Net neutrality: TRAI says no to differential pricing

New Delhi Backing Net neutrality telecomwatchdog Trai on Monday barred operators from charging differentrates for Internet access based on content dealing a blow toFacebooks controversial Free Basics and other such plansRuling against discriminatory pricing for different dataplatforms or content the Telecom Regulatory Authority ofIndia Trai said operators cannot enter into pacts withInternet companies to subsidise access to some websitesCompanies violating the rules will be fined Rs 50000 perday for the duration of contravention subject to a maximum ofRs 50 lakhNo service provider shall offer or charge discriminatorytariffs for data services on the basis of content Trai saidin its regulations for Discriminatory Tariffs for DataServicesIt gave six months to operators to wind down existingdifferential pricing servicesAnything on Internet cannot be differently priced Thisis the broad point that we have highlighted in regulationTrai Chairman R S Sharma told reporters issuing theregulationsHowever services providers have been allowed to reducetariff for access of providing emergency servicesWe have not defined emergency services But in the caseof such services operators have to inform Trai within 7working days he saidThe move dealt a blow to Facebooks plans to offer FreeBasics service that allows free access to certain websites inpartnership with a telecom operator Zero tariff plans ofother operators like Airtel would also be impactedThe plans were seen as violation of the principle of Netneutrality that calls for all websites being equallyaccessibleFacebook expressed disappointment at the Trai movesaying its goal with Free Basics is to bring more peopleonline with an open nonexclusive and free platformWhile disappointed with the outcome we will continueour efforts to eliminate barriers and give the unconnected aneasier path to the Internet and the opportunities it bringsFacebook spokesperson said in a statementCongress VicePresident Rahul Gandhi who had championedthe cause of Net neutrality hailed the move WelcomeTrais ruling in support of NetNeutrality Big win forInternet users in India Congratulations to all those whocampaigned tirelessly and fought hard to ensure that ourInternet remains free and equal for all his office tweetedTelecom operators see Trais regulations as an attack ontheir freedom to approach the market and expect adverseimpact on expanding connectivity in the countryIn our judgement we would have been able to approachmarket in a better way The flexibility for marketing willnot be there We need to discuss whether its serious enoughto contest Association of Unified Service Providers in IndiaAUSPI Secretary General Ashok Sud saidThe Cellular Operators Association of India COAI whichrepresents leading telecom players such as Airtel Vodafoneand Idea Cellular said it has been unable to understand theharm of differential pricing of data on consumers as allegedby TraiWith blanket ban you Trai have really indicated thatthere is definitive harm of differential pricing on consumersWithout defining Net neutrality you Trai have jumped ontariff plans Even in countries like the US Net neutralitywas defined followed by a zero rating definition COAIDirector General Rajan S Mathews saidHe took the line that litigation is the last resort andthe industry will seek government interventionWe will have a clear picture next week We are goingthrough the regulations Mathews saidFacebook has launched an aggressive campaign to defend itsFree Basics platform and argued that zerorating plans canlead to increase in Internet adoption at no cost to thegovernment the content provider or consumersIt was available in India only on Reliance Communicationsnetwork but the same was put on hold after Trais orderThe debate on Net neutrality started after Airtel decidedto charge separately for Internetbased calls in December2014 but withdrew it later after protests The debate heatedup after Airtel launched free Internet platform Airtel Zeroand later Facebook came out with its InternetOrg renamed asFree BasicsThis is the first ever regulation from Trai which sawrecord participation of 24 lakh people during the consultationround Facebook claimed that the number of comments in supportof Free Basics to be more than 135 crore as against Traisofficial figure of around 24 lakhIT industry through Nasscom IAMAI and other bodies haveappreciated Trais decisionTalking about difference of prices on the basis ofInternet speed like 2G 3G and 4G Sharma said Trai isdiscussing the same under the draft direction to serviceproviders for delivering broadband services in a transparentmanner