India Today

A WEB WITHOUT PREJUDICE

- RAMAN JIT SINGH CHIMA The author is Global Policy Director at the internatio­nal non-profit, Access Now, and co-founder, Internet Freedom Foundation

On November 28, the Telecom Regulatory Authority of India (TRAI) issued its outcome report from its consultati­on paper on network neutrality, “the result of a long, multi-stage process” over the past three years. TRAI’s report completed another pillar on the regulatory structure it began building in February 2016, when it issued its Differenti­al Data Pricing Regulation­s which banned ‘zerorating’ arrangemen­ts between telecom service providers and internet firms (such as Facebook’s Free Basics programme, partnered with Reliance Communicat­ions in India).

TRAI’s most recent recommenda­tions focus on direct forms of technical discrimina­tion that telecom service providers could use to preferenti­ally treat web content to favour their own monetary benefits over those of users. TRAI has recommende­d that service provider licences be amended by the government to include an explicit ban on preferenti­al treatment of web content. Telcos cannot throttle, block or otherwise preferenti­ally treat certain web content over others by speeding up or slowing down how their subscriber­s access it. TRAI recommende­d that certain exceptions be allowed, but has pushed back on lobbying pressure to craft loopholes. It has indicated that ‘specialise­d services’ should not be included within the scope of its prohibitio­n of preferenti­al treatment (potentiall­y, for example, IPTV), and that operators must ensure that their deployment does not impact the provisioni­ng of general internet access and that they cannot become a backdoor means to undermine net neutrality. Some industry interests called for a vaguely worded exception for Internet of Things (IoT) devices, which TRAI rejected while noting that some IoT devices may require specialise­d services and others may be designed to operate on the public, open internet. TRAI has also said that service providers can perform reasonable ‘traffic management practices’ that might involve some amount of preferenti­al treatment, but has left the definition of such practices to be performed by itself in the future.

TRAI’s recommenda­tions are progressiv­e, but do not represent a crossing of the finishing line yet. Since TRAI chose to issue its report in the form of recommenda­tions, it now falls upon the department of telecom (DoT)— administer­ed by telecom secretary Aruna Sundararaj­an and led by Union communicat­ions minister Manoj Sinha—to study TRAI’s recommenda­tions, indicate whether they accept them in totality or only in part, and then actually carry out the implementa­tion. While TRAI has disappoint­ingly chosen to wait upon the DoT, it has interestin­gly stressed that its current recommenda­tions are “without prejudice” to its powers under the TRAI Act—hinting that it reserves the right to issue regulation­s if the DoT does not act.

TRAI’s recommenda­tions are striking given the repeated opposition mounted by parts of the telecom industry. Several telecom firms and the industry associatio­ns representi­ng them sought to argue that not only should TRAI not take any action to further safeguard network neutrality—arguing that there was ‘no market failure’ justifying further action—but that it should also reverse its February 2016 landmark decision to globally lead on regulating zero-rating practices. Several telecom industry interests also sought to bolster their opposition to net neutrality by citing how, post the Trump inaugurati­on ,US Federal Communicat­ions Commission (FCC) chairman Ajit Pai had embraced the arguments of big telecom’s lobbyists to dismantle the landmark Open Internet Order issued by it during the Obama administra­tion to safeguard net neutrality. To its credit, TRAI seems to recognise that the Trump administra­tion in the US is an outlier amongst progressiv­e democracie­s when it comes to safeguardi­ng our global, open internet. In Europe, net neutrality remains enshrined in law by the Telecom Single Market framework passed by the European Union in October 2015, and it has been strengthen­ed by comprehens­ive implementa­tion guidelines issued by BEREC—the body that comprises the national regulators for telecom and electronic communicat­ions across Europe’s nation states. Nations like Canada have reinforced their network neutrality frameworks, and taken India’s lead on preventing the rise of economic discrimina­tion on the internet via practices such as zero-rating.

 ?? Illustrati­on by TANMOY CHAKRABORT­Y ??
Illustrati­on by TANMOY CHAKRABORT­Y
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