Subject: Supporting Net Neutrality In India
From: Bimlendu Mishra
Date: 07-Apr-15 2:08 AM
To: advqos@trai.gov.in

Dear TRAI,

I am writing to express my concern against the actions that telecom carriers are taking to restrict fair access to the internet (Net Neutrality). I believe the internet is a vital resource - it helps me communicate, work, and thrive as a citizen. If telecom operators can discriminate internet traffic on the basis of which services pay the most, we are allowing telcos control over a vital and necessary technological resource. By doing so we allow them to define what information we can view; what entertainment we can access; and how companies can innovate.

This is completely unfair and harms India's long term role in the global market. I strongly believe the growth of telecoms and the well-being of the internet can go hand-in-hand. I'm asking for a framework to ensure long term and fair access for all services regardless of size. I want my generation and those that come after me to have unfettered access to the Internet, with no telcos or ISPs having the ability to charge for specific services I use on top of it. Please understand that the internet is an important resource and vital to me and to every other Indian citizen. I would like to see it kept free and protected under Net Neutrality to ensure fair and equal access for all and forever.

Net neutrality has been a raging topic of discussion in foreign media for the past few years. I am drawing your attention to the following incidents of violations of Net Neutrality over the past decade in the western world:

MADISON RIVER:  In 2005, North Carolina ISP Madison River Communications blocked the voice-over-Internet protocol (VOIP) service Vonage. Vonage filed a complaint with the FCC after receiving a slew of customer complaints. The FCC (Federal Communications Commissions) stepped in to sanction Madison River and prevent further blocking, but it lacks the authority to stop this kind of abuse today.

COMCAST: In 2005, the nation’s largest Internet provider, Comcast, began secretly blocking peer-to-peer technologies that its customers were using over its network. Users of services like BitTorrent and Gnutella were unable to connect to these services. 2007 investigations from the Associated Press, the Electronic Frontier Foundation and others confirmed that Comcast was indeed blocking or slowing file-sharing applications without disclosing this fact to its customers.

TELUS: In 2005, Canada’s second largest telecommunications company, Telus, began blocking access to a server that hosted a website supporting a labor strike against the company. Researchers at Harvard and the University of Toronto found that this action resulted in Telus blocking an additional 766 unrelated sites.

AT&T: From 2007–2009, AT&T forced Apple to block Skype and other competing VOIP phone services on the iPhone. The wireless provider wanted to prevent iPhone users from using any application that would allow them to make calls on such “over-the-top” voice services. The Google Voice app received similar treatment from carriers like AT&T when it came on the scene in 2009.

MetroPCS: In 2011, MetroPCS, at the time one of the top five U.S. wireless carriers, announced plans to block streaming video over its 4G network from all sources except YouTube. MetroPCS then threw its weight behind Verizon’s court challenge against the FCC’s Open Internet Order, hoping that rejection of the agency’s authority would allow it to continue its anti-consumer practices.

AT&T, SPRINT & VERIZON: From 2011–2013, AT&T, Sprint and Verizon blocked Google Wallet, a mobile payment system that competed with a similar service called Isis, which all three companies had a stake in developing.

VERIZON: In 2012, the FCC caught Verizon Wireless blocking people from using tethering applications on their phones. Verizon had asked Google to remove 11 free tethering applications from the Android marketplace. These applications allowed users to circumvent Verizon’s $20 tethering fee and turn their smartphones into Wi-Fi hotspots. By blocking those applications, Verizon violated a Net Neutrality pledge it made to the FCC as a condition of the 2008 airwaves auction.

AT&T: In 2012, AT&T announced that it would disable the FaceTime video-calling app on its customers’ iPhones unless they subscribed to a more expensive text-and-voice plan. AT&T had one goal in mind: separating customers from more of their money by blocking alternatives to AT&T’s own products. 

COMCAST: In April 2012, the CEO of Netflix criticized Comcast for not "following net neutrality principles". Netflix charged that Comcast was restricting access to popular online video sites, in order to promote Comcast's own Xfinity TV service.

So drawing by the above incidents and seeing the current state of affairs in India, I feel we will have the face the same cases here in India again. For example, Airtel has thier own music app, Wynk, so they will start blocking Gaana/Saavn etc other and much better music app, to force people to use wynk. Flipkart has now tied up with Airtel Zero platform, thereby allowing free access to flikpart on airtel. We don't know how much money was paid by Flipkart for this to Airtel, but this will certainly be some amount which small competitors of Flipkart may not be able to pay. So now Flipkart stands to gain an unfair advantage over say Amazon india or Jabong or Snapdeal. Users certainly don't want this.

India has a chance to not repeat the mistakes of the world. And TRAI has the power to help India set an example for the world.

Thanks.
Bimlendu Mishra.