Net neutrality: TRAI has several key questions

net neutralityTRAI (Telecom Regulatory Authority of India) has floated several key questions in order to finalize recommendations for net neutrality guidelines.

What could be the principles for ensuring nondiscriminatory access to content on the Internet, in the Indian context?

How should “Internet traffic” and providers of “Internet services” be understood in the net neutrality context?

# Should certain types of specialised services, enterprise solutions, Internet of Things, etc be excluded from its scope? How should such terms be defined?

# How should services provided by content delivery networks and direct interconnection arrangements be treated? Please provide reasons.

In the Indian context, which of the following regulatory approaches would be preferable

# Defining what constitutes reasonable TMPs (the broad approach)

# Identifying a negative list of non reasonable TMPs (the narrow approach)

If a broad regulatory approach, as suggested in Q3, is to be followed:

# What should be regarded as reasonable TMPs and how should different categories of traffic be objectively defined from a technical point of view for this purpose?

# Should application-specific discrimination within a category of traffic be viewed more strictly than discrimination between categories?

# How should preferential treatment of particular content, activated by a users choice and without any arrangement between a TSP and content provider, be treated?

If a narrow approach is to be followed what should be regarded as non reasonable TMPs?

Should the following be treated as exceptions to any regulation on TMPs?

# Emergency situations and services

# Restrictions on unlawful content

# Maintaining security and integrity of the network

# Services that may be notified in public interest by the Government / Authority, based on certain criteria

How should the following practices be defined and what are the tests, thresholds and technical tools that can be adopted to detect their deployment:

# Blocking

# Throttling (for example, how can it be established that a particular application is being throttled?);

# Preferential treatment (for example, how can it be established that preferential treatment is being provided to a particular application?

Which of the following models of transparency would be preferred in the Indian context

# Disclosures provided directly by a TSP to its consumers

# Disclosures to the regulator

# Disclosures to the general public

# A combination of the above.

What would be the most effective legal/policy instrument for implementing a NN framework in India?

# Which body should be responsible for monitoring and supervision?

# What actions should such body be empowered to take in case of any detected violation?

# If the Authority opts for QoS regulation on this subject, what should be the scope of such regulations?

What could be the challenges in monitoring for violations of any net neutrality framework?