Can't repost but this slide deck is both excellent and very provocative for other BEREC members trying to work out what to do. ARCEP states:
"As the guarantor of net neutrality, Arcep believes that attention must also be paid to end-user devices and their operating systems. Arcep believes that impediments to a fully open internet may derive from factors that are not covered by the Open internet regulation. Among these factors, Arcep has specifically identified devices and their operating systems (OS), whose properties end users are not necessarily in a position to fully assess. After a first round of work and interviews, Arcep has mapped out its initial findings on impediments to an open internet that derive from devices. The map identifies four main types of restriction: those resulting from the characteristics of the device being used (physical fixed or mobile device), those that can be attributed to software developments, those resulting from operating systems' and app stores' editorial policies and, lastly, those resulting from device suppliers' business models.
The published report is the first milestone in an action plan devoted to end-user devices and their operating systems With the publication of this report on end-user devices and their influence on internet openness, Arcep marks a first milestone in the "open devices" action plan announced in 2016 in the report that concluded its strategic review. The purpose of map that Arcep has drawn is to serve as the starting point for future dialogue with stakeholders. Players are thus being asked for their feedback on these initial findings, but also to share their views on how this issue will evolve over time, using the following e-mail address: email@example.com.
Work on this topic will continue, through deeper analysis of the restrictions and their justification. Arcep intends to investigate the actions that may need to be taken, notably regarding the fluidity of end-user device markets, to ensure a truly open internet. This open approach, which should result in a more detailed report and a dedicated event in early 2018, will be coordinated by "Devices" project leader, Jennifer Siroteau."