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The sending party pays model in IP peering: Why fair share remains an elusive goal 

Fair share under scrutiny

When fair share rules reshape internet economics

The debate over who should fund network growth is moving into interconnection rules. This whitepaper compares Europe and South Korea and sets out a FRAND-based path.

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Summary
Should large content and application providers pay telecom operators for the traffic they send? This whitepaper examines Europe’s fair share debate, the draft Digital Networks Act and South Korea’s SPNP experience. It explains the effects on peering, investment, competition and service quality, and why any intervention should be evidence-based and subject to FRAND safeguards.
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    IP peering and fair share: Read the full analysis

     

    Compare Europe and South Korea and assess the case for FRAND interconnection.

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    Fair share beyond the slogan

    Six questions leaders should resolve before supporting sender-pays rules.

    What problem is fair share meant to solve?

    CAP traffic creates demand for broadband, while operators carry the investment burden. The first task is to distinguish a genuine interconnection market failure from a difficult commercial negotiation.

    How does today’s peering economics work?

    Settlement-free peering can reduce international transit costs and improve user experience through local caching. Paid agreements also exist, but the commercial balance differs by market and bargaining position.

    What does the EU’s draft DNA change?

    The draft Digital Networks Act promotes technical and commercial cooperation and voluntary conciliation. It does not mandate payments or allow regulators to impose terms, but it creates a basis for structured evidence.

    What does South Korea’s SPNP model show?

    South Korea shows how mandatory settlement can change routing, caching and investment incentives. Disputes affected service quality, while research points to fewer caches, weaker IXP development and more offshore traffic.

    Who gains and who carries the risk?

    CAPs benefit from wider reach, while operators fund network capacity. Domestic providers cannot relocate infrastructure as easily as global CAPs, and high interconnection margins can distort cloud, CDN and colocation markets.

    Why is FRAND the minimum safeguard?

    If sender-paying rules are mandated, price and non-price terms should be fair, reasonable and non-discriminatory. Market analysis and cost-based remedies may be needed where termination power creates dominance.

    Abstract digital illustration of a glowing blue data corridor with streams of binary code and network nodes converging toward a vanishing point, symbolizing the flow of internet traffic across interconnected networks.
    How Detecon can support

    Turning a polarised debate into an evidence-based decision

    We assess market structure, traffic flows, bargaining power and potential termination monopolies. The analysis covers current peering, transit and caching models and tests whether there is a market failure or primarily a difficult commercial negotiation.

    We quantify incremental interconnection costs, avoided transit costs, capacity needs and investment effects. Scenario models show how alternative payment structures affect operators, CAPs, users and infrastructure partners.

    We assess proposals against net neutrality, competition law, market analysis and dispute-resolution principles. For the Digital Networks Act and national approaches, we examine legal risk, implement ability and unintended consequences.

    We design guardrails for fair, reasonable and non-discriminatory prices and non-price terms. These can include cost evidence, transparency, equal treatment, review mechanisms and proportionate remedies for actors with market power.

    We support operators, CAPs, regulators, IXPs and investors in consultations and negotiations. The objective is a clear position that connects commercial interests with competition, investment capacity and outcomes for users.

    We analyze how interconnection rules can influence caches, IXPs, data centers, CDNs, cloud services and international traffic routing. This has potential effects on latency, service quality, market entry and attractive location visible early.

    Clarify your position

    Assess your exposure before interconnection rules and bargaining positions harden.

    South Korea’s SPNP experience

    What mandatory sender-pays rules changed in practice.

    Intervention changes more than prices

    Mandatory settlement influenced routing, caching, investment incentives and competition beyond the peering market. South Korea shows why regulators should test wider ecosystem effects before adopting SPNP.

    2016

    South Korea extended SPNP rules to domestic IP peering, introducing mutual settlement between peer operators.

    1%

    Traffic-share threshold used by the 2020 Traffic Stabilization Law to identify covered content providers.

    1M

    Daily-user threshold used by the law as a second test for covered content providers.

    2023

    Netflix and SK Broadband ended their legal disputes and agreed a strategic partnership.

    2026

    The EU draft Digital Networks Act favours voluntary conciliation and evidence gathering, not mandatory fees.

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    Regulatory expertise for the internet value chain.

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