Question : Net Neutrality

(a) whether the Government is planning to establish a multi-stakeholder body to ensure collaboration among telecom sector stakeholders and if so, the details thereof;

(b) whether the TRAI has made any recommendations with regard to introducing safeguard and protection to net neutrality and related license agreement with Telecom Service Providers (TSPs) and if so, the details thereof and the action taken by the Government thereon;

(c) whether the Government has issued any new guidelines with regard to implementation of principles of net neutrality and has constituted any expert panel in this regard and if so, the details thereof along with the major recommendations submitted by the said panel;

(d) whether the Government has taken any action on the aforementioned recommendations and if so, the details thereof;

(e) whether the Government has amended the unified licence norms for TSPs and Virtual Network Operators (VNOs) to include the regulatory framework for applications of net neutrality principles and if so, the details thereof;

(f) whether the licensees are prohibited from entering into any agreement leading to discriminatory treatment of content and if so, the details thereof; and

(g) whether the Government proposes to impose tariff limitations for different services on internet and if so, the details thereof?

Answer given by the minister

THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS &
MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)

(a) Telecom Regulatory Authority of India (TRAI) had recommended that for monitoring and enforcement, Department of Telecommunications (DoT) may establish a multi-stakeholder body with framework for collaborative mechanism among the stake holders. Deciding that the proposed multi-stakeholder body should have an advisory role, DoT has sought additional recommendations from TRAI on the composition, functions, role and responsibilities of the multi stake-holder body.
(b) to (d) Telecom Regulatory Authority of India (TRAI) submitted its recommendations on Net Neutrality to DoT on 28thNovember, 2017 which, inter-alia, includes recommendation for amendment in the terms of various license agreements governing the provision of Internet services in India to incorporate the principles of non-discriminatory treatment of content.

In order to ensure that the regulatory framework adheres to the fundamental principles and concepts of Net Neutrality, the policy directives on Net Neutrality incorporating the principles of non-discriminatory treatment of content have been issued vide DoT letter no. 12-30/NT/2015/OTT(Pt) dated 31stJuly, 2018 which is available on the website of DoT (www.dot.gov.in). As per the directives, the Internet Access Services are to be governed by a principle that restricts any form of discrimination, restriction or interference in the treatment of content, including practices like blocking, degrading, slowing down or granting preferential speeds or treatment to any content. Government has not constituted any expert panel in this regard.

(e) & (f) Government has amended the Unified Licence for Telecom Service Providers (TSPs) and Virtual Network Operators (VNOs)to incorporate the principles of non-discriminatory treatment of content vide DoT letter no. 20-271/2010-AS-I Vol III dated 26th September, 2018.The letter is available on the website of DoT(www.dot.gov.in).

As per the amendment issued in Unified Licence for Telecom Service Providers (TSPs) and Virtual Network Operators (VNOs) to incorporate the principles of non-discriminatory treatment of content, the licensee is prohibited from entering into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory treatment of content.

(g) There is no proposal before the Government to impose tariff limitations for different services on internet.

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