Lok Sabha Question No. 1133 (UNSTARRED), answered on 2016-03-02
Subject: Telecom Companies
Ministry: COMMUNICATIONS AND INFORMATION TECHNOLOGY
Asked by: RAVINDRA KUMAR RAY, ASADUDDIN OWAISI, M. UDHAYAKUMAR, NAGENDRA KUMAR PRADHAN, PONNUSAMY VENUGOPAL, SUKENDER REDDY GUTHA, BALASUBRAMANIAM SENGUTTUVAN, KOTHA PRABHAKAR REDDY

## GOVERNMENT OF INDIA

## MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY DEPARTMENT OF TELECOMMNICATIONS

## LOK SABHA

## UNSTARRED QUESTION NO.1133

## TO BE ANSWERED ON 2 nd  MARCH,  2016

## TELECOM COMPANIES

†1133. DR. RAVINDRA KUMAR RAY: SHRI ASADUDDIN OWAISI: ADV. M. UDHAYAKUMAR: SHRI NAGENDRA KUMAR PRADHAN: DR. P. VENUGOPAL: SHRI GUTHA SUKENDER REDDY: SHRI B. SENGUTTUVAN: SHRI PRABHAKAR REDDY KOTHA:

Will  the  Minister  of  COMMUNICATIONS  AND  INFORMATION  TECHNOLOGY be pleased to state:

(a) whether Telecom Regulatory Authority of India (TRAI) has prohibited differential tariff for different services and has issued orders to enjoy equal price for accessing all kinds of data online;

(b) if so, the detailed guidelines issued by TRAI in this regard;

(c) whether TRAI has given any respite to the consumers who have opted different schemes of telecom companies and have paid for it;

(d) if so, the details thereof;

(e) whether any penalty is likely to be imposed on telecom companies for violating these guidelines; and

(f) if so, the details thereof and the extent to which net neutrality is equal to all in the country?

## ANSWER

## THE MINISTER OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) & (b) Telecom Regulatory Authority of India has issued 'Prohibition of Discriminatory Tariff for Data services Regulations, 2016 on 8 th February, 2016 which inter-alia has mandated the following:-

- (i)   No service provider shall offer or charge discriminatory tariffs for data service on the basis of content.
- (ii) No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of  discriminatory  tariffs  for  data  services  being  offered  or  charged  by  the service provider for the purpose of evading the prohibition in this regulation.

- (iii)  Reduced tariff for accessing or providing emergency services, or at times of public emergency has been permitted.

(c) & (d) The prohibition of discriminatory tariffs for data services regulations, 2016 shall  not  affect  any  packs,  plans  or  vouchers  with  unexpired  validity  subscribed  by  a consumer  before  the  date  of  commencement  of  these  regulations,  provided  that  no such packs plans, pack or voucher shall be valid beyond a period of six months from the date of commencement of these regulations.

(e) & (f)  As per the 'Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016'  issued  on  8 th February,  2016,  the  Authority  may  direct  the  service  provider  to withdraw  such  tariff  and  also  order  such  service  provider  to  pay,  by  way  of  financial disincentive, an amount of rupees fifty thousand for each day of contravention, subject to a maximum of rupees fifty lakh, provided that no order for payment of any amount by way of financial disincentive shall be made by the Authority unless the service provider has been given a reasonable opportunity of representing against the contravention of the regulation.

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