To,

Chairman, TRAI

CC: Advisor (F&EA), TRAI

Dear Sir,

As recently as in April 2015 by using the SaveTheInternet.in platform, many Indians sent  responses to the queries raised by the TRAI. A reference to these earlier submissions is necessary given that specific answers to question numbers 14 and 15 in the Consultation Paper on Regulatory Framework for OTT Services were on price discrimination - and provide a valuable gauge of public opinion and expert advice. In order to gain from the previous consultation on OTT Services, I request the TRAI to consider answers from it for the present Consultation Paper on Differential Pricing for Data Services.

I support TRAI in the effort it has taken in this consultation paper, underlined by its determination to take initial steps on advancing net neutrality using its powers to regulate and oversee tariffs so as to protect consumers. Till a comprehensive network neutrality regulation is passed, such measures should be exercised urgently to prevent the repeated efforts to breach these principles by some players in the absence of binding rules. These attempts by some interested parties to rush ahead despite the ongoing study of these issues by the TRAI and the Government seem suspicious.

I endorse the idea of providing “all of the Internet, to all of the people, all of the time”, put forth by the World Wide Web Foundation established by Sir Tim Berners Lee and many other organisations which have been striving to expand connectivity to all without compromising network neutrality. It is my belief that the goals of access and network neutrality are incredibly important for India and the TRAI must further them both rather than falling prey to the falsehood - as sought to be portrayed by some commercial interests - that one is opposed to the other.

I would also like to suggest the need for greater clarity on TRAI’s next steps on the larger net neutrality discussions that it originally advanced in its earlier Consultation on OTT Services but not advanced on since May of this year. A firm timetable and clearer consultation process will improve predictability and trust in TRAI as an institution seeking to further the public interest.

I hope the TRAI considers my answers to the present consultation in forming its opinion. In the interim I request that it:

a. Exercises its power to enforce a moratorium on violations of network neutrality till the conclusion of the consultation process;

b. Make clear that in this current consultation on data pricing discrimination it will consider the submissions made by many  Indians to Question Nos. 14 and 15 in the earlier Consultation on OTT Services (April, 2015); and

c. Announces an actionable time table for the conclusion of both consultation processes.

Question 1: Should the TSPs be allowed to have differential pricing for data usage for accessing different websites, applications or platforms?

Telecom Service Providers should NOT be allowed to have differential pricing for data usage for accessing different websites, applications or platforms.

Question 2: If differential pricing for data usage is permitted, what measures should be adopted to ensure that the principles of non- discrimination, transparency, affordable internet access, competition and market entry and innovation are addressed?

There are several ways other than zero-rating and differential pricing to bring internet access to millions of Indians who hitherto cannot access internet due to high data costs. The TSPs cannot be the deciding authority as their commercial interests will be the overriding factor.

Question 3: Are there alternative methods/technologies/business models, other than differentiated tariff plans, available to achieve the objective of providing free internet access to the consumers? If yes, please suggest/describe these methods/technologies/business models. Also, describe the potential benefits and disadvantages associated with such methods/technologies/business models?

Yes, several alternatives exist other than differentiated tariff plans or zero rated services. Being a layperson, I do not have specific answers to your question.

Question 4: Is there any other issue that should be considered in the present consultation on differential pricing for data services?

The Government has a duty to provide unhindered internet access to all citizens. Determining what charges should be levied to provide internet access must be decided by the Government just as it determines what charges are levied for water supply, electricity, school/college fees, food, fuel and so on. “BAHU JAN HITAYE, BAHU JAN SUKHAYE” should be the guiding principle. Entrusting this duty in toto to private agencies is NOT recommended.

 

Regards,