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Facebook 0, Internet 1: Read TRAI's new regulations banning anti-net neutrality differential pricing

The Telecom Regulatory Authority of India has notified its new regulations relating to net neutrality, essentially banning telecoms operators from offering schemes such as Facebook’s Free Basics.

The regulation, which was published today and tweeted by SFLC India, stated:

No service provider shall offer or charge discriminatory tariffs fordata services on the basis of content [or] 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 servcies being offered or charged to the consumer on the basis of content

Discriminatory pricing means charging different tariffs for accessing internet data based on the content accessed; Facebook’s Free Basics scheme would have allowed service providers to offer access of Facebook and other websites signing up to Free Basics to be accessed without data charges.

The regulation excludes data services for “closed electronic communications networks” - i.e., networks that don’t make use of the internet - and allows service providers to reduce tariffs to access emergency services in certain limited situations.

Non-compliance attracts a direction by TRAI for the service provider to withdraw the tariff and to pay fines of Rs 50,000 per day of contravention, up to a maximum of Rs 50 lakh.

Any “packs, plans or vouchers with unexpired validity subscribed by a consumer before the date of commencement of these regualtions” are excluded from these regulations for up to six months.

For more about net neutrality, read this excellent post on Medium.

Prohibition of Discriminatory Tariffs for Data Services Regulations 2016

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