; the numbers regarding the deadlines following which these data have been collected; the requests that have remained unanswered.

In this report BIPT sets out its findings regarding the investigation and the analysis of Proximus’ offers in which zero rating is applied. In the case of zero rating the Internet Service Provider does not consider the data traffic of a specific application or category of applications for the data limit. This results in free data for this specific application or category of applications. In Proximus’ offers, launched on 17 October 2016, customers get zero rating for one favourite app they have to pick from a list of 6 possible applications: Facebook, WhatsApp, Snapchat, Instagram, Twitter or Pokémon Go. BIPT’s first finding is that Proximus doesn’t discriminate (in the sense of the European Regulation regarding open Internet access) between the chosen favourite app and the remaining data traffic when the surf volume included in the allowance is exhausted. Next BIPT concludes, in an analysis that was recommended in the BEREC Guidelines (the European umbrella for telecom regulators), that there are no elements at the moment indicating that the zero rating of apps by Proximus endangers the Internet users’ rights to consult information and content freely, to share it and to use and provide the applications and services of their choice. BIPT nevertheless continues to monitor the numbers regarding the offers of Proximus and the use of apps and will continue to monitor the operators attitude towards open Internet access.

Consultation of the BIPT Council of 17 January 2017 at the request of the Vice-premier and Minister of the Digital Agenda, Telecom and Postal Services on a draft Article of Law regarding the measures to gear the rate of numbers allowing payment service users to block their payment tool to the tariff principles of the Code of Economic Law. Deadline: until 16 February 2017 Replies can be sent to: consultation.sg@ibpt.be Regarding: "CONSULT-2017-A2"

Communication by the BIPT Council of 20 December 2016 regarding the monitoring of the universal telecommunications service 2015-2016

Judgement of the Brussels Court of Appeal of 14 December 2016 ordering the removal of the appeal lodged by Telenet Tecteo Bidco against the letter of BIPT of 27 June 2014 regarding the unique fee for the use of the 900 MHz and 1800 MHz frequency bands

The decision, which will replace a decision from 2011, is to ensure coexistence between aeronautical radars of Belgocontrol and of the Ministry of Defence in the 2700-2900 MHz frequency band on the one hand and the use of the 2500-2690 MHz band by 4G operators on the other hand.Deadline: until 25 January 2017  Ref. : «CONSULT-2016-D9» Address: consultation.sg@bipt.be  Contact persons: Michael Vandroogenbroek (02 226 88 11)

The Act of 21 March 1991 on the reform of certain economic public companies puts BIPT in charge of the publication of a yearly report on the respect of the obligations imposed on postal licence holders. Therefore, BIPT verified the compliance of TBC-Post with its licence conditions after three years of activity. Following this verification, BIPT noted a number of shortcomings which TBC-Post immediately rectified. This verification thus showed that TBC-Post fulfils the obligations it is expected to after three years of activity.

In its decision of 10 October 2016 on the delivery times for the year 2015 BIPT established that bpost does not comply with its legal obligations regarding the delivery times for priority single-piece letter post items. Consequently BIPT imposed a remedy upon bpost which ought to improve the quality in the short term for the category of priority single-piece letter post items. This investment project has been checked as regards its aim, the impact on quality enhancement of the priority single-piece letter post items, detailed planning and financing. BIPT believes that the investment project complies with the terms and conditions as laid down in above-mentioned decision. BIPT will monitor the actual implementation thereof.

Belgium generally maintains an average price level compared to its neighbours.

BIPT publishes for the fifth time a benchmark study of the prices for telecom products in Belgium and our neighbouring countries (the Netherlands, France, Germany, Luxemburg and the United Kingdom).