Ofcom launched an investigation into whether Vodafone UK and 3 UK are in breach of EU net neutrality rules by throttling certain services on their networks.

In a statement, Ofcom said the investigation followed evidence gathered under an enforcement programme and will be used to assess the operators’ compliance with the EU Open Internet Access Regulation 2015.

The UK watchdog said it will look at Vodafone’s traffic management practices when customers are roaming, particularly when they are using Vodafone Passes, an offer which allows customers to buy zero-rated access to certain applications including social media, music or video streaming.

At 3, Ofcom will probe whether the operator is throttling certain categories of traffic and if it should be allowed to restrict tethering (the practice of sharing internet connection from one device to another) on certain tariffs. The regulator will also assess the company’s practice of imposing restrictions on SIM usage, such as when “a SIM purchased for a mobile phone cannot be used in a tablet”.

Network management
Operators often use traffic management practices to ensure their networks are not subject to outages, for example if customers are using large amounts of data in certain areas.

Ofcom plans to gather additional information from other fixed and mobile providers before publishing an update on both investigations in June.

In response, 3 told Financial Times (FT) it would work with Ofcom to understand its concerns, while Vodafone said it was disappointed with the regulator’s decision to target Vodafone Passes. The company told FT it does not throttle video, but does optimise certain services.

Net neutrality became a hot topic over the past year after the US moved to repeal its laws on the matter.

At Mobile World Congress last week, European Commission VP Andrus Ansip said the continent would not follow the US’ lead and will continue to maintain its open internet protections.