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The aspiration to an open and neutral internet has been one the main causes for its impressive development. Nonetheless, the evolution in markets and technical advances seem to have an impact on those essential features of so connected networks, not only with the development of presente life but also with the freedom and equality of citizens. Hence the intense debate that exists regarding a minimum regulation for internet. This article focuses on specifying the legal arguments for the purpose of establishing the outlines of a public obligation that guarantees the neutrality of the network.