TRAI Proposes to Keep Internet Free, But With Some Exemptions

Recommendations on net neutrality: Trai says internet service providers shouldn’t enter pacts that discriminate.

TRAI says internet service providers should not enter into pacts which discriminate on content.

(Photo: iStockphoto)

India’s telecom regulator left it to the government to decide if any “specialised services” can be exempted from net neutrality while suggesting that restrictions or preferential access to the internet should not be allowed.

The exempted services shouldn’t be a replacement for internet access or detrimental to the overall quality, the Telecom Regulatory Authority of India said in its recommendations released today. The Department of Telecommunications may identify such services, it said.

In general, TRAI suggested that licensing rules of service providers should not allow any discrimination in internet access, and it should be applicable to all internet-based content, including applications, services and any other data.

TRAI’s recommendations:

• Licensing terms should be amplified to provide explicit restrictions on any sort of discrimination in internet access based on content being accessed.
• Content would include all content, applications, services and any other data.
• Includes any form of discrimination, restriction or interference.
• Includes blocking, degrading, slowing down or granting preferential speed or treatment.
• Service providers should be restricted from entering into any arrangement, agreement or contract that has the effect of discriminatory treatment.
• Scope of proposed principles on non-discriminatory treatment apply specifically to “internet access services”, which are generally available to the public.
• In order to remove any ambiguity, internet access services have been defined.

Special Category Eligible For Exemptions

Specialised services that will be exempted from discriminatory treatment are:

• Services optimised for specific content, protocols, or user equipment.
• Services where optimisation is required to meet specific quality of service requirement.
• Department of Telecommunications may identify specialised services.
• Such services should not be used as a replacement for internet access services.
• They should not be detrimental to the overall quality of internet access services.

Content Delivery Networks

• Enable telecom services provider to deliver content within its network without going through public internet.
• Such networks are exempted from restrictions on non-discriminatory treatment.

Internet of Things

• As a class of services, not excluded from scope of restrictions on non-discriminatory treatment.
• Critical IoT services, which may be identified by DoT, which satisfy definition of specialised services, will be excluded.

Traffic Management

• Internet access service providers may take reasonable measurements for traffic management.
• Measures must be proportionate, transient, and transparent.
• Service providers must declare impact of such practices on users.
• Disclosure requirements to include information about specialised services, direct or indirect arrangements.

A Body To Monitor, Probe Violations

It will have representatives from:

• Telecom service providers.
• Internet service providers.
• Content providers.
• Representatives from research and academia.
• Civil society organisations.
• Consumer representatives.

(This is a developing story and will be updated)

(This story was originally published on BloombergQuint.)