Net neutrality: 5 major takeaways from TRAI ruling
Even as the US Federal Communications Commission (FCC) looks poised on destroying the idea of an open and free internet, the Telecom Regulatory Authority of India (TRAI) has gone against such attempts, and in its latest guidelines has tried to ensure that the internet as a resource remains accessible to all without any discrimination.
The much-awaited recommendations come after TRAI floated a consultation paper on the topic inviting views on net neutrality in January. The paper sought views on ways to ensure non-discriminatory access to content on the internet and was followed up by an open house discussion in August involving activists and policy experts.
Releasing its recommendations on "net neutrality", TRAI has explicitly stated that internet service providers cannot in any form discriminate with content by putting restrictions on them – including blocking, slowing down or granting preferential speeds to certain content.
The recommendations released after a long drawn process in which TRAI held consultations with multiple stakeholders can be summarised in five broad points:
1) The biggest takeaway is that it puts the foot down on the scope for predatory practices by telecom operators by clearly stating that licensing terms should be enlarged to provide explicit restrictions on any sort of "discrimination in internet access based on the content being accessed, the protocols being used or the user equipment being deployed".
With this, TRAI has effectively drawn a red line and shunned calls from telecom operators for creating fast and slow lanes on the internet depending on the data and service you wish to use.
2) Elaborating on the meaning of discriminatory practices, the TRAI guidelines explain that "discrimination" in terms of content would include blocking, slowing down or granting preferential speeds to certain content."
3) Another major takeaway from today's recommendations is that TRAI has called for restrictions on service providers 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."
This recommendation would restrict any form of discrimination or interference in the treatment of content because of telecom regulators entering into partnerships with third party platforms like Flipkart, Amazon or Netflix.
4) TRAI with the recommendations has also closed the door on service providers using practices such as OTT services to charge consumers extra for services such as video calling, streaming etc. It has clarified specialised services are not allowed as a replacement for Internet Access Services and the provision of the "specialised services is not detrimental to the availability and overall quality of Internet Access Service".
What the TRAI has said is there there will be no discriminatory access, even for IoT services, unless specifically notified by DoT, and even then, it should not be a substitute for Internet Access Services.I would urge @manojsinhabjp to urgently accept these recommendations
— Nikhil Pahwa (@nixxin) November 28, 2017
5) The telecom regulator has also urged the government to establish a multi-stakeholder body with a "framework for collaborative mechanism among the stakeholders for the purpose of monitoring and enforcement".
There has been no exception carved for Managed Services as well. This is great news. 2 places where, IMO, the TRAI recommendations fall short are wrt identifying transparency mechanisms + do not understand why a monitoring body has to be industry led,instead of TRAI doing this.
— Nikhil Pahwa (@nixxin) November 28, 2017
Why the recommendations need to be celebrated
TRAI's recommendation clearly backs the idea of treating the internet as an essential resource that should be provided to all without any discrimination. The recommendations are clearly aimed at stopping exploitative attempts by telecom operators to create fast or slow lanes for specific services – video apps, messengers and other "over-the-top" services – as it impedes on the basic idea of keeping the net free and fair for all its users.
Once gain, thanks to @rssharma3 for upholding the principles of Net Neutrality which he had specified earlier. Also thanks to the the @trai for being the most transparent & open regulator in the country: they've allowed all of us citizens to participate in policy-making process
— Nikhil Pahwa (@nixxin) November 28, 2017
However, this is not the first time that TRAI has ruled in favour of upholding the ideals of a free and open internet. Even as telecom regulators around the globe are pushing the world towards a non-neutral internet, TRAI has been doing its bit to keep the internet free of discriminatory practices.
In February 2016, TRAI had ruled in favor of net neutrality by prohibiting discriminatory tariffs for data after an extended campaign by internet activists, who argued that Facebook’s Free Basics platform and other offerings by Indian telecom companies violated net neutrality principles.
What next?
As Access Now – a transparency and internet access advocacy platform – explains, the ball is now in the government's court. With TRAI playing its part, it's up to the ministry of communications and information technology to now incorporate the recommendations in legislation.
"The next steps on TRAI’s net neutrality recommendations are now to be taken by the Union government’s ministry of communications. The Union minister for communications and telecom secretary are required to indicate whether the government of India accepts the independent regulator’s recommendations and to announce how they plan to implement them. The implementation of these regulations by the government of India would include formally issuing new executive orders to amend the telecom license conditions of service providers who have been licensed to operate in India by the government."