Telecom Regulatory Authority of India’s (TRAI) recent ruling should have settled controversy around net neutrality. A lot of publicity was given to it, sometimes comparing it with the right to equality. Industry lobbies, Telecom operators, IT companies, Media Houses and NGOs were all vocal in communicating their views.
However, there are still some loopholes in the TRAI ruling that need to be settled.
TRAI ruling says “No service provider shall offer or charge discriminatory tariffs for data services on the basis of content.” This is the essence of the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016. The idea is to keep the Internet open and non-discriminatory.
Consider an example of Facetime, a video chat service from Apple. The new regulations prohibit a telecom operator to charge ‘discriminatory’ tariff for accessing this service. But once you access it, discrimination begins. This popular service can be used only if the other person also has an Apple product - iPhione, iPad, iPod Touch or Mac Computers.
Isn’t it discriminationIJ Here a device company is providing telecom service through its App. It is allowed to differentiate between Apple and non-Apple users. This helps Apple in increasing sale of its products. Then why can’t a telecom service provider differentiate between different Apps and contents. TRAI regulations ignore this aspect of Neutrality.
Then there is the issue of licence conditions of Telecom service providers. While the basic principle of Net Neutrality may be right, TRAI should have kept the Apps - such as Skype and WhatsApp - that are competing directly with the Telecom service providers out of the purview of this regulation.
It becomes discriminatory when two companies offer same services - one pays spectrum and licence charges, while other doesn’t pay anything. In a country where call drop has become an epidemic and the situation is worsening day by day, a huge investment is needed in the sector. This would be possible only when the policies are transparent.
What is interesting is that TRAI has accepted that Facebook’s Free Basics and Airtel Zero would help in increasing Internet penetration in the country. However, it still prohibits these services. Perhaps it was communication failure of Facebook that it was not able to convince the policy makers in India.
It would be difficult for TRAI to ensure that the spirit of Net neutrality is not violated in the case of Intranet. The Regulations allow differential tariff for data. Telecom operators can easily make a group of consumers who subscribe to a particular content and can offer special data plan to them.
Similarly, there can be innovative ways to charge differential tariff for data under different packages.
Everyone has different definition of Net Neutrality. My view is that Net neutrality is universal access of Internet from any device, anywhere anytime and one should be able to receive the same quality of services for all the sites. However, it should not include any App or services that impinge upon the portfolio of licenced services.
(The writer is a Senior Journalist)