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                                                                        WORDS OF CAUTION FROM TRAI
                                                                        It has suggested changing licence
                                                                        terms  of  players  to  explicitly
                                                                        restrict any form of discrimination
             Trai Bars Operators from                                   in  Internet  access  based  on
                                                                        content.  The  regulator  has
          Discriminatory Practice on                                    cautioned  that  discriminatory
                                                                        treatment would include any form
                           Net Access                                   of  restriction  or  interference
                                                                        including practices like  blocking,
                                                                        degrading,  slowing  down  or
                                                                        granting preferential speeds.  Trai
       In February last year, Trai addressed a part of Net neutrality which was under
       its jurisdiction. It barred platforms like Facebook’s Internet.Org and Airtel  also  sought  to  bar  services
                                                                        providers from  inking pacts  that
       Zero which allowed free access to select websites to check ‘gate-keeping’ in  have  “effect  of  discriminatory
       cyber space                    —By  Moumita  Bakshi  Chatterjee
                                                                        treatment  based  on  content,
                                                                        sender or  receiver, protocols  or
       Telecom  regulator  Trai  has      Pai’s proposal,  which calls for  user equipment”. Its has however
       recommended prohibiting Internet  reclassifying  ISPs as  information  made  a  provision  to  exempt
       service providers from making any  services  instead  of  common  “specialised  services”  from  its
       discrimination  in  traffic  while  carriers, is scheduled to be voted  principles  of  discriminatory
       providing  web  access  by  either  on  by  the  full  commission  next  treatment,   clarifying   that
       blocking or  throttling some apps,                               relaxation would only be applicable
       websites  and  services  or  by                                  to those services where optimising
       offering  ‘fast lanes’  to others. In     In Brief               is  necessary  in  order  to  meet
       its much awaited recommendations   Trai  has  recommended       specific  quality  of  service
       on  Net  neutrality,  the  Telecom   prohibiting Internet  service  requirements.
       Regulatory Authority of India (Trai)  providers  from making  any  It  has  said  that  Internet  of
       upheld the principles of Internet as  discrimination in traffic while  Things, with  exception to critical
       an open platform. Trai, which had    providing web access.       IoT, would have to  adhere to  the
       last year barred discrimination  in   In  its  much  awaited    restrictions on non discriminatory
       Net  access through  differential    recommendations  on  Net    treatment.   “The   authority
       pricing,  wants  to  “regulate  the  neutrality,  Trai  upheld  the  recommends  that  the  terms  of
       manner  in  which  the  current      principles  of  Internet  as  an  various  license  agreements
       licensing    requirement    of       open platform.              governing the provision of Internet
       unrestricted access to all content                               services  in India  be amended  in
                                          If the proposals are accepted,
       on the Internet is implemented and                               order to incorporate the principles
       enforced”, during pendency of  a     the ISPs will not be  able to  of non-discriminatory treatment of
                                            block  or  throttle  any  web
       decision on its recommendations by                               content  by  Internet  Access
       the government.                      traffic.                    Services along with the appropriate
                                          The  new  rule  will  help  in
          If the proposals are accepted,                                exclusions  and exceptions,”  Trai
       the  Internet  service  providers    building  uniformity  in  the  said.  The  new  rule  will  help  in
       (ISPs) will not be able to block or  terms  of  governing  the   building uniformity in the terms of
       throttle any web traffic,  be it on  provision  of   Internet    governing the provision of Internet
       computers,  laptops  or  mobile      services.                   services by different categories of
       phones,  and offer  fast lanes  for                              licensees, it said. The regulator has
       content providers who pay for the                                recommended  that  DoT  may
       privilege. Trai  recommendations  month.  Trai’s  recommendations  establish a multi-stakeholder body
       come  days  after  US  Federal  pave  the way  to end  all sorts of  comprising  telecom  operators,
       Communications  Commission      discriminatory  practices  that  ISPs,  content  providers,  civil
       chairman  Ajit  Pai  proposed  to  telecom operators may exercise to  society   organisations   and
       dismantle  the  2015  rules  that  differentiate  among services  and  consumer  representatives  to
       require  ISPs to  treat all  content  content over the Internet such as  monitor and probe violations.
       travelling  through  their  pipes  reducing its  speed for  accessing  This body would be “responsible
       equally.                        online video.                    for developing technical standards
       March 2018                                                                  Competition  Wizard  73
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