REGULATORY UPDATE: TELECOM REGULATORY AUTHORITY OF INDIA-RECOMMENDATION ON REGULATIONS GOVERNING NET NEUTRALITY IN INDIA

The Recommendations were published on November 27, 2017. The previous guidelines issued by the Department of Telecommunications state that no internet access service provider shall resort to any form of discrimination, restriction or interference in the treatment of content, including practices like blocking, degrading, slowing down or granting preferential speeds The Telecom Regulatory Authority of India (TRAI) has finally made its position on exclusive paid internet services (internet.org) clear by stating that the access, ease of access and manner of access should be open, clear, transparent and unrestricted in nature. The TRAI has also clarified that the functioning of the internet including aspects such as connectivity, speed, accessibility, should be free, fair and equal to everyone who seeks to access the same. Interestingly, the TRAI has kept content delivery networks, (networks functioning as intranet networks for the purposes of sharing data without connecting to the internet) outside the scope of regulation. At the same time, the TRAI has ensured that IoT (internet of things) services is not excluded from the scope of the restriction on non-discriminatory treatment. Trai has also recommended a watchdog for enforcing Net Neutrality and proposed reasonable measures of traffic management, in line with TRAI guidelines Source: http://www.trai.gov.in/sites/default/files/Recommendations_NN_2017_11_28.pdf

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