Reviewing the 2024 Fair Share Debate
The year 2024 saw intense discussions on “fair share,” a topic that gained global attention due to its implications for net neutrality and open Internet access. In Brazil, the debate escalated with ANATEL’s public consultations and the ITS Rio and ISOC Brasil campaign against the so-called “Internet Toll.” Here’s a recap of the year’s key moments.
In February, ANATEL launched a new public consultation on user obligations , marking the second consecutive consultation on the issue, following an earlier debate in 2023.
In March, in response to controversial statements by ANATEL’s president, ITS Rio and ISOC Brasil published an Open Letter in Defense of Net Neutrality, which received broad support from institutions and individuals across multiple sectors.
In April, the FCC in the United States signaled a reassessment of net neutrality , suggesting a possible shift that could influence global discussions on “fair share.”
May was a pivotal month for the debate. In the U.S., the restoration of net neutrality strengthened momentum for similar policies in other regions, including Brazil. Additionally, the Internet Forum Brazil (FIB), held in Curitiba from May 21–24 and organized by NIC.br and CGI.br, became a key venue for these discussions.
During the event, ISOC Brasil hosted the panel “Internet Toll? The Impact of Network Fees on Net Neutrality” on Zero Day, moderated by Raquel Gatto and featuring Breno Vale (ABRINT), Mozart Tenório (ANATEL), Flávia Lefèvre (CDR), and João Victor Archegas (ITS Rio). The panel examined how Fair Share proposals could undermine net neutrality and competition, highlighting technical arguments against the policy and warning of disproportionate costs for consumers and restricted access to quality Internet services.
During the event, ISOC Brasil hosted the panel ”Internet Toll? The Impact of Network Fees on Net Neutrality” on Zero Day, moderated by Raquel Gatto and featuring Breno Vale (ABRINT), Mozart Tenório (ANATEL), Flávia Lefèvre (CDR), and João Victor Archegas (ITS Rio). The panel examined how Fair Share proposals could undermine net neutrality and competition, highlighting technical arguments against the policy and warning of disproportionate costs for consumers and restricted access to quality Internet services.
Another key discussion at FIB was the panel “Fair Share in the Telecommunications Sector: Challenges and Perspectives on Cost-Sharing for Network Expansion,” organized by the Legal Grounds Institute and featuring Alessandro Molon (AIA), Camila Tapias (Telefônica Brasil), Carlos Baigorri (ANATEL), Paula Bernardi (ISOC), and Ricardo Campos (Legal Grounds). The debate focused on the regulatory and economic challenges posed by Fair Share.
In August, the Ministry of Finance weighed in on ANATEL’s public consultation on Fair Share, introducing critical economic considerations to the debate. The Ministry warned that imposing network fees would create significant financial barriers for new entrants and small providers, undermining competition and innovation in the sector. It also emphasized the negative impact on consumers, pointing to the likelihood of higher costs and declining service quality.
In August, the Ministry of Finance weighed in on ANATEL’s public consultation on Fair Share introducing critical economic considerations to the debate. The Ministry warned that imposing network fees would create significant financial barriers for new entrants and small providers, undermining competition and innovation in the sector. It also emphasized the negative impact on consumers, pointing to the likelihood of higher costs and declining service quality.
In September, the resignation of Thierry Breton as European Commissioner sparked key reflections on network fee policies. Breton had been a vocal advocate for network fees, arguing they were essential for financing digital infrastructure expansion. His departure exposed deep divisions in Europe over the issue and served as a cautionary signal for Brazil. While funding infrastructure remains a critical concern, it is equally important to consider the broader impact on equity and open Internet access.
In November, at the LACIGF in Chile, ITS Rio and ISOC Brasil led a comprehensive program on “fair share” and participated in a panel where experts reaffirmed free access and net neutrality as fundamental to digital democracy.
In December, two major developments shaped the “fair share” debate: the approval of the report on Bill No. 469/2024, which prohibits charging additional fees for Internet infrastructure use, effectively blocking attempts to introduce such charges, and the publication of the Internet Impact Dossier by ISOC Brasil, which examined the Proposal for a Telecommunications Service Provider Compensation Model for Large Users submitted by Conexis under ANATEL’s Public Consultation No. 26/2023. Conexis argued that major digital platforms should contribute more to network infrastructure costs due to the large volume of data they generate. However, the ISOC Brasil report detailed the harmful consequences of this model, including threats to net neutrality, Internet fragmentation, increased costs for users, and higher barriers for new entrants and small providers.
As 2025 begins, we will continue monitoring Fair Share proposals, standing firm in defense of a free and equitable Internet.