Along the same lines, the Internet came to India in the 90s but it\u2019s only when the sector was privatised and the telecom service providers made it a part of their offerings did the services really take off. In the last ten months, the number of Broadband users has jumped 40%, to more than 300 million users, giving citizens access to critical information, on demand \u2013 weather and market information to farmers or even health and education, to anyone who needs it, and when they need it. The growth rates in India are phenomenal, but a large number of Indians are yet to experience the internet - only 35% of Indians are online, thus far, and there is a crying need to bridge the digital divide.<\/p>

The Telecom Regulatory Authority of India (TRAI), just released its recommendations on Net Neutrality. They are welcomed by the industry for their intent, of hoping to achieve non-discriminatory, universal internet access. The industry has long stated its support for a universal, free and open internet. However, it is equally important to examine the issue, which the current set of recommendations seek to address, and examine if, in their present form, they be conducive towards this end. In the Internet world, we like to go with an old adage, \u2018do not fix what is not broken\u2019. The industry, while recognising the issue of access, has made several submissions to the regulator adressing all the critical threads, which need to be resolved for a comprehensive solution. Various public consultations, which lasted for almost a year took place, and the industry participated in these deliberations, and made their submissions, providing regular and timely inputs.<\/p>

The recommendations issued by TRAI on Net Neutrality do not put in place a coherent policy, and have taken a piece-meal approach towards this complex issue. The conversations about Net Nuetrality, gathered steam in India, post the FCC ruling in the USA. Globally, developed countries are rethinking this policy \u2013 the Federal Communications Commission (FCC), that makes all telecom policy in the USA, has called for a revote on its current Net Neutrality policy, and has initiated the process for undoing the previous government\u2019s recommendations on NN. The reasoning being simple. \u201cWe can increase investment in broadband networks and connect more Americans to the services that these companies offer online,\u201d a statement from the FCC, on the vote said.<\/p>

It is therefore improtant to speak for the voices not in the room, for true actualisation of Digital India and bridging the digital divide. The TSPs who drive connectivity and facilitate access, have long called for a stable, predictable, policy ecossytem, which faiclitaes both innovation and investment. A big disappointment for the industry was also the fact that the TRAI did not address, the key ask of same service, same rules. Essentially two entities, offer the same service, but are governed by different rules, adding to the stress of being a Telecom Service Provider in India. It is however the telcos who are dirivng both internet adoption and affordable access. The need for deeper internet penetration, especially in rural India, and for underserved populations has never been greater for optimal unitlisaiton of even the JAM trinity. The telcos, therefore have argued for light touch regulation and policy nuetrality, which allows the market to determine fair play. Further all requisite oversight through DoT and the Competetion Commission, also exists to monitor any violations.<\/p>

The present recommendations further an understainding of Net Neutrality, without fully taking into account, the requirements for India, where access remains a priority issue and connecting the next billion, is a priority. They also currently do not sufficiently address, crucial national security issues, that come with most OTTs. Similarly, putting new and emerging technologies like the Internet of Things ( IoT), under the principles of Net Neutrality is not an advisable step. This is neither pratical nor conducive. Prioritisation, of services would have been an important step to ensure delivery of essential services without delay. The industry is both concerned and disappointed.<\/p>

The terms and conditions of the licence agreement mandate, that telecom service providers ensure the protection of the privacy of communications and user data, complying with strict rules on customer confidentiality and record keeping, among others. While, TSPs adhere to these norms, Over-the-Top (OTT) communication service providers such as WhatsApp, Skype, Viber, Google, etc. are not under the purview of these binding regulations, which mandate strict compliance from TSPs. Not only does this create an uneven playing field for the industry, it compromises the nation\u2019s security, too.<\/p>

It cannot be disputed that, whatever the definition or case for Net Neutrality, national security and privacy issues are paramount. There can be no exceptions: \u2018Same Service, Same Rules\u2019. The industry has long asked for either these conditions be applied to the OTT players or they should be freed of these requirements as well, which come bundeled with the license obligations.<\/p>

Globally as concerns grow over cybersecurity, there have been instances where some rogue app providers and even device manufacturers have jeopardised customers\u2019 privacy and security by leaving open trapdoors to periodically update their apps and operating systems. Hackers, exploit these loopholes to access sensitive personal information of consumers. As phishing and malware strikes keep rising worldwide, it would be foolish to take these threats lightly.<\/p>

The TRAI Net Neutrality consultation paper noted that applications can trace the user\u2019s location. \u201cThis information may be used to commit a crime, or the location itself may be the target of a crime. Such threats can impact the nation\u2019s security and financial health,\u201d TRAI\u2019s paper cautioned. Another worrisome fact is that it\u2019s extremely difficult for calls made over the Internet to be tracked and traced by law enforcement entities. Expensive satellite phones or sophisticated equipment are no longer needed by hostile elements to communicate and hurt India\u2019s interests. OTT services have made communications safer, faster and inexpensive for such criminal elements.<\/p>

Clearly, the only way to achieve this goal is by ensuring OTTs meet the same comprehensive and stringent security norms mandated and enforced upon the licensed telecom companies. This is why, the industry has called for \u2018Same Service, Same Rules\u2019 to become the guiding principle of any Net Neutrality definition. It is important to note, globally there is still no single accepted definition of Net nuetrality and it has never been a core value of the internet.<\/p>

Beyond just overlooking the need to regulate OTTs, TRAI has also recommended a watchdog body, as a standard setting, monitoring and enforcement body. Given that the telecom sector is already a heavily regulated one with significant competition, and DoT as the licensor is fully cometent and empowered, this would only add to unnecessary & bureacuratic delays for the sector.<\/p>

Further, the Regulator has included IoT (Internet of Things) as a class of services under the scope of the restriction on non-discriminatory treatment. This is likely to significantly impact the growth of the technology due to its pervasive nature. However, critical IoT services may be identified by DoT as specialised services will be automatically excluded. Despite the fine distinction the regulator has made these would be impossible and entirely unfeasible to operationalise in a connected world.<\/p>

The industry has been experiencing debilitating financial distress. The sector\u2019s cumulative debt stands at around INR Five lakh crores, while revenues have fallen to INR 2.13 lakh crore.<\/p>

The ability to exhort the most out of data services was expected to be the light at the end of the tunnel. High speed data or broadband services presented the sector with an opportunity to not only diversify into providing more services, but also with increased connectivity, macro-economic indicators would have seen a significant rise. The need for investments in the sector has never been greater. These recommendations come at a time when a conducive, stable, predictable, ecosystem is required for affordable access and internet proliferation for bringing the next billion online.<\/p>

Submissions, made by the industry, remain crucial in providing Internet services to every citizen of the country, aligned with achieving the aims of Digital India and actualising the Hon. Prime Minister\u2019s vision. The industry\u2019s point of view is important from developing an India-specific definition and regulation of Net Neutrality, more importantly facilitating net proliferation and not just net regulation. A facilitative, light touch policy framework can only ensure the delivery of essential services at the grass root level for the poorest of the poor, especially for rural India and the underserved population of the country.<\/p>","blog_img":"","posted_date":"2017-12-05 15:31:24","modified_date":"2017-12-06 12:47:36","featured":"0","status":"Y","seo_title":"Net neutrality norms need to be broader in approach","seo_url":"net-neutrality-norms-need-to-be-broader-in-approach","url":"\/\/www.iser-br.com\/tele-talk\/net-neutrality-norms-need-to-be-broader-in-approach\/2733","url_seo":"net-neutrality-norms-need-to-be-broader-in-approach"},img_object:["","retail_files/author_1485515109_temp.jpg"],fromNewsletter:"",newsletterDate:"",ajaxParams:{action:"get_more_blogs"},pageTrackingKey:"Blog",author_list:"Rajan S Mathews",complete_cat_name:"Blogs"});" data-jsinvoker_init="_override_history_url = "//www.iser-br.com/tele-talk/net-neutrality-norms-need-to-be-broader-in-approach/2733";">