30 January, 2018
Recommendations on Net Neutrality
The Telecom Regulatory Authority of India (‘TRAI’) has issued its recommendations on net neutrality on November 28, 2017 pursuant to a request of the Department of Telecommunications (‘DoT’). TRAI has recommended that telecom license terms should be amended to incorporate principles of non-discriminatory treatment of content by Telecom Service Provider (‘TSPs’), including incorporating a prohibition on TSPs from entering into any agreement with any person that has the effect of discriminatory treatment of content. The recommendations recognise exclusion for ‘specialised services’, being services other than internet access services, optimised for specific content or where the optimisation is necessary to meet specific quality of service requirements. Conditions for such exclusion include the requirement for these services to not be used or offered as a replacement for internet access services, and the provision of these services not being detrimental to the availability and overall quality of internet access services.
Further, TRAI has recommended that ‘internet-of-things’ as a class of service should not be an exclusion to the principle of non-discriminatory treatment of content.
Recommendations on Regulatory Framework for Internet Telephony
TRAI has issued its recommendations on the regulatory framework for internet telephony on October 24, 2017. The important recommendations include:
(i) use of mobile numbering series by the TSPs for providing internet telephony;
(ii) allocation of the same number to the subscriber for both cellular mobile service and internet telephony;
(iii) encouraging TSPs providing internet telephony to facilitate access to emergency number calls using location services; and
(iv) compliance with the interception and monitoring related conditions specified in the license by TSP s while providing internet telephony.
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
