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Image source: https://www.youtube.com/watch?v=0S1t54THJZY |
What is Net
Neutrality?
It is simply an unbiased treatment of all kinds of data over Internet. Quoting
from the consultation paper of
TRAI:-
"Strict NN:
NN prohibits TSPs from speeding up, slowing down or blocking internet traffic
based on its source, ownership or destination.
According to Hahn & Wallsten, “NN usually means that
broadband service providers charge consumers only once for internet access, do
not favour one content provider over another, and do not charge content
providers for sending information over broadband lines to end users.”
So how all this started?
3-4 years back, smartphone penetration was very low. With arrival of Android
OS, smartphones' prices started coming down. At the same time, mobile
application market too saw a quick boom. Suddenly everyone who could afford,
had a nice smartphone in hand with so many mobile applications (apps) installed
in them.
While this meant a boon for consumers like us, the same gradually
brought a big worry for Telecom Service providers (TSPs). The profit margins
started coming down for them. With arrival of messaging apps like Nimbuzz, whatsApp,
WeChat, hike etc. people with smartphones got a better option to sms and mms.
Using these messaging services were far cheaper than sms/mms option.
So the
profits getting generated from sms and mms came significantly down for the
TSPs. Similarly, arrival of calling apps like skype and Viber meant a great
loss for TSPs again. International calling cards went for a toss, and even for
National calls, many people on 3G started using these calling apps. As per the
stats of TRAI, in the year 2003, skype’s traffic was almost 40% the size of the
entire conventional telecom market, and in growth terms it has now far outpaced
the combined growth in the voice minutes of the global telecom industry!!
So
you got that? Telecom Service Providers are crying over the loss in profits
happening due the emergence of these messaging and calling apps. But there
comes another point. Aren't these telecom companies earning more too, due to
the rise in internet data consumption? Is the rise in revenue on account
of data packs, enough to mitigate the loss in profits happening due to decrease
in revenue from sms and calls? Apparently not. Their argument is that, they
have to increasingly keep upgrading the system to cater to the increasing
demands of consumers, and they have to keep investing in new infrastructures at
the same time. So all these additional expenses make it difficult for the
revenue from data packs to mitigate the loss in profits due to the mobile apps.
That's what the contention of TSPs is, and that's what TRAI also seems to be
getting convinced with.
So now TSPs are up in arms and are demanding various
regulations in order to get compensated for their loss in profits. After having
a meeting with TSPs and mobile app makers on the issue, TRAI thought the need
for some regulations, but they wanted to take public opinion. So they came out
with a 118 pages consultation paper explaining the issue in detail, and asking
20 questions on various aspects of the issue.
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Image source:- http://www.technotraps.com/net-neutrality-india/ |
The TRAI consultation paper
basically focusses on 3 major issues:-
-
Concerns raised by TSPs
- The OTT app makers not bounded by Indian laws and
regulations
- Security concerns related to the OTT (over the top)
From the tone and tenor of the paper, TRAI seems to be tilting more towards the
cause of TSPs. Their argument- these app makers do a free ride on the network
of TSPs, flourishing and earning huge profits without giving TSPs any portion
of their profit. Funnily enough, TRAI has termed these mobile apps as OTT- Over
the top- services, as if they are doing a crime by using data "over the
top"!
In the words of TRAI-
"The characteristics of OTT services are such that TSPs
realise revenues solely from the increased data usage of the internet-connected
customers for various applications (henceforth, apps). The TSPs do not realise
any other revenues, be it for carriage or bandwidth. They are also not involved
in planning, selling, or enabling OTT apps. On the other hand, OTT providers
make use of the TSPs’ infrastructure to reach their customers and offer
products/services that not only make money for them but also compete with the
traditional services offered by TSPs. Leave aside TSPs, these apps also compete
with brick and mortar rivals e.g. e-commerce sites, banking etc.
Paradoxically, the broadband networks provided by
incumbent TSPs are used as a platform by the OTT players for the development of
new businesses. The growth of traffic apart, the OTT applications have created
an increasing demand for faster broadband speed, which translates into a need
for huge investments in network up-gradation by the TSPs."
While giving all these arguments, they forget that TSPs are also earning
revenue by way of increased data consumption. And if they are incurring
significant loss in profits, then they can always hike the data pack prices
accordingly.
But yes, as for point 2,3 related to Regulation and security, TRAI does have
some valid point. None of the apps are registered in India, so they are not
bonded by Indian laws or regulations. It can cause severe problem at some time.
But forcing them to register may introduce unnecessary hassles along with delay
due to underlying process and red tapes. Best would be that they be made to
submit an affidavit giving information of their organisation and promising to
follow a set of rules and regulations. The security concerns are also very
legitimate one. Here too they could be made to sign similar affidavits legally
binding them to certain laws.
Here are a few policies/regulations which are
being considered to be implemented by TRAI, and could become reality soon:-
- Mobile app makers may be made to register with Indian authorities after paying
certain amount of fee.
- Mobile app makers may be made to adhere to certain
quality of service, and to a set of Indian laws and regulations
- Mobile app
makers may be made to give a section of their profit to the TSP whose network
they use.
- TSPs may be given free hand in charging customers based on types
of data. Like 5MB of data spent on voice calls using apps like viber or skype
may cost Rs. 30, whereas the same 5MB data spent in surfing websites through
browser could cost just Rs 10. A 10 MB voice call over skype may cost you much more than the same 10MB data spent in website surfing not involving any audio data transfer.
- TSPs may be allowed to selectively slow-down
or speed up the access to some websites or apps. Like you could access flipkart
faster than whatsApp (even though both may be requiring same amount of data to
download).
- TSPs may be allowed to make a few apps/sites free on their
network and charge for other ones. In this scheme, the owner of app may pay
money to TSPs per user per data being used and the TSP in turn may make the
access free for users on his particular network. This means, that different
service providers may have different free schemes. For example, Airtel may
provide free access to flipkart on their network, Vodafone may provide free
access to amazon on their network and so on. While this looks good in a way,
but this gives preferential treatment to specific app makers willing to pay
hampering a fair competition. This may also habituate users for a particular
app or website, hence killing the concept of free choice.
All the above possibilities are not my assumptions or just inferences from some
online articles. These are as per the document of TRAI. In the consultation
paper, TRAI has clearly mentioned proposals to implement the above few policies.
In fact there are many more proposals for new policies, but above 6 are the
most crucial and noteworthy proposals which can completely change the way we
access internet.
I am sure most of you would feel many of the above proposals to be extremely
alarming. How would you feel paying different-different amount for different kinds of data and different kind of applications being used!! And how would you feel a few websites being slowed down, and a few accessible faster, even though being subscribed to a standard internet pack? That's why we need to make our voices heard, by protesting against
these proposal which completely go against the idea of Net Neutrality. We
should first email to TRAI (advqos@trai.gov.in), giving our response to the 20 questions asked. And
then we should spread awareness about the same. We should write to our area
MPs/MLAs to support this cause.
That almost concludes my blog-post.
Below this line, I would be quoting a few very crucial excerpts from the TRAI
consultation paper, which will give very clear indication of the way it is
headed. Here it starts:-
Regarding revenue from consumption of increasing amount of data, this is what TRAI has to say:-
"At
one extreme, some argue that TSPs should focus exclusively on their role as
"bit pipes" (carriers of data through the pipes) rather than remain
integrated companies that provide services and infrastructure. However, there
is another side to the story. Building such networks will require substantial
investments by the TSPs. With more users connecting to the internet, the
network of the TSP is under constant strain and there is the risk that the
back-end server will reach its capacity very fast, thus compelling constant
upgrades, the costs of which are to be borne exclusively or for the large part
by the TSPs which build such networks
."
On revenue loss due to voice calling services, this is what the TRAI document reads:-
"In
voice services, however, a different situation arises where unmanaged IP voice
services,such as Skype or WeChat or Gmail video chat, can be exploited with
lower access speeds. This obviously and adversely impacts the revenue of TSPs.
For example, every Skype call that bypasses the TSP is foregone revenue.
Similarly the use of SMS services, traditionally a lucrative business for mobile
operators, is declining. One of the main reasons is the growth of OTT
applications like WeChat and WhatsApp."
Regarding lack of any licensing of the mobile apps, this is what the document reads:-
"According to the Cellular Operators Association of India
(COAI), voice services provided by OTT players substitute the PSTN/ Internet Telephony
Services offered by licensed TSPs. In the present licensing regime, Internet
Telephony is a licensed service permitted only under the UAS/ISP or Unified
License granted under Section 4 of the Indian Telegraph Act 1885. Hence,
according to COAI, companies offering OTT voice services, without holding a
telecom license in India, circumvent Indian telecom licensing provisions and
provide services that are otherwise permitted only under a telecom license.
COAI further opines that the licensed TSPs in India are
subject to many licensing provisions, including but not limited to regulatory
fees such as Entry Fee, License Fee and Spectrum Usage Charges. They are also subjected
to various statutory regulations such as Quality of Service Regulations, Tariff
Regulations and, Consumer Protection Regulations."
Regarding adverse impacts of these mobile calling apps, on National objective:-
"The
TSPs also argue that allowing the use of VoIP/Internet Telephony on such a
massive scale, without a licensing regime, would result in a significant
disruption to the existing business of TSPs and could substantially derail
their investment capability. Such a situation would jeopardize the national
objective of affordable and ubiquitous telephone and broadband access across
the country. Further, the proliferation of OTT communication services would
lead to a significant loss of revenue for the exchequer."
On the increased revenue from increase consumption of data:-
"The OTTs are quick to point out that increased data usage
augments revenue flows of the TSPs. This is indeed true. However, whether this revenue
sufficiently compensates the TSPs needs further examination. Further, there is
a technological caveat to the general proposition that increased OTT app usage
augments revenue flows of TSPs. With the evolution of new coding techniques
(I2S for audio and HVEC for video) apps are being designed to consume minimal
bandwidth and improved call/ video quality. If so, will there be any revenue
increase and would it still sufficiently compensate the TSPs?"
TRAI says revenue loss of TSPs will lower Govt revenues:-
"The revenue losses of the TSPs will also lower various
Government revenues. It will also result in lower accumulation of Universal
Service Obligation Fund (USOF) for the government, which is a percentage of the
revenues earned by the TSPs. The loss in revenue for the TSPs will also lead to
less return on their network investments which could substantially derail their
investment capability. This will lead to less investment in the infrastructure."
The fault with all or nothing approach, TRAI says:-
"The adoption of the strict NN rule would require TSPs to
treat each packet the same. And this, by definition, would make it impossible
to offer and deliver Quality of Service. Proponents of this approach are concerned
that TSPs may use QoS as a tool to distort competition among competing
applications by offering QoS selectively to one of several competing
applications. In addition, they fear that allowing TSPs to offer QoS and
charge for it may reduce the quality of the baseline service and reduce TSPs’
incentives to increase the capacity of their networks.
Therefore, the two extremes- strict NN and no regulation-
are inherently flawed. Banning all discrimination is over-inclusive and
restricts the evolution of the network. Allowing all discrimination can lead to
exclusion and, effectively, make the rule against blocking meaningless.
Hence, a few standards or principles such as ‘No
Blocking’ and fixed QoS standards ought to be specified to respond to concerns."
Regarding variable pricing of data, and various traffic management techniques:-
"QoS techniques may also be employed to provide tiered
internet access to end users, or to manage the traffic of certain end users (as
opposed to certain protocols). Light users could be offered limited access to
the internet in return for a discount to the current flat rate price for
unlimited access. This means that access to websites or services that are not
included in the selected internet access package would be denied, or will cost
extra. At the same time, the cost for an unlimited internet access is likely to
increase, because it is no longer cross subsidized by the light users. However,
with respect to fixed-line internet access, proponents of NN fear that such
practice may lead to a fragmentation of the internet."
That brings it to the end. I hope this blog-post was able to clear the issue for my reads :) Thanks for the visit! Cheers to Net Neutrality! :)
Here are a few related resources:-
TRAI website:- http://www.trai.gov.in/
SaveTheInterNet website: - http://www.trai.gov.in/ (Here you can get pre-written responses to the 20 questions asked. You can read them, modify them suitably, and then email them to TRAI)