Lok Sabha Question No. 2337 (UNSTARRED), answered on 2018-12-26
Subject: Net Neutrality
Ministry: COMMUNICATIONS
Asked by: C. MAHENDRAN, A. ARUNMOZHITHEVAN, (ADV.) JOICE GEORGE, NAGARAJAN P.

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK  SABHA UNSTARRED QUESTION NO.2337 TO BE ANSWERED ON 26 TH  DECEMBER, 2018

## NET NEUTRALITY

2337.   SHRI C. MAHENDRAN:

SHRI A. ARUNMOZHITHEVAN:

ADV. JOICE GEORGE:

SHRI P. NAGARAJAN:

Will the Minister of COMMUNICATIONS be pleased to state:

- (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

## 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  28 th November,  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. 1230/NT/2015/OTT(Pt) dated 31 st July, 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  26 th 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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