Net Neutrality: TRAI says no to differential pricing
TRAI had issued a Consultation Paper on 'Differential Pricing for Data Services' in Dec 2015.
This Consultation primarily sought the views of the stakeholders on whether the service providers should be allowed to charge differential tariffs based on the websites/applications/platforms being accessed on the internet.
Based on the responses received and the internal deliberations, TRAI has issued the regulations.
While formulating the regulations, TRAI has largely been guided by the principles of Net Neutrality seeking to ensure that consumers get unhindered and non-discriminatory access to the internet.
These regulations intend to make data tariffs for access to the internet to be content agnostic.
During the consultation process, TRAI received a large number of detailed responses, in support and against ex ante steps for regulating differential tariff for data services based on content.
After a careful examination of the responses, TRAI has decided that ex ante regulation, rather than a case by case tariff intervention regime, would be more appropriate as it would give the much needed certainty to industry participants.
Such a step is also warranted in view of the high costs of regulation in terms of time and resources that will be required for investigating each case of tariff discrimination.
The authority has therefore mandated the following:
a) No service provider shall offer or charge discriminatory tariffs for data services on the basis of content.
b) No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tarlffs for data services being offered or charged by the service provider for the purpose of evading the prohibition in this regulation.
c) Reduced tariff for accessing or providing emergency services, or at times of public emergency has been permitted.
d) Financial disincentives for contravention of the regulation have also been specified.
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