AMN /
In a major decision, Telecom Regulatory Authority of India (TRAI) has barred service providers from offering or charging discriminatory tariffs for data services on the basis of content being accessed by a consumer.
The Authority today issued regulations in this regard prohibiting them from entering into any arrangement, agreement or contract, with any person that may cause discriminatory tariffs. It has provided for a penalty of 50 thousand rupees for each day on service providers if they flout the order. The move is being seen as a boost to net neutrality and a blow to Facebook and other operators offering differential data tariffs.
Unveiling the details of the regulations, TRAI Chairman R S Sharma said if a service provider contravenes these regulations the regulator may ask them to withdraw tariff. He said the regulation, however, permits reduced tariff for accessing or providing emergency services, or at times of public emergency. Mr. Sharma said anything on Internet cannot be differently priced and this is the broad point that the TRAI has highlighted in the regulations.
The Chairman also said the new regulations are effective from today and active plans which are in contravention of the regulations should cease to exist in six months. The regulation essentially means that no telecom service operator can discriminate on the basis of platform, application, website and source. All things that are on internet will be subject to this regulation . The regulation provides for one-off exceptions in emergencies like the one that was in Chennai recently from unprecedented rains.
PROHIBITION OF DISCRIMINATORY TARIFFS FOR DATA SERVICES REGULATIONS, 2016
While formulating the regulations, the TRAI has largely been guided by the principles of Net Neutrality to ensure that consumers get unhindered and non-discriminatory access to the internet. The new rules come amid a long-running debate on net neutrality wherein Facebook has been facing flak for its ‘Free Basics’ platform, while operators like Airtel have been at the receiving end for similar plans announced earlier.
Facebook had planed to roll out Free Basics, providing access to a limited set of websites for free which could have affected the equal-access precepts of net neutrality. The TRAI will keep a close watch on the implementation of the regulation by the service providers and may review it after two years or even before that if necessary.
