Lok Sabha Question No. 2297 (UNSTARRED), answered on 2017-03-15
Subject: Complaints pertaining to Slow Internet Speeds and Expensive Tariff
Ministry: COMMUNICATIONS
Asked by: BHARATENDRA SINGH, VIJAYSINH MOHITE PATIL, SUPRIYA SADANAND SULE, HEENA VIJAYKUMAR GAVIT, JAYAKUMAR JAYAVARDHAN

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA UNSTARRED QUESTION NO.2297 TO BE ANSWERED ON 15 TH  MARCH, 2017

## COMPLAINTS PERTAINING TO SLOW INTERNET SPEEDS AND EXPENSIVE TARIFF

## 2297. KUNWAR BHARATENDRA:

SHRI MOHITE PATIL VIJAYSINH SHANKARRAO: SHRIMATI SUPRIYA SULE: DR. HEENA VIJAYKUMAR GAVIT: DR. J. JAYAVARDHAN:

Will the Minister of COMMUNICATIONS be pleased to state:

- (a) whether  the  Government  is  aware  of  the  fact  that  mobile  users  are  reportedly experiencing slower internet speed and poor coverage despite subscribing to an expensive 4G tariff plan and if so, the details thereof and the action taken by the Government in this regard;
- (b) whether  the  Telecom  Regulatory  Authority  of  India  (TRAI)  has  been  receiving complaints  regarding  tariff  offers  not  being  adequately  transparent  and  if  so,  the  details thereof and the action taken by the Government in this regard;
- (c) whether the Government proposes to conduct any study and take action on the issue of  the  abuse  of  dominant  position  in  the  market  and  the  predatory  pricing  by  the  telecom service providers; and
- (d) if so, the details and the outcome thereof?

## ANSWER

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

- (a) The speed of mobile internet is dependent on a number of factors such as closeness to  the  cell  serving  the  customer,  the  number  of  users  being  served  by  the  cell,  the  traffic handled by the cell, the user equipment/mobile handset used by the customer etc.  As such, the mobile users may experience different speeds at different locations and time of usage.

The grievances booked in Public Grievance Portal of Government of India (CPGRAMS)  are  classified  under  various  categories,  which  include  'Improper  Network Coverage' and 'Poor Speed of Broadband'. The number of grievances booked under these categories for the year 2016 (1 st January 2016 to 31 st December 2016) is as below:

| Improper Network Coverage-   |   3302 |
|------------------------------|--------|
| Poor Speed of Broadband -    |   2544 |

There  is  no  categorization  specifically  regarding  poor  4G  speed.  The  grievances which  are  booked  in  CPGRAMS  Portal  are  forwarded  to  concerned  Service  Providers  for necessary action and after online reporting  of  status  about  action  taken  by  the  respective Service Provider the case is disposed off by the Department of Telecommunications (DoT).

For  wireless  data  services,  Telecom  Regulatory  Authority  of  India  (TRAI)  has prescribed  the  Quality  of  Service  (QoS)  Standards  through  'The  Standards  of  Quality  of Service for Wireless Data Services Regulations, 2012' on 4 th December 2012. As per these regulations, the service providers have been reporting their performance on the parameters minimum  throughput  and  average  throughput.    The  performance  reported  by  service providers on wireless data service is published quarterly on TRAI website.

TRAI had launched a mobile App named 'TRAI My Speed'. This application allows customers  to  measure  their  data  speed  experience  and  sends  the  results  to  TRAI.  The application captures and sends coverage, data speed and other network information along with device and location of the tests to the TRAI - 'MySpeed' Portal.  The TRAI - 'MySpeed' Portal  allows  the  users  to  explore  the  mobile  data  experience  of  consumers  across  India. The information displayed on the web site is based on crowd sourced data collected over a period of time and spread over geographical area.

(b) Inadequacy of transparency in tariff offers have been brought to the notice of TRAI by various  stakeholders  including  consumers.    The  concerns  expressed,  inter-alia,  relates  to multiplicity  of  tariff  offers  causing  confusion  amongst  consumers,  frequent  changes  in  the tariff plans enrolled, misleading tariff advertisements etc. TRAI has taken several measures to enhance transparency in tariff offers and to protect the interest of consumers.  Some of the major measures taken are listed below:

- (i) With a view to remove confusion in respect of tariff plans marketed as having 'Lifetime Validity', TRAI issued regulatory guidelines vide Telecommunications Tariff Order (TTO) 43 rd Amendment notified on 21 st March, 2006. Any tariff plan presented, marketed or offered as having lifetime or unlimited validity shall continue  to be  available to the subscriber as long as the service provider is permitted to provide such telecom  service  under  the  current  license  or  renewed  license.  The service providers were told to inform the customers the current period of expiry of their license.
- (ii) Direction  dated  1 st September,  2008,  and  48 th Amendment  to  TTO notified on 1 st September, 2008 mandated several transparency measures including the following:-
-  Tariff information to be provided in vernacular language also.
-  Blackout  days  (customary/festival  days  on  which  free/concessional calls/SMS are not available) restricted to a maximum of 5 days in a calendar  year.  Such  days  to  be  pre-specified  and  no  subsequent alteration or addition is permitted.
-  Straight  tariff  reductions  are  to  be  passed  on  to  consumers  without any precondition.
-  The  service  providers  shall  not  insist  on  recharge  between  periods lesser  than  six  months  in  lifetime  plans  for  remaining  connected during the promised lifetime validity period.

## (iii) Direction on publication of Tariff plans :

TRAI has issued a Direction on publication of Tariff  plans  on  16 th Jan 2012 which is aimed at enhancing transparency in telecom tariff offers and  facilitating  the  subscribers  to  choose  plan  that  suit  individual requirement  best.  Service  providers  are  to  publish  all  tariff  plans  in  a service area for prepaid and postpaid subscribers in the given format in one regional and one English newspaper at an interval not more than six months.  Full details of tariffs are to be made available at Customer care centre, Points of Sales and websites of the TSPs in the given format with a view to facilitate easy and transparent comparison.

## (iv) Direction on preventing misleading advertisements:

TRAI has  issued  a  Direction  on  preventing  misleading  advertisements on 26.03.2012. This Direction is intended to further improve transparency in telecom tariff advertisements and facilitate the subscribers to choose plan that suit individual requirement best.  It has been mandated that advertisements published by service providers are transparent and non-misleading and unambiguous, disclose all material information  in  unambiguous  manner  and  contain  the  website  address and customer care number of the telecom access service provider.  The advertisements  issued  in  vernacular  languages  should  contain  all  the mandatory disclosures in the same vernacular language.

- (v) TRAI has issued Telecom Consumer Protection Regulation on 06.01.2012  streamlining  tariff  offers  to  prepaid  consumers  to  facilitate enhanced transparency in the provision of service.
- (vi) To address the issue of multiplicity of tariff plans on offer in the market, it has been mandated that no service provider can offer more than 25 tariff plans at a given point of time in a service area.
- (vii) With  a  view  to  provide  to  consumers  stability  in  the  tariff  plans  for  a reasonable period, TRAI has prohibited any hike in tariff for a period of six months after enrolment of a subscriber into a tariff plan or at any time during the promised validity period of the plan.  In the case of lifetime plans,  the  TSPs  were  prohibited  to  effect  any  adverse  change  to  the disadvantage of the consumer at any point of time.
- (viii) The TTO recognizes the right of subscribers to choose any tariff plan onoffer at any point of time.  Subscribers are allowed to move across tariff plans and even across prepaid-postpaid platforms without having to pay any migration charges.

(c) & (d) TRAI has issued a consultation paper on 17.02.2017 on Review of Regulatory Principles  of  Tariff  Assessment.  This  consultation  paper  deals  with  emergent  issues  and challenges, inter-alia, related to regulatory principles of tariff assessment e.g. adherence to the  principle  of  non-predatory  pricing,  meaning  of  predatory  pricing,  relevant  market, assessment  of  dominant  position,  transparency,  promotional  offers,  disclosures  and  nondiscrimination etc.  The consultation process aims to bring about greater clarity in interpretation of various regulatory principles set out in the TTO in consonance with the best global  practices.    On  the  basis  of  feedback  received  during  the  consultation  process,  the TRAI proposes to make a comprehensive review of the tariff framework in a phased manner. A comprehensive consultation process in TRAI takes about 6 to 8 months' time to complete the process and thereafter TRAI finalizes its Recommendations/ Regulation/ Order.

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