DoT asks TRAI to review net neutrality framework citing emerging tech, market transformation

The Telecom Department has approached sector regulator TRAI for a review of the 'net neutrality' framework, citing technological and market transformation, sources said.

The Telecom Department, in its reference to the Telecom Regulatory Authority of India (TRAI), has said that such a review should take into account emerging technologies and network management practices, including network slicing and differentiated service offerings.

It has asked TRAI to "revisit" the net neutrality framework "with a view to protect interests of the consumers, ensure quality of service, promote and ensure orderly growth of telecommunication services and adhere to the principles of fairness, transparency and non-discriminatory treatment".

Sources noted that TRAI's recommendations on net neutrality were issued way back in 2017, and technological advances over the past decade have made a review imminent.

Put simply, net neutrality is a principle that requires access providers to treat all internet traffic equally, without blocking, slowing down, speeding up, or charging differently for access to specific websites, apps, services, or content.

This means that the internet remains an open platform where users - not access providers - decide what content and services they see and avail.

In other words, access providers cannot block access to a competing service or speed up certain sites because they have commercial agreements; nor slow down, say, Netflix unless it pays extra, nor charge users more to access particular apps.

Following a public debate over differential pricing and zero-rating services such as Facebook's Free Basics, the government had accepted TRAI's recommendations and incorporated net neutrality obligations into telecom licences, while permitting only reasonable traffic management for security, congestion and legal compliance.

India has adopted one of the world's strongest net neutrality frameworks, requiring telecom operators and internet service providers to treat all online content equally.

The net neutrality debate, however, resurfaced recently after Bharti Airtel introduced a premium postpaid offering (Priority Postpaid) built on 5G network slicing, promising enhanced network performance for eligible subscribers even during congestion. While Airtel argued the service remained content-neutral and did not violate net neutrality principles, critics and telecom operator Vodafone Idea had questioned the offering.

Airtel later renamed the offering as Fast Lane, saying the underlying technology and plans remained unchanged.

Sources told PTI that in its reference, DoT has said that since 2017, recommendations of TRAI and their subsequent incorporation in license conditions, the telecommunications sector has undergone significant technological and market transformation.

The shift of the telecommunication services sector from a voice-centric to a data-centric market has led to a significant increase in data consumption over the internet.

Large deployments of 4G and 5G networks, increasing reliance on cloud-native network architectures and uptake of over-the-top-based communication and content delivery network platforms have transformed the manner and diversity of delivery and consumption of telecommunication services.

"With growing dependence of users on internet services, adherence to the principle of non-discriminatory treatment of content in the evolving scenario has assumed greater significance," DoT has said.

The Telecom Department further highlighted that 5G technology has been engineered to deliver high speed, ultra-low latency and massive device connectivity, enabling specialised use cases such as smart cities, Internet of Things and industrial automation.

To support these capabilities, 5G networks rely on technologies such as diverse spectrum utilisation, network slicing, edge computing and massive Multiple-Input Multiple-Output (MIMO).

Network slicing - a defining feature of 5G - enables the creation of logical networks with specific network capabilities and characteristics.

This, in turn, allows a single physical network infrastructure to be partitioned into multiple virtual, end-to-end networks that are isolated from one another and yet optimised to meet diverse requirements relating to latency, reliability, bandwidth, security and quality of service.

"These technological capabilities have given rise to new service paradigms and network management practices that were either at a nascent stage or not envisaged when the extant Net Neutrality framework was finalised," DoT said in a background note accompanying the latest reference.

Global efforts are underway to define 6G standards, with the ITU identifying key use cases such as immersive communications, AI-enabled networks, integrated sensing, ultra-reliable low-latency services, massive connectivity, and direct-to-satellite integration to connect underserved areas.

"...important questions arise regarding the continued adequacy and applicability of the extant Net Neutrality framework in balancing the principles of an open and non-discriminatory Internet with legitimate requirements relating to innovation, efficient network utilisation, quality of service assurance, consumer protection and the enablement of advanced digital services," the note said.

A periodic review of the framework may be necessary to ensure that the regulatory approach remains technologically relevant, future-ready and aligned with the evolving telecommunications landscape, DoT added.