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    Trai seeks views to define Net Neutrality, wants responses by June 21

    Synopsis

    In addition, Trai wanted views on the “reasonable traffic management practices” that carriers may need to adopt and in what manner these could be misused.

    ET Bureau
    NEW DELHI: India’s telecom regulator has rekindled the debate over a free and open internet by issuing a much-awaited paper that aims to define net neutrality and identify relevant issues, such as throttling speeds and regulating communication apps, that will form the basis of a policy on the subject.

    In a pre-consultation paper issued on Monday, the Telecom Regulatory Authority of India (Trai) sought views from stakeholders on six key questions, including what should comprise the core principles and policy approach toward net neutrality in India.

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    In addition, Trai wanted views on the “reasonable traffic management practices” that carriers may need to adopt and in what manner these could be misused. This question covers a key aspect of net neutrality that’s against any move by service providers to slow down or speed up access to websites.

    Image article boday
    It also covers the issue of blocking or prioritising of data through traffic management tools, say backers of a free internet. While seeking views on a policy framework defining the relationship between telcos and apps, or over-the-top (OTT) players, Trai also sought comments on precautions that need to be in place to ensure customer privacy and safeguard national security.

    While there is a broad consensus on the need for net neutrality — a concept that guarantees free and equal access to the internet for all — telcos want app makers that provide communications services such as WhatsApp and Skype to be regulated, so that they follow similar security and privacy rules that govern carriers besides having to adhere to licensing and revenue-sharing conditions. Communications app providers say any move to regulate them would stifle innovation.

    “This pre-consultation paper is an attempt to identify the relevant issues in these areas, which will help Trai in formulating its views on the way forward for policy or regulatory interventions,” the regulator said. Responses have been sought by June 21.

    “Because net neutrality is a very large issue, we first got all the issues that can come under net neutrality, to formulate them, so that our consultation paper is completely comprehensive. Therefore we have taken this one more step as a pre consultation paper. We expect all stakeholders to give their input and on the basis of that the consultation paper we will make will be very comprehensive,” Trai Chairman RS Sharma said.

    Over the last year or so, the regulator has issued three papers on various aspects of net neutrality without taking any final view on the matter. But it appears that this latest paper aims to tackle the issue holistically.

    “I think there are a few repetitions in this and the first consultation (of March 2015). This covers all issues related to net neutrality, all previous regulations, pricing and so on,” said Prasanth Sugathan, counsel at Software Freedom Law Centre. “The basic principle is that there should not be any discrimination.”

    The latest paper comes after Trai in February barred discriminatory pricing of data services, including zero-rated plans such as Facebook’s Free Basics and Airtel Zero, tackling net neutrality from a tariff perspective.

    Responses to Trai’s previous paper on regulating OTT players issued in March 2015 are still pending with the regulator.

    Meanwhile, an internal Department of Telecommunications (DoT) panel had separately submitted its own report on the issue of net neutrality in May 2015, backing the concept and barring zero-rating but calling for regulation of communications apps.

    Earlier this month, Trai floated another paper, this time exploring ways to provide mobile Internet to consumers for free without violating the ban on discriminatory pricing of data services.

    Through the latest paper, the regulator plans to define net neutrality and focus on crucial issues, including slowing down or speeding up access by telcos to websites as well as blocking and prioritising of data.

    The throttling of speed and fast lanes have already been banned by the US Federal Communications Commission, although the US, unlike India, hasn't barred zero-rated products outright.

    “There is a fine line between correctly applying traffic management to ensure a high quality of service and wrongly interfering with internet traffic, for instance, to limit applications that threaten the TSP’s (telecom service provider’s) own lines of business or to adopt more profitable business and revenue-sharing models,” Trai said.

    ET reported on Trai’s move to float a full-fledged paper on net neutrality in its March 17 edition. A pre-consultation paper is usually followed by a consultation paper, an open house for discussions and then the regulator’s final recommendations to the telecom department.

    “The term ‘network neutrality’ generally refers to the principle that TSPs must treat all Internet traffic on an equal basis, without regard to the type, origin, or destination of the content or the means of its transmission,”

    Trai said in its latest paper. “Adherence to this principle of net neutrality is arguably necessary for maintaining the open and non-discriminatory character of the internet, features that are responsible for the phenomenal growth of the internet in the past decades.”

    The regulator's order on differential tariff for data services fell within its jurisdiction but the issue of net neutrality as a whole falls under the purview of DoT. The regulator's recommendation along with the report of the DoT committee on net neutrality will form the basis of the government's final policy.

    The government is under increasing pressure from backers of a free internet and political parties to issue a broad framework that backs an open internet. The government has repeatedly said it will adhere to the principle of net neutrality and Telecom Minister Ravi Shankar Prasad has told Parliament that the government is committed to a free, fair and democratic internet.

    Rajan Mathews, director general of the Cellular Operators Association of India (COAI) backed net neutrality, but called for a level playing field with apps providing similar communication services as telcos. He though favoured a minimally interventionist approach.

    “We're better off being very minimalistic in our intervention and use the existing things like anti-competition and anti-monopolies, consumer protection,” Mathews said.

    In its report on the subject, the internal committee of DoT last year had recommended barring the zero-rating plans of telcos and proposed bans on throttling and prioritisation of internet traffic.

    It had also suggested a new law incorporating principles of net neutrality to replace the Indian Telegraph Act. It had, however, called for “regulatory oversight” on applications such as WhatsApp’s calling service and Skype that allow voice calls.

    The report called for a balance between ensuring openness and reasonable traffic management by telcos and internet service providers (ISPs) for legitimate needs.

    It recommended allowing legitimate traffic management, but said “exploitative or anti-competitive traffic management,” “application-specific control within the Internet traffic” and traffic prioritisation on a paid basis should not be allowed.
    The Economic Times

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