To,
RS Sharma,
Chairman, TRAI
CC:Vinod Kotwal, Advisor (F and EA), TRAI
Dear Sir,
On the outset, I would request you not to publish my email address on the TRAI website.
Telecom Service Providers should not be allowed to have differential pricing for data usage for accessing different websites, applications or platforms.
Differential pricing for data usage should not be permitted in principle, given that they will allow TSPs to act as gatekeepers on how Indians experience the Internet. Principles of non-discrimination, transparency, affordable internet access, competition and market cannot be furthered if differential pricing is permitted in any form.
Differential pricing on a case to case basis will result in unclear non-discrimination standards, increasing the likelihood of litigation. Again, players which are smaller will not have any ability to negotiate and will be excluded. Differential pricing by its very nature and phrase is a discriminatory practice. Given the clear harms which come through and the considerable costs and delay in evaluating case-by-case behavior, discriminatory pricing for data should be prohibited through firm, clear, bright-line rules.
Transparency in a system in which differential pricing is permitted will not serve the public purpose. Even if rate plans are published publicly or prior regulatory approval is demanded the harm is already caused as such plans will be devised by TSPs and not by individual users. Given that large TSPs often face limited competition in practice in specific geographical areas in India with respect to data services, transparency will not aid consumer choice. Quite simply just because a plan is published on the TRAI website will not ensure users can choose - especially if they actually do not actually have to ability to easily switch to other operators when it comes to data services and broadband. Beyond not assisting consumer choice in any meaningful manner, transparency will not aid in mitigating the harms caused to smaller content providers and startups that will be excluded from such plans. Please note that Reliance Communications and Facebook are yet to publish a complete list of services that form a part of Free Basics (Internet.org).
Zero rated services such as Internet.org/Free Basics and Airtel Zero are a form of positive discrimination, making some sites free versus others, and ending up making some sites more expensive. Affordable internet access can be furthered in several ways which are consistent with net neutrality. Some TSPs and Facebook through its Internet.Org/Free Basics zero rated offering has posed this in terms of a faustian bargain which completely ignores what some term “equal rated” services and other efforts that seek to expand Internet connectivity to all without compromising network neutrality. These alternatives are described in the answers to Question No. 3.
These submissions are in addition to the 12 lakh submissions to the TRAI on its Consultation Paper on OTT Services to Question Nos. 14 and 15 which similarly called for prohibiting TSPs from having differential pricing for data usage for accessing different websites, applications or platforms.
Several alternatives exist other than differentiated tariff plans or zero rated services that are practical to implement and will provide access to the Internet to millions of Indians who cannot afford it due the costs of data.
It must be remembered that improving access is public priority - and not one only to be left to some global private corporations. Private corporations cannot guarantee the neutrality and impartiality in exercising such a core government function and will only cite interests of access for furthering their own commercial profits. This will come at the cost of accountability which is at the core of any government process. Many experts have highlighted that access can be improved by the government through, “equal rated” plans that are deployed by the Government. This may be through deployment of the USO fund and creation of a national fiber optic network.
The World Wide Web foundation has suggested several alternatives for furthering access without compromising network neutrality which include a free allowance of mobile data for each citizen funded through an universal service fund. Further, TSPs can also offer 2G data services which are capped at 10/20 MB a month which would not violate any forms of network neutrality. Such measures would improve access and give millions of Indians access to the Internet, not some stripped down, wall garden in which content options are determined for them.
Further models exist and have been highlighted by entities such as the Mozilla Corporation and others. These are in the forms of, “equal rated” plans and are even being deployed in some countries. Some examples of it include:
“Could the private sector organize itself to provide a baseline “equal rating” for some amount of data necessary for modern life at discounted or no charge? Such a program would integrate the “version 1” private solution of limited access with the citizen demands for the opportunity and full inclusion of the full Open Internet. Perhaps those companies paying for the equal rating might get a “brought to you by” attribution that could bring brand value and network effects. Orange and Mozilla are experimenting with this sort of model in multiple African African and Middle Eastern markets, where users purchasing a $40 (USD) Klif phone receive unlimited talk, text, and 500 MB a month for 6 months.
Another possible way of “equal-rating” content so it is free-of-charge to the user is a model where people watch ads in order to access other sites. Mozilla has been exploring this model in a partnership with Grameenphone (owned by Telenor) in Bangladesh, where users can receive 20MB of unrestricted data per day after watching a short ad in the phone’s marketplace.”
Some TSPs and Facebook have incorrectly framed a debate around access at the cost of network neutrality to further their commercial interests. As it is evident from the above models access does not come at the price of network neutrality.
I believe TRAI will take my answers into consideration in forming its opinion. Several experts in the field hold similar views and have expressed their concerns on zero rating and net neutrality violation at various public forums. I would reiterate that several telecom operators and Facebook have launched products and services that violate net neutrality, undermining the consultation process. I request TRAI to put a temporary ban on such services till a decision is reached.
Additionally, it should be brought to your notice that Facebook has also used unscrupulous methods to get its users to submit their responses to the present consultation, misleading its users into believing they will be supporting net neutrality by doing so.
Lastly, I request the regulator to consider the submissions made to Question Nos. 14 and 15 in the Consultation on OTT Services (April, 2015) for the Consultation on Pricing Discrimination and come out with a definitive timetable for the conclusion of both consultation processes.
I support digital equality for India but DO NOT SUPPORT Free Basics
Thanks & Regards,
Vineet GHILDYAL
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