TRAI’s ruling in favor of net neutrality is a welcome move; we spell out what each of their clauses mean
In a landmark judgement, the Telephone Regulatory Authority of India (TRAI) has ruled in favour of Net Neutrality. The country’s telecommunications watchdog introduced a news release today called the ‘Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016’.
In a nutshell, this ruling states that Internet service providers will not be allowed to charge discriminatory tariffs for data services on the basis of content. It is a significant decision that will affect both the web services that are delivered over Internet access networks, as well as the the way in which Internet Service Providers (IPSs) structure their offerings in light the of the myriad of Web applications we use each day.
Especially from the viewpoint of web services that utilize significant amounts of data--including video, audio and file downloads--this ruling, which prevents ISPs from charging different rates for each of these services, is immediately expected to lead to a democratization in app usage and deployment.
Here are the TRAI rulings and what spell for users and service providers across the country:
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“No service provider shall offer or charge discriminatory tariffs for data services on the basis of content.”
Your Internet service provider--whether it be your local cable-wallah or your cellular phone service--will not be allowed to charge you differently based on the services you use your Internet connection for. So whether you make plenty of VoIP calls using an app like Skype, or video chat extensively with something like Google Hangouts, you will be charged at the same rate as other services that utilize your Internet connection.
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“No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged by the service provider for the purpose of evading the prohibition in this regulation.”
This clause smartly makes it more difficult for providers to find loopholes in the ruling: for example, by entering into seemingly innocent contracts with web apps that may subsequently circumvent the principles of net neutrality.
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“Reduced tariff for accessing or providing emergency services, or at times of public emergency has been permitted.”
The ruling thoughtfully leaves open a route for relevant web services to downrate--or even zero rate--their services to provide critical assistance during times of emergencies, such as the time companies like Google made their communication service to France free during the time of the Paris terror attacks in November last year.
“Financial disincentives for contravention of the regulation have also been specified.”
As reported earlier, companies found transgressing this ruling will face penalties amounting to Rs 50,000 per day, up to a maximum of Rs 50 lakh. Our only hope is that service providers--especially those with deep pockets--don’t intentionally flay this rule and gladly shell out the penalty.
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