TRAI'S Web of Confusion

The debate over net neutrality refuses to die down. In the past one year, Telecom Regulatory Authority of India (TRAI) has rolled out three consultation papers on net neutrality, inviting views from all stakeholders - telecom operators, Internet companies, over-the-top players, experts and the public.

In December 2015, TRAI had floated a consultation paper on 'differential pricing for data services'. Based on the responses, it had come out with guidelines prohibiting telecom operators and Internet companies from offering or charging discriminatory tariffs for data services on the basis of the content accessed by a consumer. In March, it had issued another consultation paper on 'regulatory framework for OTT services', but we are still to hear from the telecom watchdog on that front. In fact, the paper was not followed by an open house discussion, which is an established process.

Its most recent consultation paper, released in late May, explores whether giving away free data is possible without violating its earlier regulations on differential data pricing.

In what seems like a rather uncomplicated issue, TRAI's approach has created confusion. "What's left to be said now," says a telecom analyst. A few experts BT spoke with are of the opinion that instead of coming out with several consultations, a comprehensive policy is required. While most industry players chose to remain silent, some are critical of TRAI's flip-flop. "It is observed that the authority is issuing a series of consultation papers on subsets (differential pricing, free data, Internet telephony) of the larger subject. By adopting a piecemeal approach and not addressing the larger subject at one-go is only adding ambiguity and uncertainty to the regulatory framework. We request the authority to take a holistic view on the subject," says a Broadband Indian Forum note.

There is no doubt that net neutrality is a tricky issue and regulators across the world have been struggling to establish a standard definition. Take the case of EU, for instance. BEREC, the regulator, recently released draft net neutrality guidelines (for consultation) that would cover all countries in the EU. It is reported that these draft guidelines have left huge holes, allowing zero-rating and throttling traffic. The consultation process will likely take care of these concerns.

The nature and type of services that the regulatory framework is required to cover are huge and growing at a rapid pace. It is extremely difficult to reach a definition that can cover all aspects. But bringing out several consultation papers, and subsequent guidelines on various subsets of net neutrality, could complicate it further. It is advisable TRAI comes out with a comprehensive guideline, which can be modified as and when required.