Net neutrality story echoes on Trai's Free Data paper

Several IT companies have expressed concerns over possible net neutrality violation due to regulator Trai's proposal to explore models to provide free data, while telecom operators have questioned the move.
Many individuals and some internet-based companies have, however, appreciated the proposal, forming part of a consultation paper, but want sufficient safegaurds that the free data model does not violate the net neutrality principle.
Trai has launched a consultation paper on exploring method to provide free data.
The regulator, which is exploring a 'toll free' number like facility for accessing online platforms, received comments from 11 telecom operators including internet service providers, 25 companies and organisations, 14 individual who addressed questions raised in the paper and hundreds of one line comments from individuals.

The last date for comments on the consultation paper was June 30, while for counter comments is July 14.
Internet-based companies like Hike Messenger, Times Internet, Medianama appreciated the move but with a caution that the final regulation should not violate principle of net neutrality.

Majority of individuals who responded to Trai's paper to frame rules for providing free internet service apprehended that attempt to create framework for free data may violate net neutrality principles.
Telecom industry bodies, COAI and AUSPI, submitted joint representation with objection and questioned Trai's call for telecom network agnostic platform for providing free data and barring them from any kind of selective partnership with web platforms or mobile applications as they may act as a "gatekeeper".

"We strongly believe there is a large opportunity in this market for a TSP (telecom service provider) agnostic platform to exist that allows start-ups like ours to purchase data in bulk that in turn we can use to make certain parts of the app free," Hike Messenger said.
Telecom operators and some other individuals saw conflict in Trai's Free Data paper with its regulation that barred discriminatory pricing leading to ban on Facebook's Free Basic type of platform in India.
"The innovative data services tariff plans introduced by the telecom service providers (TSP), reflected the very thought process that TRAI has mooted through this consultation paper on 'Free Data'," COAI and AUSPI said in their comments.

Bharti Airtel said that there is a myth that TSPs may act as a Gatekeeper and compromise the growth of some content providers or affect their level playing field.
It added that telecom operators have invested in telecom infrastructure running in thousands of crores and they have more stakes in the growth of internet.
COAI-AUSPI questioned Trai's jurisdiction to frame such
regulation.
"We are of the view that TRAI does not have any jurisdiction on regulating any platform which is not owned by the licensed TSPs. TRAI can only regulate the licencees. Presently in India, the control on content providers can be exercised only through the IT Act, and that too, on limited grounds," COAI-AUSPI said.

Moreover, the content providers whose infrastructure is hosted outside India are governed by the laws of that country itself, the industry bodies added.
It also questioned how a web company or mobile application can credit data to the consumers without any active tie up between the telecom operators and the content provider.
However, state-run BSNL said that the owner of the website who has commercial interest will be the only interested party to promote his website by reimbursing the amount to the end user through reward points, free charge, direct money transfer and other means.
"They may tie up for same with telecos or agnostic platform owners. This will be against the basic principle of net neutrality," BSNL said.

Times Internet suggested that data can be awarded to users by any player in the market except the telcom operators and the entities wherein telecom operators have equity stakes, subject to equality and net neutrality principles.
"TRAI must take note that TSPs can create unlimited data, while other sites do not create data, but purchase it from the TSPs; therefore, other sites cannot compete with the sites owned by TSPs or other TSP-owned entities in terms of free data rewards," the company said.