Telecom regulatory authority bats for net neutrality

Upholding the principles of internet as an open platform, telecom watchdog Telecom Regulatory Authority of India (TRAI) on Tuesday came out with its much-awaited recommendations on net neutrality, saying that internet services should be non-discriminatory. It also suggested that the Government set up a body to monitor violations.

“The service providers should be restricted from entering into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory treatment based on content, sender or receiver, protocols or user equipment,” the regulator said in a statement, adding that the scope of the proposed principles on non-discriminatory treatment apply specifically to ‘Internet Access Services’, which are generally available to the public.

TRAI’s recommendations come days after US Federal Communications Commission Chairman Ajit Pai proposed to dismantle the 2015 rules that require ISPs to treat all content travelling through their pipes equally. Pai’s proposal, which calls for reclassifying ISPs as information services instead of common carriers, is scheduled to be voted on by the full commission next month.

TRAI, which had last year barred discrimination in net access through differential pricing, wants to regulate the manner in which the current licensing requirement of unrestricted access to all content on the Internet is implemented and enforced, during pendency of a decision on its recommendations by the Government.

Supporting the regulator’s move for common users, TRAI Chairman RS Sharma called for internet being an important platform for India and also kept open and free, and not cannibalised. “No one owns internet. So, it should be open and accessible to everyone,” Sharma said, suggesting that service providers should not indulge in gate-keeping of this important platform.

Sharma added, “Internet is an important platform for the country, especially in the context of innovation, startups, online transactions, various Government applications, and the ‘Digital India’ programme. So, it is important that the platform is kept open and free and not cannibalised.”

However, telecom firms and internet companies differ on the TRAI proposals. On one hand, internet firms lauded the regulator’s move that calls for unhindered access to content and services over the web, while telecom operators said that it has applied a ‘narrow definition’ to the topic on the other.

They said TRAI did not address the issues related to connecting the unconnected in India and licensing of apps or websites providing calls and messaging services such as Whatsapp, Skype, Viber and Google Duo. The regulator recommended barring telecom operators from imposing any restriction, like reducing net speed or blocking the access of any content or service available on the internet, except in special cases like court orders and the Government directions. “We had proposed broad approach on net neutrality covering national priority of connecting the next 1 billion unconnected people in India and licensing for over-the-top players,” telecom operators body COAI Director General Rajan S Mathews said.

If the proposals are accepted, the Internet Service Providers (ISPs) will not be able to block or throttle any web traffic, be it on computers, laptops or mobile phones, and offer fast lanes for content providers who pay for the privilege.

However, TRAI’s recommendations pave the way to end all sorts of discriminatory practices that telecom operators may exercise to differentiate among services and content over the internet such as reducing its speed for accessing online video.

It has also suggested changing licence terms of players to explicitly restrict any form of discrimination in internet access based on content. The regulator has cautioned that discriminatory treatment would include any form of restriction or interference including practices like blocking, degrading, slowing down or granting preferential speeds.

It has, however, made a provision to exempt ‘specialised services’ from its principles of discriminatory treatment, clarifying that relaxation would only be applicable to those services where optimising is necessary in order to meet specific quality of service requirements. “Internet of Things, with exception to critical IoT, would have to adhere to the restrictions on non discriminatory treatment,” it said.

“The authority recommends that the terms of various license agreements governing the provision of Internet services in India be amended in order to incorporate the principles of non-discriminatory treatment of content by Internet Access Services along with the appropriate exclusions and exceptions,” it added.

The regulator has further recommended that DoT may establish a multi-stakeholder body comprising telecom operators, ISPs, content providers, civil society organisations and consumer representatives to monitor and probe violations. This body would be responsible for developing technical standards pertaining to monitoring of traffic management practices and enforcement of principles on non-discriminatory treatment and making appropriate recommendations to the authority”.

TRAI’s consultation paper on Net neutrality was sought by the Department of Telecom (DoT) following the suggestion of a high-level committee which proposed regulation of domestic calls on Internet-based apps by putting them at par with services offered by telecom operators. That move came under immediate attack from various industry bodies and the civil society.