TRAI comes out with ‘recommendations on net-neutrality’

With the possibility of the US dismantling its net-neutrality regulations, the Telecom Regulatory Authority of India (TRAI) has come out with heightened standards of enforcing the principles of net-neutrality..The ‘recommendations on net-neutrality’ come close to three years after the first committee was established by the Department of Telecommunications (DoT) in January 2015. Here’s a brief review of the Indian timeline on net-neutrality:.January 19, 2015: Committee established by DoT to provide recommendations on DoT..March 27, 2015: TRAI’s consultation paper on regulatory framework for over-the-top services..May 2015: Release of DoT committee report on net neutrality..December 9, 2015: TRAI’s consultation paper on differential pricing for data services..February 8, 2016: TRAI’s regulation on prohibition of discriminatory tariffs for data services..March 3, 2016: DoT sought TRAI’s recommendations on net neutrality..May 19, 2016: TRAI’s consultation paper on free data..May 30, 2016: TRAI’s pre-consultation on net neutrality..December 19 2016: TRAI’s recommendations on provisioning of free data..January 4, 2017: TRAI’s consultation paper on net neutrality..Applicability of the Recommendations.The principles are to apply only to “internet access services”, a term which has been defined in the recommendations. It further applies to Internet of Things (IoT) as a class of services, with the exception of IoT services as specialised services, that may be specified by the TRAI..However, services other than “internet access services” (IAS), which are optimised for specific content, protocols or user equipment, and where the optimisation is necessary in order to meet specific quality of service requirements, shall be exempted from the principles of discriminatory treatment. Further, content delivery networks, which enable a Telecom Service Providers (TSPs) to deliver content within its network without going through public internet, are exempt..Summary of the Recommendations.Amendments have been recommended to the Unified Access Service License and the Cellular Mobile Telephone Service License in order to incorporate the principles of non-discriminatory treatment of content by IAS along with the appropriate exclusions and exceptions.The principles of non-discriminatory treatment above, would be broad enough to include ‘any form of discrimination, restriction or interference’ in the treatment of content, including practices like blocking, degrading, slowing down or granting preferential speeds or treatment to any content.Service providers should be restricted from entering into any arrangement contract with any person that has the effect of discriminatory treatment based on content, sender or receiver, protocols or user equipmentIAS providers be allowed to take reasonable measurements for traffic management, provided the same are proportionate, transient, and transparent.TSPs shall be required to declare their Traffic Management Practices (TMPs), as and when deployed and the impact it may have on users.For monitoring and investigation of violations, a collaborative mechanism has been recommended to be established in the form of multi-stakeholder body which would be responsible for developing technical standards pertaining to monitoring of TMPs and enforcement of the principles.