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#dnaEdit: Partial to neutrality

With the US and several countries ushering in a regulatory framework to ensure net neutrality, India must follow suit and clear the cobwebs

#dnaEdit: Partial to neutrality

The US Federal Communications Commission(FCC) ruling upholding the principle of net neutrality will have much resonance in India, where telecom-broadband giant Bharti Airtel raised the issue in December only to be shouted down by Internet activists and entrepreneurs. Net neutrality mandates that broadband companies and Internet service providers(ISPs) should treat all content and applications alike without speeding or slowing down websites or classes of applications that offer video-streaming, Internet telephony or instant messaging. For over a decade now, the profits made by technology companies developing such applications have chafed ISPs no end. They have claimed a share in the pie, citing the huge investments that have gone into building broadband networks. However, the concern is that while big companies like Google and Netflix can pay for speeding up their data, the prospect is unedifying for smaller companies, startups, and even domestic Internet users.

In India, the net neutrality debate has been clouded by the uncertainty pervading the telecom industry ever since the 2G spectrum scam broke and the smaller players in the segment lost momentum. With popular mobile messaging services like WhatsApp and Hike reportedly rolling out voice-calling facilities, telecom service providers will have to brace for a precipitous decline in mobile call volumes and a consequent increase in data consumption. This is a situation similar to how instant messaging facilities offered by WhatsApp and Hike hit the SMS revenues of the telecom companies. Already, many smartphone users, upset with dropped calls and declining call quality, are switching to existing applications like Skype and Viber to make calls using their Wi-Fi internet connection or their mobile data packs. A not-too-distant future where consumers pay more for their data packs and less for voice calls is clearly emerging. This was the context in which industry leader Airtel proposed levying of extra charges for voice calls made over the Internet, also known as Voice over Internet Protocol (VoIP) calls, for Skype, Viber and the other players in the fray. Airtel withdrew citing a Telecom Regulatory Authority of India proposal to initiate a consultation process on VoIP charges.

The National Telecom Policy 2012 is quite explicit on the government policy towards net neutrality. The NTP’s goals include providing affordable communication to citizens and “enabling seamless delivery of converged services (audio, video streaming, VoIP) in a technology and service-neutral environment”. But it remains a grey area as the policy is not legally enforceable and acts more as a guideline thus reinforcing the need for a legislation. There are technologies like deep packet inspection(DPI) available which enable ISPs to scrutinise data and take actions to block, slow or speed-up websites and applications. While state companies, BSNL and MTNL, have claimed in RTI replies that they are not using DPI, there is no clarity about private companies and DPI usage. DPI also raises concerns about privacy. In the US, the debate saw President Barack Obama step in and offer his support for net neutrality. While Republicans, who worry about net neutrality affecting the broadband business, could use their majority in Congress to enact legislation, Obama can be expected to refrain from signing the bill into an Act. In India, the battle for making the Internet a more democratic space is at the telecom regulator TRAI’s doorstep. The political leadership can also pitch in and introduce legislation that discourages such tendencies. The Internet has become a most crucial engine for economic growth, knowledge acquisition, communication, entertainment and innovation. Those arguing against net neutrality are pitting the little good of corporate profiteering against the greater good of the commons.

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