Here's your last chance to bat for Net Neutrality

TRAI has released a final consultation paper seeking public views on the controversial net neutrality issue. It has decided to follow a two-stage approach given the complexity of the matter. While TRAI opposed differential pricing last year, this second stage of the consultation is aimed at formulating 'final views' on policy or regulatory interventions that are required when it comes to net neutrality.

 

The paper seeks for public views until 15 February, and the last date for counter comments is 28 February.

 

According to PTI, TRAI said, "The ongoing consultation process was initiated pursuant to this reference from the DoT. The present consultation paper is accordingly being issued in continuation to the 'Pre-Consultation Paper on Net Neutrality'.

 

The pre-consultation paper floated on May 30, 2015 discussed issues such as net neutrality definition, scope for traffic management, importance of unrestricted access, transparency, preserving customer privacy and national security. The second stage or the paper seeks comments on what should be the principles for non-discriminatory access to content, and how to understand Internet traffic and Internet providers in the context of net neutrality.

 

It seeks views on which body should be responsible for monitoring and supervision and actions such body be empowered to take in case of any detected violation. And, if the Authority opts for QoS regulation on this subject, what should be the scope of such regulations?

 

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The government plans to decide the framework for net neutrality after getting recommendations of TRAI on the subject. However, as we know, last year, TRAI barred differential pricing, booting out services like Internet.org and we've also seen how public ire led Flipkart to turn away from 'Airtel Zero' platform. However, its recent decisions like free mobile data for rural areas have begun raking the net neutrality issue.

 

Now, TRAI his seeking public view for 14 questions under the latest consultation paper, and you can send your responses to advqos@trai.gov.in. The questions are:

 

Q.1 What could be the principles for ensuring nondiscriminatory access to content on the Internet, in the Indian context?

Q.2 How should “Internet traffic” and providers of “Internet services” be understood in the NN context?
(a) Should certain types of specialised services, enterprise solutions, Internet of Things, etc be excluded from its scope? How should such terms be defined?
(b) How should services provided by content delivery networks and direct interconnection arrangements be treated? Please provide reasons.

 

Q.3 In the Indian context, which of the following regulatory approaches would be preferable:
(a) Defining what constitutes reasonable TMPs (the broad approach), or
(b) Identifying a negative list of non reasonable TMPs (the narrow approach).Please provide reasons.

 

Q.4 If a broad regulatory approach, as suggested in Q3, is to be followed:
(a) What should be regarded as reasonable TMPs and how should different categories of traffic be objectively defined from a technical point of view for this purpose?
(b) Should application-specific discrimination within a category of traffic be viewed more strictly than discrimination between categories?
(c) How should preferential treatment of particular content, activated by a user’s choice and without any arrangement between a TSP and content provider, be treated?

 

Q.5 If a narrow approach, as suggested in Q3, is to be followed what should be regarded as non reasonable TMPs?

 

Q.6 Should the following be treated as exceptions to any regulation on TMPs?
(a) Emergency situations and services;
(b) Restrictions on unlawful content;
(c) Maintaining security and integrity of the network;
(d) Services that may be notified in public interest by the Government/ Authority, based on certain criteria; or
(e) Any other services. Please elaborate.

 

Q.7 How should the following practices be de_ned and what are the tests, thresholds and technical tools that can be adopted to detect their deployment:
(a) Blocking;
(b) Throttling (for example, how can it be established that a particular application is being throttled?); and
(c) Preferential treatment (for example, how can it be established that preferential treatment is being provided to a particular application?).

 

Q.8 Which of the following models of transparency would be preferred in the Indian context:
(a) Disclosures provided directly by a TSP to its consumers;
(b) Disclosures to the regulator;
(c) Disclosures to the general public; or
(d) A combination of the above.Please provide reasons. What should be the mode, trigger and frequency to publish such information?

 

Q.9 Please provide comments or suggestions on the Information Disclosure Template at Table 5.1? Should this vary for each category of stakeholders identified above? Please provide reasons for any suggested changes.

 

Q.10 What would be the most effective legal/policy instrument for implementing a NN framework in India?
(a) Which body should be responsible for monitoring and supervision?
(b) What actions should such body be empowered to take in case of any detected violation?
(c) If the Authority opts for QoS regulation on this subject, what should be the scope of such regulations?

 

Q.11 What could be the challenges in monitoring for violations of any NN framework? Please comment on the following or any other suggested mechanisms that may be used for such monitoring:
(a) Disclosures and information from TSPs;
(b) Collection of information from users (complaints, user-experience apps, surveys, questionnaires); or
(c) Collection of information from third parties and public domain (research studies, news articles, consumer advocacy reports).

 

Q.12 Can we consider adopting a collaborative mechanism, with representation from TSPs, content providers, consumer groups and other stakeholders, for managing the operational aspects of any NN framework?
(a) What should be its design and functions?
(b) What role should the Authority play in its functioning?

 

Q.13 What mechanisms could be deployed so that the NN policy/regulatory framework may be updated on account of evolution of technology and use cases?

 

Q.14 The quality of Internet experienced by a user may also be impacted by factors such as the type of device, browser, operating system being used. How should these aspects be considered in the NN context? Please explain with reasons.