Trai upholds net neutrality in its recommendations

29 Nov 2017 Evaluate

Telecom Regulatory Authority of India (Trai) has upheld net neutrality in its recommendations in a consultaion paper for over-the-top service. The guidelines issued by India’s telecom regulator state that no internet access service provider shall resort to any form of discrimination, restriction or interference in the treatment of content, including practices like blocking, degrading, slowing down or granting preferential speeds.

Trai Chairman R S Sharma called for Internet, an important platform for India, being kept open and free, and not cannibalised. 'No one owns Internet... so, it should be open and accessible to everyone,' Sharma said, suggesting that service providers should not indulge in gate-keeping of this important platform. Sharma said Internet is an important platform for the country, especially in the context of innovation, startups, online transactions, various government applications, and the Digital India programme. 'So, it is important that the platform is kept open and free and not cannibalized.

After considering the views expressed by stakeholders, review of the relevant literature and international experience, the Authority recommended that the principle of non-discriminatory treatment by TSPs should not be interpreted or applied in a manner that could deter future innovations or the development of new categories of services. Trai recommended that CDNs should not be included within the scope of any restrictions on nondiscriminatory treatment, which are designed specifically to cover the providers of Internet Access Services.

In its other recommendations, it said that discriminatory treatment of content is prohibited. Internet of Things (IoT), as a class of services, is not excluded from the scope of the restriction on non-discriminatory treatment. Trai has also recommended a watchdog along the lines of BARC India for enforcing Net Neutrality. Though, International treaties, court orders, government order on blocking certain sites is exempt from these guidelines. In 2016, Department of Telecommunications had sought TRAI's recommendations on net neutrality.

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