Centre for Internet and Society

October 2017 Newsletter

praskrishna — 2018-01-10T00:53:03Z

October 2017 Newsletter

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
CIS submitted its comments on mobile accessibility guidelines to the Ministry of Electronics & IT, Govt. of India. Between 1 to 16 September, an online discussion took place on the creation of social media guidelines and strategy for Telugu Wikimedia handles online. Manasa Rao captured the developments in a blog post. Padma Venkataraman in a blog entry chronologically mapped CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done. Shyam Ponappa's article on NPAs and structural issues was published in the Business Standard on October 5, 2017.

Highlights

CIS submitted its comments on mobile accessibility guidelines to the Ministry of Electronics & IT, Govt. of India.
Between 1 to 16 September, an online discussion took place on the creation of social media guidelines and strategy for Telugu Wikimedia handles online. Manasa Rao captured the developments in a blog post.
Padma Venkataraman in a blog entry chronologically mapped CIS’ efforts at enhancing financial transparency and accountability at ICANN, while providing an outline of what remains to be done.
Shyam Ponappa's article on NPAs and structural issues was published in the Business Standard on October 5, 2017.

CIS in the News:

Attempted data breach of UIDAI, RBI, ISRO and Flipkart is worrisome (DailyO, October 4, 2017).
Sex, drugs and the dark web (Hindu; October 7, 2017).
Ahead of data protection law roll out, experts caution that it shouldn't limit collection and use of data (First Post; October 12, 2017).
#NAMAprivacy: The economics and business models of IoT and other issues (Medianama; October 18, 2017).
#NAMAprivacy: Data standards for IoT and home automation systems (Medianama; October 18, 2017).
Majority of top politicians' Twitter followers fake: audit (Furquan Moharkan; Deccan Herald; October 24, 2017).
Awards for those working on employment opportunities for disabled (Eastern Mirror; October 24, 2017).
Nibbling away into your bank account, salami attackers cart away a fortune (New Indian Express; October 25, 2017).
Nirmita Narasimhan wins the 18th NCPEDP-Mindtree Helen Keller Award 2017! (National Centre for Promotion of Employment for Disabled People; October 31, 2017).

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Access to Knowledge
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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Wikipedia

Blog Entries

Odia Wikisource Turns 3 (Manasa Rao; October 22, 2017).
Wikimedia Workshop at Ismailsaheb Mulla Law College, Satara (Subodh Kulkarni; October 24, 2017).
Marathi Wikipedia Edit-a-thon at Dalit Mahila Vikas Mandal, Satara (Subodh Kulkarni; October 24, 2017).
Marathi Wikipedia Workshop at MGM Trust's College of Journalism and Mass Communication, Aurangabad (Subodh Kulkarni; October 24, 2017).
Orientation Program at Kannada University, Hampi (A. Gopalakrishna; October 24, 2017).
Marathi Wikipedia Workshop at Solapur University (Subodh Kulkarni; October 24, 2017).
Discussion on Creation of Social Media Guidelines & Strategy for Telugu Wikimedia (Manasa Rao; October 24, 2017).

►Openness

Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Freedom of Expression

ICANN’s Problems with Accountability and the .WEB Controversy (Padma Venkataraman; October 24, 2017).
Why Presumption of Renewal is Unsuitable for the Current Registry Market Structure (Padma Venkataraman; October 29, 2017).
CIS’ Efforts Towards Greater Financial Disclosure by ICANN (Padma Venkataraman; October 29, 2017).

►Cyber Security

Participation in Event

CyFy 2017 (Organized by Observer Research Foundation; New Delhi; October 2 - 4, 2017). Sunil Abraham was a speaker.

►Privacy

Blog Entry

GDPR and India: A Comparative Analysis (Aditi Chaturvedi; October 17, 2017).

Participation in Event

Securing The Digital Payments Ecosystem (Organized by NITI Aayog; October 9, 2017).

►Big Data

Blog Entry

Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case (Shruthi Anand; October 4, 2017).

Event Organized

Emerging Issues in the Internet of Things (CIS, Bengaluru; October 23, 2017). Andrew Rens gave a talk.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Article

NPAs & Structural Issues (Shyam Ponappa; Business Standard; October 4, 2017).

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Articles

Digital Native: There is no spoon, There is no privacy (Nishant Shah; October 9, 2017).
Digital Native: Finger on the buzzer (Nishant Shah; October 22, 2017).

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About CIS
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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/october-2017-newsletter

November 2017 Newsletter

praskrishna — 2018-01-10T01:57:29Z

November 2017 Newsletter

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
Anubha Sinha took part in the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017. She posed a question on the agenda 'Other Matters' on behalf of CIS on Day 5, 17 November, 2017. CIS also gave statements on Limitations and Exceptions for Libraries and Archives and GRULAC Proposal for Analysis of Copyright in the Digital Environment. CIS-A2K signed a Memorandum of Understanding with the Telangana Government’s IT, Electronics & Communications Department with to catalyse the development of the Wikimedia movement in Telangana and improve the state of free-licensed digital content in Telugu and Urdu. The Ministry of Electronics & Information Technology, Government of India has published the Guidelines for Indian Government Websites (GIGW). Nirmita Narasimhan on behalf of the Centre for Internet & Society gave comments on GIGW. The government has already set up a Nudge unit; now, it should apply the Nobel laureate's insights on auctions relating to essential infrastructure wrote Shyam Ponappa in an article in the Business Standard on November 1, 2017. DataMeet and CIS have collaborated on identifying and addressing the challenges to open up and integrate data and information in the water sector. CIS commented on the Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector published by the Telecom Regulatory Authority of India on August 9, 2017. CIS published a report that compares laws and regulations in the United Kingdom and India to see the similarities and disjunctions in cyber security policy between them. CIS sent comments on TRAI consultation paper on promoting local telecom equipment manufacturing. The submission drew on research primarily done in the Pervasive Technologies project.

Highlights

Anubha Sinha took part in the 35th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“SCCR”) at Geneva from 13 November, 2017 to 18 November, 2017. She posed a question on the agenda 'Other Matters' on behalf of CIS on Day 5, 17 November, 2017. CIS also gave statements on Limitations and Exceptions for Libraries and Archives and GRULAC Proposal for Analysis of Copyright in the Digital Environment.
CIS-A2K signed a Memorandum of Understanding with the Telangana Government’s IT, Electronics & Communications Department with to catalyse the development of the Wikimedia movement in Telangana and improve the state of free-licensed digital content in Telugu and Urdu.
The Ministry of Electronics & Information Technology, Government of India has published the Guidelines for Indian Government Websites (GIGW). Nirmita Narasimhan on behalf of the Centre for Internet & Society gave comments on GIGW.
The government has already set up a Nudge unit; now, it should apply the Nobel laureate's insights on auctions relating to essential infrastructure wrote Shyam Ponappa in an article in the Business Standard on November 1, 2017.
DataMeet and CIS have collaborated on identifying and addressing the challenges to open up and integrate data and information in the water sector.
CIS commented on the Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector published by the Telecom Regulatory Authority of India on August 9, 2017.
CIS published a report that compares laws and regulations in the United Kingdom and India to see the similarities and disjunctions in cyber security policy between them.
CIS sent comments on TRAI consultation paper on promoting local telecom equipment manufacturing. The submission drew on research primarily done in the Pervasive Technologies project.

CIS in the News:

Big Data for governance (Alekhya Hanumanthu; Telangana Today; November 4, 2017).
How tech is making life easier for differently-abled (Shalini Umachandrani; November 7, 2017).
India Today Conclave Next 2017: Aadhaar was rushed, says MP Rajeev Chandrashekhar (Priya Pathak; India Today; November 8, 2017).
What You Need To Worry About Before Linking Your Mobile Number With Aadhaar (Roopa Raju and Shekhar Rai; Youth Ki Awaaz; November 8, 2017).
OPINION | Data is New Oil and Human Mind the New Battlefield. India Must Wake Up Now (Lt. General (Retd.) D. S. Hooda; News18.com; November 11, 2017).
Aadhaar seeding: benefits and concerns (Shaikh Zoaib Saleem; Livemint; November 14, 2017).
Privacy issues exist even without Aadhaar (Ronald Abraham; November 15, 2017).
Advocating for Openness: Nine Ways Civil Society Groups Have Mobilized to Defend Internet Freedom (Centre for International Media Assistance; November 15, 2017).
Govt working to set up financial CERT to tackle cyber threats (Komal Gupta; Livemint; November 16, 2017).
Financial CERT to combat cyber threats, says MoS home affairs (CISO MAG; November 17, 2017).
UIDAI admits 210 government websites made Aadhaar details public (Financial Express; November 20, 2017).
India’s internet missionaries: The women Google is relying on to spread its Next Billion message (Sunny Sen; Livemint; November 21, 2017).
FCC’s plan to repeal net neutrality may not impact India (Surabhi Agarwal; Economic Times; November 23, 2017).
Indian activists slam FCC decision to ditch net neutrality (Kul Bhushan; Hindustan Times; November 23, 2017).
FCC’s plan to repeal net neutrality may not impact India (Surabhi Agarwal; Economic Times; November 23, 2017).
Why should you keep a close eye on the net neutrality debate in the US (Subhrojit Mallick; Digit; November 24, 2017).
Cyberattacks a significant threat to democracy: Modi (Komal Gupta; Livemint; November 24, 2017).
Aadhaar verification at airports raises need for stricter data privacy regulations (Aman Sethi; Hindustan Times, November 27, 2017).
IDAP Interview Series: Interview with Nirmita Narasimhan (IDIA Law; November 27, 2017).
Govt releases white paper on data protection framework (Komal Gupta; Livemint; November 28, 2017).
Bengalureans to receive Helen Keller award (Deccan Herald; November 30, 2017).

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Accessibility & Inclusion
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India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

Submission

Comments on Guidelines for Indian Government Websites (Nirmita Narasimhan; November 26, 2017).

►Copyright & Patent

35th SCCR: CIS Statement on Limitations and Exceptions for Libraries and Archives (Anubha Sinha; November 15, 2017).
35th SCCR: CIS Statement on Limitations and Exceptions for Libraries and Archives (Anubha Sinha; November 17, 2017).
35th SCCR: CIS' Question to Dr. Rostama on her Study on the Impact of the Digital Environment on Copyright Legislation (Anubha Sinha; November 19, 2017).

►Wikipedia

Blog Entry

CIS-A2K signs MoU with Telangana Government (Manasa Rao; November 8, 2017).

►Openness

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Internet Governance
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►Privacy

Blog Entries

A Comparison of Legal and Regulatory Approaches to Cyber Security in India and the United Kingdom (Divij Joshi; edited by Elonnai Hickok; November 12, 2017).
Counter Comments on TRAI's Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector (Amber Sinha; November 23, 2017).

Participation in Event

BIS International Seminar on Internet of Things (Organized by BIS; November 15, 2017; India Habitat Centre, New Delhi). Amber Sinha attended the event.
Internet Universality Indicators for a Safe, Secure and Inclusive Cyberspace for Sustainable Development (Organized by UNESCO in collaboration with the Ministry of Electronics and IT, Government of India; UNESCO Conference Room, Chanakyapuri, New Delhi; November 17, 2017). Amber Sinha attended the event.

Roundtable on Data Integrity and Privacy (Organized by Observer Research Foundation; November 18, 2017). The round table discussion was chaired by Shri Baijayant Panda, Hon'ble Member of Parliament.

►Cyber Security

Blog Entry

Breach Notifications: A Step towards Cyber Security for Consumers and Citizens (Amelia Andersdotter; November 14, 2017).

Event Organized

Roundtable on Enhancing Indian Cyber Security through Multi-Stakeholder Cooperation (Indian Islamic Centre; Lodhi Road; New Delhi; November 4, 2017).
Open House on Security Practices in FinTech (Organized by CIS and Has Geek; November 17, 2017).

Participation in Event

Multinational Cyber Security Forum at University of Haifa (Organized by Center for Cyber, Law and Policy and University of Haifa in collaboration with the Hewlett Foundation Cyber Initiative; November 5 - 7, 2017). Sunil Abraham participated in the meeting held in Israel.
Global Commission on the Stability of Cyberspace (GCSC) (Organized by GCSC; November 21, 2017; New Delhi). Pranesh Prakash participated in the event.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Article

Nobel Laureate Richard Thaler's Views On Auctions (Shyam Ponappa; Business Standard; November 1, 2017).

Submission

Comments on TRAI Consultation Paper on Promoting Local Telecom Equipment Manufacturing (Anubha Sinha; November 26, 2017).

Articles

Digital native: Rebellion by Google Doc (Nishant Shah; Indian Express; November 4, 2017)
Digital native: Let there be life (Nishant Shah; Indian Express; November 19, 2017).

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About CIS
-----------------------------------
The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

► Request for Collaboration

For more details visit https://cis-india.org/about/newsletters/november-2017-newsletter

Submission to TRAI Consultation on "Inputs for Formulation of National Telecom Policy - 2018"

pranesh — 2018-01-25T14:46:48Z

Centre for Internet and Society (CIS) made a submission to TRAI Consultation on inputs to the National Telecom Policy.

Preliminary

We welcome the TRAI consultation on the National Telecom Policy 2018.

We believe these should be among the objectives of the next NTP.

To enable inclusion through the provision of telecommunications infrastructure and services that are accessible to all, especially for the most marginalized.
To maximize the utility of telecom networks by increasing their capacity and throughput.
To maximize the socio-economic utility of of spectrum and rationalize the regulatory regime.
To re-energize the telecom sector, and to bring about a shift to a revenue-sharing model of revenue-generation for the exchequer.

NTP-12 does not include any policy mandate for providing accessibility for person with disabilities. The Policy should mandate implementation of systems that would enable better accessibility for persons with disabilities. This could have included formulation of a Code of good practice for manufactures and service providers, conduct surveys and gather statistics on use of telecommunication services by persons with disabilities, etc.

Resource and infrastructure sharing

Resource- and infrastructure-sharing among telecommunications companies and applications is crucial to ensure both eiciency of usage of a limited resource (whether it is cabling in underground ducts, or spectrum, or telecom towers), as well as to lower telecommunications costs (especially capital expenditure cost) and lowering barriers to entry, reducing environmental costs, and to maximize the beneits for consumers.[1]

Eforts must be taken to enable greater sharing of resources and infrastructure, without there being a negative impact on competition.[2]

As a telecom scholar points out, “[O]perators will sometimes share the cost of digging or deploying passive infrastructure, but will lay their own iber lines, which allows them to engage in full, facility-based competition. In these cases, there is no risk of coordination, as networks based on multiple iber lines ensure that access seekers can obtain full control over them. Under such conditions, co-investment agreements are more likely to lead to timelier and more intense competition on the downstream market.”[3]

For this, the separation between infrastructure and service must be maintained, with focus of competition at the service end with infrastructure being largely common. This is managed differently in different countries.[4]

Keeping all this in mind, we suggest that Strategies E(b) and F(c) be reworded to say, "By promoting both passive and active sharing of telecom infrastructure and resources among telecom service providers, while ensuring that doesn’t lead to a decrease in competition, and where appropriate making certain forms of infrastructure sharing mandatory."

Among the resources that require sharing is spectrum. In 2015, DoT guidelines allowed liberalised spectrum to be shared among operators.

Modernizing spectrum management

We are happy to note that the strategy of “ensuring adequate availability of contiguous, broader and globally harmonised spectrum” is listed under Strategy D(u). There are many opportunities for harmonisation of spectrum usage in India vis-a-vis global usage. For instance, currently in India, only 50 MHz of spectrum has been earmarked for unlicenced use outdoors in the 5 GHz band (5.825 GHz to 5.875 GHz). There is no rationale for this distinction between indoor and outdoor use, and this limits the usage of Wi-Fi outdoors. The US has delicensed 580 MHz in the 5GHz band which allows for the IEEE 802.11ac standard to be used on it, whereas India has only delicensed 300 MHz, whereas 1280 MHz is what is dictated by needs.[5] At a minimum 580 MHz (3x160 MHz) ought to be made available for unlicensed used.

Additionally, delicensing the 60 GHz band would bring us in line with global regimes,[6] where at least 19 countries have delicensed the 60 Ghz band for both access as well as backhaul purposes.[7]

The 60GHz band is ideal for delicensing since it there is virtually no interference since due to oxygen absorption and narrow antenna beam width the transmission distances

are short. We also need to liberalize the 70 and 80 GHz bands to enabling lower cost access for these frequencies to extend ibre connectivity where necessary by using other means, including through aerial systems.

While under Strategy D(v), TRAI proposes the “earmarking [of] unlicensed frequency bands periodically for operation of low power devices for public use”, it should instead be “earmarking unused, underused, and unlicensed frequency bands periodically for public use, with licence-exemption and light-licensing where possible, with safeguards to prevent interference”.

Even bands that have been allocated under the NFAP and licensed may lie unused or underused as well. According to a study by IIT-Hyderabad, unused TV spectrum in India amounts to between 85%-95% of the total TV spectrum. A large swath of 115 MHz — from 470 to 585 MHz — lies unused, and is available for alternative uses. Waiting for an ecosystem to develop around the 470- 698 MHz band,[8] is harming the government’s vision of Digital India and an urgent course correction is needed. As we have argued in the past, “[w]hereas Digital India needs low-cost wireless broadband, especially for long-distance links in rural India, because of the high cost and diiculty of building and maintaining ibre or wired networks in diicult terrain, and/or in sparsely populated areas. Therefore, access to TVWS needs to be bundled with BharatNet, and other shared backbone networks like ERNET.

Policies should permit diferent network design scenarios including transmission power and purpose. Point-to-point links are needed over long distances in place of ibre or microwave, and broad coverage is needed for contiguous areas like industrial developments, campuses, commercial complexes, or rural communities … TVWS does need tight radio ilters (unlike Wi-Fi) to minimise interference, the underlying consideration that drives spectrum management. There's also need for varying power speciications depending on the network design and purpose as described above, and policies for unlicensed sharing using geolocation databases, as deined by the US FCC."[9]

Further, following the lead of the FCC in the USA, and Ofcom in the UK, we in India should exempt low-power usage across all spectrum bands. The approach followed by Ofcom (which allows for powers between -90 dBm/MHz to -41 dBm/MHz (and on a sloping gradient from 10.6 GHz onwards), may be recommended. To reflect this, a strategy statement to “explore greater exemptions from licensing requirements where possible, including for low-power spectrum usage”, would be helpful.

The NTP should also lead the way in encouraging the government and the regulator to look to new ways of managing licence-exempt use of spectrum, as has been done, for example, in the UK.[10]

This allows for a movement away from power-oriented regulations to regulation on the basis of interference. For instance, shared spectrum databases may allow for coordinated usage of higher power but without interference. Further, this allows for bands to be categorized not by usage, but by transmit powers and duty cycles.

Accessibility

One of the lacunae in the NTP-12 is its lack of any policy mandate for providing accessibility for person with disabilities.[11] NTP-18 should not make the same mistake. The NTP should mandate implementation of systems that would enable better accessibility for persons with disabilities. This should include formulation of a code of good practice for manufactures and service providers, conducting surveys and gathering statistics on use of telecommunication services by persons with disabilities, etc.

Revenue maximization

We believe that Strategy D(r) (“reviewing the objectives of spectrum management to maximise socio-economic gains”) should explicitly mention that revenue maximization should not itself be a goal, since that may harm the socio-economic gains to be had from optimal usage of spectrum. We believe that it should be made explict that “ensuring revenue maximization for the exchequer will not be the main aim of spectrum management policy”.

Auctions, which ind mention in TRAI’s recommendations, ne — to favour a model of revenue sharing[12] — and at the least they need to be structured in such a manner as to avoid the “winner’s curse”.[13] Revenue-sharing, which was followed after NTP-99, allows for a more sustainable form of revenue generation for the government, while having transparent allocation systems or auctions designed in a manner not oriented towards maximizing the generation of auction proceeds for the government.[14] Just as increasing the USO fund by itself cannot be a goal — ensuring universal service is the goal — similarly, the generation of tax revenue by itself cannot be a goal.

Patents pools, local manufacturing, and cost of devices

Under “Strategies to become net positive in international trade of telecommunication systems and services”, the consultation paper proposes inancial incentives for development of SEPs, as well as “incentivising local manufacturing of network equipment and devices” as strategies. One concrete strategy to incentivise local manufacturing of telecommunications equipment and devices is to create government-controlled patent pools,[15] which can be used to ensure that patent-holders are paid a royalty on SEPs while also lowering the transaction costs and legal uncertainty for local device manufacturers, and ultimately lowering the price of devices for customers.[16]

Private patent pools do not suiciently take care of the legal risks created to manufacturers. If government intervention is not done, then Indian manufacturers will end up embroiled in legal battles as we have seen with Micromax, and others. CIS has provided a very detailed submission on TRAI’s Consultation Paper on Promoting Local Telecom Equipment Manufacturing.[17]

Internet connection and data centres

While under “Strategies to establish India as a global hub for data communication systems and services”, the problem of Internet interconnection is brought up, but the strategies don’t mention what needs to be done. One of the problems facing India currently is a low level of peering interconnection agreements and a high cost of transit interconnection agreements. This results in a higher cost of Internet for everyone. This needn’t be so. The NTP could establish that there should be no licensing required for running an interconnection point. Currently, there is a lack of clarity on the matter, with contrary suggestions having been provided by Trai in the past. Further, the NTP and that existing interconnection exchanges like NIXI should not discriminate between licensed telecom operators and unlicensed content providers, since it is crucial that the latter also be present at interconnection exchanges, and interconnection exchanges will not lourish unless the hurdles put in place, which favour incumbents, are reduced.

It is worrying that TRAI has suggested establishing a “licensing and regulatory framework for cloud service providers” (Strategy H(a)). While cloud service providers are subject to the regulations provided in the IT Act, and other legislations in India, they currently are not subject to any licensing requirements. No rationale has been provided by TRAI for this suggestion, and it would kill innovation in the sector, and would inhibit the emergence of India as a global hub for data communications systems and services. Similarly, while an overarching data protection and security legislation needs to be in place, the suggestion of a “licensing and regulatory framework for IoT/ M2M service providers” (Strategy G(a)) is worrying, and there is no suitable rationale for having licensing in this space, which will only serve to curb innovation without any corresponding or suitable benefit accruing to the public.

Given that telecommunications isn’t an end in itself, but is a means to an end, one of the missions of the NTP could be:

To enable inclusion through the provision of telecommunications infrastructure and services that is accessible for all, especially for the most marginalized, including those who are disabled, those who live in remote areas, those who are illiterate, scheduled castes and scheduled tribes, women, and transgender communities.

Once again, we are grateful to TRAI for having provided this opportunity to comment.

[]. GSMA, “Mobile Infrastructure Sharing,” 2008, https://www.gsma.com/publicpolicy/wpcontent/uploads/2012/09/Mobile-Infrastructure-sharing.pdf.

[]. José Carlos Laguna de Paz, “How Cooperation Between Telecom Firms Can Improve Efficiency,” The Regulatory Review, June 25, 2015, https://www.theregreview.org/2015/06/25/laguna-telecoms-cooperation/.

[]. Ibid.

[]. Jan Markendahl, Amirhossein Ghanbari, and Bengt G. Mölleryd, “Network Cooperation between Mobile Operators : Why and How Competitors Cooperate?,” in DIVA, 2013, http://urn.kb.se/resolve? urn=urn:nbn:se:kth:diva-134358.

[]. Parag Kar, “Response to TRAI’s Consultation Paper on Proliferation of Broadband through Public Wi-Fi Networks” (Qualcomm, August 10, 2016), http://www.trai.gov.in/sites/default/files/201609011022542916621Qualcomm_india_pvt_ltd.pdf.

[]. See ITU-R Report “ITU-R M.2227 (11/2011)” and ITU-R Recommendation “ITU-R M.2003-1 (01/2015)” on “Multiple Gigabit Wireless Systems in frequencies around 60 GHz”.

[]. Broadband India Forum, “V Band - 60 GHz: The Key to Affordable Broadband in India” (Broadband India Forum, 2016), http://www.broadbandindiaforum.com/img/White%20Paper%20on%20V-BAND%20Revised%20Final.pdf.

[]. Varun Aggarwal, “DoT Says No to Releasing TV White Space Spectrum, Clarifies It Is for Experiments,” The Hindu Business Line, June 16, 2016, http://www.thehindubusinessline.com/info-tech/dot-says-no-to-releasing-tvwhite-space-spectrum-clarifies-it-is-for-experiments/article8737575.ece

[]. Shyam Ponappa, “The Buzz around TV White Space,” Business Standard, November 4, 2015, http://www.businessstandard.com/article/opinion/shyam-ponappa-the-buzz-around-tv-white-space-115110401618_1.html.

[]. “Better Managing Licence-Exempt Usage,” Ofcom, October 7, 2016, https://www.ofcom.org.uk/research-anddata/technology/radio-spectrum/exempt.

[]. Snehashish Ghosh, “National Telecom Policy 2012 — Issues and Concerns,” The Centre for Internet and Society, June 30, 2012, https://cis-india.org/telecom/national-telecom-policy-2012.

[]. David E. M. Sappington and Dennis L. Weisman, “Revenue Sharing in Incentive Regulation Plans,” Information Economics and Policy 8, no. 3 (September 1, 1996): 229–48, https://doi.org/10.1016/0167-6245(96)00010-8.

[]. Shyam Ponappa, “Richard Thaler’s Views on Auctions,” Business Standard, November 1, 2017, http://www.business-standard.com/article/opinion/richard-thaler-s-views-on-auctions-117110101558_1.html.

[]. Shyam Ponappa, “Breakthroughs Needed for Digital India,” Business Standard, April 6, 2016, http://www.businessstandard.com/article/opinion/shyam-ponappa-breakthroughs-needed-for-digital-india-116040601241_1.html.

[]. Sunil Abraham, “Letter for Establishment of Patent Pool for Low-Cost Access Devices through Compulsory Licenses,” The Centre for Internet and Society, accessed January 19, 2018, https://cis-india.org/a2k/blogs/letter-forestablishment-of-patent-pool-for-low-cost-access-devices

[]. Nehaa Chaudhari, “Pervasive Technologies: Patent Pools,” The Centre for Internet and Society, accessed January 19, 2018, https://cis-india.org/a2k/blogs/patent-pools

[]. Anubha Sinha, “Comments on TRAI’s Consultation Paper on Promoting Local Telecom Equipment Manufacturing” (Centre for Internet and Society, November 13, 2017), http://www.trai.gov.in/sites/default/files/CentreInternetSocietyIndia_CP_PLTEM.pdf.

For more details visit https://cis-india.org/telecom/blog/submission-to-trai-consultation-on-inputs-for-formulation-of-national-telecom-policy-2018

January 2018 Newsletter

praskrishna — 2018-03-01T01:35:56Z

January 2018 Newsletter

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
The paper titled "Patent Working Requirements and Complex Products" has been published in the latest issue of the NYU Journal of Intellectual Property and Entertainment Law. It is one of the outputs of the Pervasive Technology project and has been authored by Prof. Jorge L. Contreras, Paxton M. Lewis, and Rohini Lakshané. CIS made a submission to the Department of Industrial Planning and Promotion on mobile patents. CIS offered its assistance on matters aimed at developing a suitable policy framework for SEPs and FRAND in India, and, working towards sustained innovation, manufacture and availability of mobile technologies in India The use of Artificial Intelligence (AI) in healthcare in India is increasing with new startups and large ICT companies offering AI solutions for healthcare challenges in the country. The report by by Yesha Paul, Elonnai Hickok, Amber Sinha and Udbhav Tiwari seeks to map the present state of AI in the healthcare sector in India. About 27% of India's population is still illiterate or barely literate. Most privacy policies and terms of services for web and mobile applications are in English and therefore it is only 10% of us who can actually read them before we provide our consent. The article by Sunil Abraham was published in Deccan Herald on January 20, 2018. CIS made a submission to TRAI Consultation on inputs to the National Telecom Policy. CIS in its submission also recommended what all should be the main objectives of TRAI while drafting the next edition of National Telecom Policy. Under a research grant from the Azim Premji University CIS has initiated a study of the ongoing updation process of the National Register of Citizens (NRC) in Assam and the resultant reform of citizen identification infrastructure in India. The 2G judgment of December 2017 provides a critique of how no proper evidence was presented on existence of an FCFS policy and its improper implementation, wrote Shyam Ponappa in his article in the Business Standard which was published on January 3, 2018.

Highlights

The paper titled "Patent Working Requirements and Complex Products" has been published in the latest issue of the NYU Journal of Intellectual Property and Entertainment Law. It is one of the outputs of the Pervasive Technology project and has been authored by Prof. Jorge L. Contreras, Paxton M. Lewis, and Rohini Lakshané.
CIS made a submission to the Department of Industrial Planning and Promotion on mobile patents. CIS offered its assistance on matters aimed at developing a suitable policy framework for SEPs and FRAND in India, and, working towards sustained innovation, manufacture and availability of mobile technologies in India
The use of Artificial Intelligence (AI) in healthcare in India is increasing with new startups and large ICT companies offering AI solutions for healthcare challenges in the country. The report by by Yesha Paul, Elonnai Hickok, Amber Sinha and Udbhav Tiwari seeks to map the present state of AI in the healthcare sector in India.
About 27% of India's population is still illiterate or barely literate. Most privacy policies and terms of services for web and mobile applications are in English and therefore it is only 10% of us who can actually read them before we provide our consent. The article by Sunil Abraham was published in Deccan Herald on January 20, 2018.
CIS made a submission to TRAI Consultation on inputs to the National Telecom Policy. CIS in its submission also recommended what all should be the main objectives of TRAI while drafting the next edition of National Telecom Policy.
Under a research grant from the Azim Premji University CIS has initiated a study of the ongoing updation process of the National Register of Citizens (NRC) in Assam and the resultant reform of citizen identification infrastructure in India.
The 2G judgment of December 2017 provides a critique of how no proper evidence was presented on existence of an FCFS policy and its improper implementation, wrote Shyam Ponappa in his article in the Business Standard which was published on January 3, 2018.

The following articles were written by CIS members:

Digital native: Memory card is full (Nishant Shah; Indian Express; January 3, 2018).
The 2G Judgment of December 2017: What Was It About? (Shyam Ponappa; Business Standard; January 3, 2018).
Fixing Aadhaar: Security developers' task is to trim chances of data breach (Sunil Abraham; Business Standard; January 10, 2018).
Another Step towards Privacy Law (Elonnai Hickok; Governance Now; January 15, 2018).

Data Protection: We can innovate, leapfrog (Sunil Abraham; Deccan Herald; January 20, 2018).

CIS in the News:

From net neutrality to IBC & Aadhaar, how Vidhi is framing key government legislation (Surabhi Agarwal and Samanwaya Rautray; Economic Times; January 4, 2018).
UIDAI denies any breach of Aadhaar database (Komal Gupta; Livemint; January 7, 2018).
Token security or tokenized security? (Manasa Venkataraman and Ajay Patri; Livemint; January 9, 2018).
UIDAI introduces new two-layer security system to improve Aadhaar privacy (Economic Times; January 11, 2018).
Hammered government offers Virtual ID firewall to protect your Aadhaar (New Indian Express; January 11, 2018).
Virtual Aadhaar ID: too little, too late? (Yuthika Bhargava; Hindu; January 11, 2018).
India To Introduce Virtual ID For Aadhaar To Strengthen Privacy (Bloomberg Quint; January 11, 2018).
UIDAI's Virtual ID, limited KYC does little to protect Aadhaar data already collected, say critics (Business Today; January 12, 2018).
Aadhaar Body Talked About Virtual ID 7 Years Ago, Put It Off: UIDAI Chief (Sukriti Dwivedi; NDTV; January 13, 2018).
Bengaluru gives data safety tips to panel (Deccan Herald; January 14, 2018).
Is your personal information under lock and key? (Sravanthi Challapalli; Hindu Businessline; January 16, 2018).
Aadhaar-privacy debate: How the 12-digit number went from personal identifier to all pervasive transaction tool (First Post; January 18, 2018).
Paytm Payments Bank woos corporates with digital incentives (Komal Gupta and Remya Nair; Livemint; January 24, 2018).
Aadhaar's new security measures are good, it is still work in progress (Alnoor Peermohamed; Business Standard; January 25, 2018).

►Wikipedia

Blog Entries

Government of Odisha adopting Creative Commons License to Promote Transparency and Access to Knowledge (Sailesh Patnaik; January 17, 2018).
Experience and Learning outcome from Wikipedia Education Program (Lakshmi Karlekar; January 30, 2018).

Events Organized

Marathi Wikipedia Workshop at Dept. of Mass Communication, Solapur University (Organized by CIS-A2K and Dept of Mass Communication, Solapur University; Solapur; January 2, 2018).
Marathi Wikipedia Workshop at Dayanand College, Solapur (Organized by CIS-A2K and Dayanand College, Solapur; Solapur; January 3, 2018).
Marathi Wikipedia Workshop at Willingdon College, Sangli (Organized by CIS-A2K and Willingdon College; Sangli; January 5, 2018).
Marathi Wikipedia Workshop at Govt.Science & Arts College, Aurangabad (Organized by CIS-A2K and Govt.Science & Arts College; Aurangabad; January 9, 2018).
Marathi Wikipedia Workshop at Dr.Babasaheb Ambedkar Marathwada Vidyapeeth (Organized by CIS-A2K and Dr. Babasaheb Ambedkar Marathwada University; Aurangabad; January 10, 2018).
Marathi Wikipedia Workshop at Shivaji University, Kolhapur (Organized by CIS-A2K and Shivaji University; Kolhapur; January 15, 2018).
Wikidata Workshop (Organized by CIS-A2K and Andhra Loyola College; Vijaywada; January 20 - 21, 2018).
Train the Trainer 2018 (Organized by CIS-A2K; Mysore; January 26 - 28, 2018).

►Pervasive Technologies

Research Paper

Patent Working Requirements and Complex Products (Jorge L. Contreras, Rohini Lakshané and Paxton M. Lewis; JIPEL NYU Journal of Intellectual Property & Entertainment Law, Vol. 7 - No.1 on January 16, 2018).

Submission

Submission to DIPP at Meeting with IP Stakeholders (Anubha Sinha; January 1, 2018). The submission was made in December 2017 but it was published on the website in January 2018.

►Openness

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Internet Governance
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►Privacy

Blog Entry

Artificial Intelligence and the Healthcare Industry in India (Yesha Paul, Elonnai Hickok, Amber Sinha and Udbhav Tiwari (Ecosystem mapping by Shweta Mohandas, Sidharth Ray and Elonnai Hickok. Designed by Saumyaa Naidu under Creative Commons Attribution 4.0 International License; January 26, 2018).

Events Organized

Roundtable on A.I. and Manufacturing and Services (TERI, Bengaluru; January 19, 2018).

null Bangalore Meet: Special Session on Digital Identity and Privacy (CIS, Bengaluru; January 19, 2018). Sunil Abraham gave a talk.

►Free Speech and Expression

Blog Entries

Internet Governance Forum Report 2017 (Shweta Mohandas; January 11, 2018).

Mobile net ban during peaceful protest leaves farmers confused (Shruti Jain; January 19, 2018).

‘Hurt sentiments’ cost Udaipur internet access for four days (Shruti Jain; January 19, 2018).

-----------------------------------

Article

Submission to TRAI Consultation on "Inputs for Formulation of National Telecom Policy - 2018" (Pranesh Prakash; January 25, 2018).

Blog Entry

Life of a Tuple: National Register of Citizens (NRC) and the Reform of Citizen Identification Infrastructure in Assam (Sumandro Chattapadhyay; January 22, 2018). All posts related to the study can be found here.

-----------------------------------
About CIS
-----------------------------------

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For more details visit https://cis-india.org/about/newsletters/Qjanuary-2018-newsletter

Prioritizing Communications & Energy

Shyam Ponappa — 2013-04-28T07:01:44Z

After curbing unproductive expenditure and imports, we must focus on developing communications and energy.

Shyam Ponappa's article was published in the Business Standard on April 4, 2013 and mirrored in Organizing India Blogspot.

A difficult aspect of addressing our economy, apart from necessary firefighting, is that of prioritisation, whether it is through organisation (or reorganisation), management and execution, or all these combined with policy reforms. With infrastructure growing for years at only about half the rate that gross domestic product has, crisis and turmoil are inevitable without systemic remedies. How should the authorities address the many deficiencies if our need is comprehensive, integrated improvement in systems?

Prerequisite: control expenses

First, a caveat: meta-processes such as managing cash flows and the balance of imports to exports, our most urgent problems, must be dealt with as a prerequisite. Giving out more cash than receipts has to stop. Many countries have come to grief on welfare spending before they could afford it, and no one has found a magical way out. India is not likely to find one either, so we do have to end this unsustainable indulgence. Second, hard as it is, without investment in capacity augmentation and system building, we cannot escape the cycle of deficiencies and crises. If we can get help from the International Monetary Fund now, that's what we should seek, and use it judiciously.

Communications and energy

Communications is a compelling priority, because of the bang for the buck it provides, compounded by correcting past mistakes. Other infrastructure deficiencies, while equally critical or even more so - think energy, water, sanitation and transportation - require much more by way of capital, human resources, and organisation, and generally do not yield as much return as quickly. Also, other sectors often require co-ordinated action by state and local governments in concert with the central government.

There are areas that need central policy correctives, too. For energy, an urgent requirement is a solar energy policy to induce the spread of equipment. The policy should include tax rebates and the concept of Net Energy Metering, as in California, that facilitates selling excess power to the grid. In the US, for instance, of the new capacity commissioned in 2012, nearly half was from renewable energy - of which 40 per cent was from wind, with a substantial share from solar. We have to find a balance between the inducements that led to overbuilding in Spain and our own backward-leaning policies, as we have abundant sunshine that is not adequately used as well as high energy imports. Italy, Spain and Australia are apparently close to price parity in solar and conventional fuels; perhaps there's scope for selective adaptation of some of their policies.

The difficulty with communications alone, however, is evident from the growth of mobile telephony in India. The proliferation of networks and equipment with the need for standby generation because of unreliable grid power has resulted in:

higher oil imports for diesel for generating electricity;

a multiplicity of networks, towers and radio transmission equipment, with substantial investments in spectrum, resulting in a huge drain on capital, in addition to the environmental impact of excessive materials used, high electromagnetic radiation, and a blight on the urban landscape.

Energy for communications
According to a recent statement in Parliament, the annual diesel consumption in 585,000 towers is estimated at over five billion litres. This underscores the need to develop our own approach to the whole range of requirements, from network architecture and organisation to equipment, even as we re-evaluate how to provide countrywide broadband access. The existing paradigms will result in escalating capital cost, operating expenses, and fuel import patterns that are unsustainable.

Our approach to voice and data communications itself has to evolve. In a way, communications services are an enabler and force-multiplier for other infrastructure, providing a framework and facilitation for structured development. Also, if a systematic approach that serves our needs evolves for this sector, it could provide a template for integrated, goal-directed development of other sectors, starting with the verticals to deliver reliable power to users.

This undertaking is especially complex in India because of our fragmented organisational structure, with no apparent co-ordination mechanism. Another aspect of the problem is reflected in this quotation from a McKinsey report: “Delays in building ‘hard’ infrastructure often stem from a lack of ‘soft’ infrastructure, such as educated, skilled workers with project-management capabilities.”* There is also a lack of effective institutions and processes for the organisation and management of human and material resources. For instance, fuels such as coal and oil are under different ministries, power generation and distribution; alternative energy and nuclear energy are all separate ministries, as are the railways that transport coal; while another ministry evaluates the environmental impact. Nothing is going to work if each one acts independently without co-ordinating with the others. It’s as though we have not understood the importance of organisation and co-ordination to achieve results, or are consciously ignoring this in an opportunistic free-for-all.

Finding our own way

Google Chairman Eric Schmidt observed recently that India lagged behind the rest of the world in adopting the Web services model and in harnessing the power of the internet, attributing this to failure to invest in high-speed networks, perhaps through complacency because of a strong IT sector. While this could be interpreted as self-serving, our needs would be very well served if the authorities focused on correcting this through policies that induce private sector investment in networks and service delivery, in data centres, and in terrestrial links to supplement our submarine cables. In communications, as in other sectors, we have to fashion our own way because cut-and-paste solutions won’t work, as the contexts are too different. We must explicitly address developing local data centres; terrestrial links with other countries, if feasible; our own designs for rural broadband including common facilities, with efficient, low-powered elements to the extent possible; use renewable energy; explore small-cell architecture in urban settings; and devise policies that facilitate investment in ubiquitous internet access, including spectrum reforms like allocating more bandwidth for Wi-Fi. It would be in our interest to focus on doing what it takes to achieve top-tier Web services in the next five to 10 years.

*“Can India lead the mobile-Internet revolution?”, Laxman Narasimhan, February 2011
https://www.mckinseyquarterly.com/Marketing/Digital_Marketing/Can_India_lead_the_mobile-Internet_revolution_2746

For more details visit https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-april-4-2013-prioritizing-communications-energy

The Buzz Around TV White Space

Shyam Ponappa — 2015-12-16T02:21:19Z

Large blocks of underused spectrum lie tantalizingly out of reach, waiting for enabling regulation, administration, and to some extent technology, to accelerate our move towards Digital India.

The article published in the Business Standard on November 4, 2015 was mirrored in Organizing India Blogspot on November 5, 2015.

One such category is unused/underused TV spectrum or "TV White Space" (TVWS). Despite growing demand, operators face bleak prospects as they struggle to deliver, starved of spectrum and infrastructure. Their dilemma is how to extend delivery capability without choking on buying spectrum so precious it's like an albatross around their necks, leaving little capital for densifying and extending their networks.

There's a war brewing around wireless broadband trials using TVWS in India, years after completion in other countries. These frequencies are most effective for long-range broadband. Mobile operators are watchful of developments such as Microsoft getting preferential access, triggered by announcements of its partnership with the Education and Research Network (ERNET) for countrywide rural broadband. Equipment suppliers also seem apprehensive of developments that could lead to swathes of spectrum being "unlicensed", reducing markets for their established products for licensed spectrum.

This article aims to clear some of the misinformation to facilitate policies for Digital India.

What is "TV White Space"?

There's confusion and disinformation about what TVWS is. Quite simply, TVWS is unused TV spectrum, or TV bands devoid of TV signals. The meaning derives from the areas on a page without print or pictures. Microsoft calls [the technology developed for] it "White-Fi", while some call [the technology developed for] it "super Wi-Fi".

Even bands broadcasting TV programs can have underutilised sections that can carry broadband, as pioneered by researchers at Rice University in Houston, Texas. Rice has a system that uses TV bands for both broadcasting as well as broadband.1 According to researchers, although the 400 to 700MHz band is used for broadcasting TV in many US cities, its capacity is largely underutilised because of alternative ways of accessing TV signals, such as through cable, satellite, or Internet TV. Therefore, incorporating Rice's technology in TV sets or remote equipment could significantly expand the urban reach of "super Wi-Fi", and not restrict it to rural areas.

Is there any TVWS in India? Some say there isn't!

Studies across the country show that over most of it, unused TV spectrum (white space) amounts to 85 to 95 per cent of TV spectrum.2,3,4 Studies excluding northern India show that in over a third of the area, a large band -- 470 to 585 MHz -- is available for alternate use.2,4

An odd controversy has been created about whether this is "white space" or not, precisely because the spectrum is largely unused.5 The convoluted semantics are mystifying, because white space is by definition unused broadcast spectrum. The National Frequency Allocation Plan already designates this band for fixed or mobile wireless, in addition to TV. In other words, without changes in allocation, operators can share TV spectrum on a secondary basis, as in the USA, the UK, and Singapore.

Regarding spectrum usage charges, as with any infrastructure, it is much more beneficial in the public interest to provide affordable services first and to collect government fees and taxes later, than to front-load auction fees and have no services at all (imagine road systems if up-front charges had to be paid for the right to build them). Overall benefits from Digital India, which is impossible in the foreseeable future without low-cost wireless broadband connections to the NOFN and other backbone networks like ERNET, will far exceed cash collections from auctions.

Proponents of auctions suggest that TVWS be reallocated as cellular spectrum and auctioned. Their reasons: (a) The transfer of public property to private operators; (b) Transparency and fairness; and (c) Government collections. This reasoning is false and misleading, because: (a) No transfer is required, as all operators can get secondary access equitably through a consortium approach; (b) This ensures transparency and fairness; and (c) Government collections from productive use will far exceed any auction collections, as evidenced by licence fees: in 2005, estimated auction fees lost until March 2007 were Rs 20,000 crore, whereas actual collections were double, at Rs 40,000 crore; collections by March 2010 were Rs 80,000 crore, in addition to the public benefits of better services.

Should TVWS be used only for 3G & 4G?

Another negative argument is the insistence that TVWS should be auctioned for 3G and 4G. Whereas Digital India needs low-cost wireless broadband, especially for long-distance links in rural India, because of the high cost and difficulty of building and maintaining fibre or wired networks in difficult terrain, and/or in sparsely populated areas. Therefore, access to TVWS needs to be bundled with the National Optic Fibre Network/BharatNet, and other shared backbone networks like ERNET. Policies should permit different network design scenarios including transmission power and purpose. Point-to-point links are needed over long distances in place of fibre or microwave, and broad coverage is needed for contiguous areas like industrial developments, campuses, commercial complexes, or rural communities. At the user end, TVWS could interface through cellular (3G or 4G) or Wi-Fi transceivers.

TVWS does need tight radio filters (unlike Wi-Fi) to minimise interference, the underlying consideration that drives spectrum management. There's also need for varying power specifications depending on the network design and purpose as described above, and policies for unlicensed sharing using geolocation databases, as defined by the US FCC (Federal Communications Commission).

To be most beneficial, it is not important to extract the maximum carrying capacity from TVWS in every location, as in the misplaced number-of-subscribers-linked spectrum policy some years ago. Rather, the objective for Digital India is to use this technology in combination with others for the purposes people need, namely, for affordable broadband wherever they are, while mitigating radiation hazards. This is essential for India to get its basic communications infrastructure.

Shyam (no space) Ponappa at gmail dot com

1. http://news.rice.edu/2015/07/13/rice-tests-wireless-data-delivery-over-active-tv-channels-2/, Jade Boyd, September 5, 2014.
2. IIT-Hyderabad studied TVWS in southern India from 2009, shared findings with the government/other IITs from 2011, and published in 2014:http://link.springer.com/chapter/10.1007/978-3-319-08747-4_3#, Kalpana Naidu et al.
3. http://www.cse.iitd.ernet.in/~vinay/papers/coral13.pdf, Pradeep Kumar et al, June 2013, IIT-Delhi.
4. arXiv:1310.8540v1 [cs.IT], Gaurang Naik et al, 31 October 2013, IIT-Bombay.
5. https://www.linkedin.com/pulse/tv-whitespaces-how-white-spaces-parag-kar;http://www.financialexpress.com/article/fe-columnist/editorial-beware-the-white-spaces/146355/

For more details visit https://cis-india.org/telecom/blog/business-standard-november-4-2015-buzz-around-tv-white-space

Millions of Indians Slam Facebook's ‘Free Basics’ App

subha — 2015-12-30T14:37:09Z

It has been less than two months since the nationwide launch of the Free Basics app in India. The smart phone application (formerly known as Internet.org) offers free access to Facebook, Facebook-owned products like WhatsApp, and a select suite of other websites for users who do not pay for mobile data plans.

This was published in Global Voices on December 29, 2015.

But the app has already been suspended, at least temporarily, as the Telecommunications Regulatory Authority considers new rules governing network neutrality. Depending on how they're written, the rules could render Free Basics a violation of the policy.

Free Basics, which has been deployed in 30 developing countries across the globe, gives users free access to websites that meet Facebook's technical standards for the application. The application does not give users access to the Internet at large. For open Internet advocates, this undercuts consumer choice and violates the principle of network neutrality, under which Internet providers are to treat all Internet traffic equally. Net neutrality allows users equal access to any website they want to visit, and gives website operators equal opportunities to attract visitors.

Facebook has responded to the pending regulation with an aggressive ad campaign both online and off. Over the last week, Facebook users across India (and some in the US) upon logging into the site have been greeted with notifications urging them to take action. The Free Basics page on Facebook now leads to a pleading form that asks users to contact the Telecom Regulatory Authority of India (TRAI) and voice their support for making Free Basics available in India. The company has also purchased a smattering of billboard advertisements across the country and taken out numerous two-page ads in leading national newspapers, as seen above.

The Indian Internet bites back

Indian netizens and activists have spoken out against the company's actions en masse, protesting heavily on social media, blogs and newspapers.

The grassroots open Internet group, SavetheInternet.in, that has been advocating for net neutrality in India throughout 2015, has launched an email campaign asking users to send letters to TRAI explaining how Free Basics violates net neutrality principles and propagates an inaccurate picture of the Internet for new users by placing it inside the confines of Facebook's application.

Multiple stand-up comedy groups have created videos explaining the regulatory debate and supporting net neutrality, which have gone viral:

Above, the third in a series of videos created by All India Bakchod, in partnership with SavetheInternet.in. Below, a video by East India Comedy.

The issue has also been hotly debated on Twitter, with technology and law experts leading the way.

Internet policy expert and lead staff member of the Center for Internet and Society in Bengaluru Pranesh Prakash tweeted:

New Delhi-based technology lawyer Mishi Choudhary, who leads the legal team at the Software Freedom Law Center, tweeted:

The Free Software Movement of India, a non-profit promoting use of free software and its philosophy in India via their local chapters, also has taken the campaign to the streets where the volunteers raised public awareness about Free Basic's adverse side.

Apart from local experts and activists, companies like Reddit, Truecaller and Indian e-commerce platform Paytm have publicly shared their opposition to Facebook's actions.

Facebook targets open Web activists

Facebook is paying close attention to civil society opposition to its activities in India. Across the globe, the company's Free Basics page now opens to a plea for users to contact TRAI, and includes a statement that directly targets open Internet advocates, suggesting that their motives are somehow driven by financial incentives:

…Free Basics is in danger in India. A small, vocal group of critics are lobbying to have Free Basics banned on the basis of net neutrality. Instead of giving people access to some basic internet services for free, they demand that people pay equally to access all internet services – even if that means 1 billion people can't afford to access any services.

SavetheInternet.in explicitly states in their About page that they are entirely volunteer-run and have no affiliation with any political party in India or elsewhere.

Users also have tweeted screenshots alleging that Facebook is restricting access for individuals sending messages opposing Free Basics. This has not been confirmed, but the tweets have only further stoked public frustration with the company.

Zuckerberg vs. SavetheInternet

On December 28, Facebook CEO Mark Zuckerberg penned a piece in the Times of India arguing that Free Basics will help “achieve digital equality for India,” and claiming that the initiative “isn’t about Facebook’s commercial interests.” India represents the world's largest market of Internet users after the US and China, where Facebook remains blocked.

In response, Nikhil Pawa, founder of online portal MediaNama and a volunteer with Savetheinternet.in, authored a critical opinion piece in the same newspaper:

[…] Why hasn’t Facebook chosen the options that do not violate Net Neutrality? For example, in India, Aircel has begun providing full internet access for free at 64 kbps download speed for the first three months….In Bangladesh, Grameenphone users get free data in exchange for watching an advertisement. In Africa, Orange users get 500 MB of free access on buying a $37 handset…

[…]

Facebook is being disingenuous — as disingenuous as the company’s promotional programmes for Free Basics to its Indian users — when it says that Free Basics is in conformity with Net Neutrality.

Pawa also quoted Naveen Patnaik, Chief Minister of Indian state of Odisha, who wrote to TRAI supporting net neutrality. “If you dictate what the poor should get, you take away their right to choose what they think is best for them,” he wrote.

“If you dictate what the poor should get, you take away their right to choose what they think is best for them.”

Writing for Quartz, technology critic Alice Truong expressed similar sentiment: “Zuckerberg almost portrays net neutrality as a first-world problem that doesn’t apply to India because having some service is better than no service.”

For Mahesh Murthy, an Indian venture capitalist and self-described net neutrality activist, it all comes down to revenue. On the Wire, Murthy offered untempered criticism of Facebook and Zuckerberg's efforts to appease the country's leaders:

[..] Unlike Facebook, who tried to silently slime this thing through last year when it was called Internet.org, and then are spending about Rs. 100 crores on ads – a third of its India revenue? – to try and con us Indians this year again. This is after we’d worked hard to ban these kind of products, technically called “zero rating apps” last year.[..] This Facebook ad [spread] doesn’t include the full-on Mark Zuckerberg love event put up for our Prime Minister when he visited the US, aimed again at greasing the way for this Free Basics thing through our government.

For more details visit https://cis-india.org/telecom/blog/millions-of-indians-slam-facebooks-2018free-basics2019-app

December 2015 Bulletin

praskrishna — 2016-01-13T14:07:01Z

Our newsletter for the month of December 2015 is below.

The Centre for Internet & Society (CIS) is happy to share the twelfth issue of CIS newsletter (December 2015). Previous editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights
The 4th edition of the Global Congress themed around "Three Decades of Openness, Two Decades of TRIPS" was organized in New Delhi from December 15 - 17, 2015. The largest ever in Asia, the Congress was jointly organised by CIS, NLU-D, Open A.I.R., CREATe, Columbia University and American University. Nehaa Chaudhari summarized the developments of the 4th Global Congress on IP and the Public Interest in a blog post that was originally published on the Global Congress blog. Sunil Abraham wrote a blog entry stating the institutional position of CIS on the Net Neutrality discussion going on in India. Catch News interviewed Sunil Abraham about the recent advertisement by Facebook titled "What Net Neutrality Activists won't Tell You or, the Top 10 Facts about Free Basics" . Sunil argued against the validity of all the 'top 10 facts'. Odia author and cultural historian Jagannath Prasad Das has recently permitted 30 volumes of his notable works to be re-license under an open license (Creative Commons Share-Alike 4.0 or CC-BY-SA 4.0) . Subhashish Panigrahi wrote a blog post on this in Discover Bhubaneswar, a web portal in Odisha. CIS has established institutional partnerships with University of Mysore and Guru G Learning Labs for furthering Wikipedia growth. Tanveer Hasan analyses the developments and lists out the possible future plans in this regard. CIS along with Observer Research Foundation, Centre for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania, and Internet Policy Observatory organized an event in New Delhi on Net Neutrality across South Asia . Today the quantity of data being generated is expanding at an exponential rate. From smartphones and televisions, trains and airplanes, sensor-equipped buildings and even the infrastructures of our cities, data now streams constantly from almost every sector and function of daily life, stated Scott Mason in a blog post. The Government of India is in the process of developing 100 smart cities in India which it sees as the key to the country's economic and social growth. Vanya Rakesh gave an overview of the Smart Cities project currently underway in India in a blog post. For the second part of the Smart City podcast series, Sruthi Krishnan and Harsha K from Fields of View spoke with Sumandro Chattapadhyay on data, people, and smart cities. Fields of View has produced and shared the recording. An extended survey of digital initiatives in arts and humanities practices in India was undertaken last year. The 'mapping digital humanities in India' enquiry began with the term 'digital humanities' itself, as a 'found' name for which one needs to excavate some meaning, context, and location in India at the present moment. P.P Sneha published the third,fourth, and fifth sections of the study this month. The RAW programme has initiated a new annual conference series titled Internet Researchers' Conference (IRC). The first edition of the Conference, organised around the theme of "studying internet in India" will be held in Delhi in February 2016

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Accessibility and Inclusion
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Under a grant from the Hans Foundation we are doing a project on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Updates

● December 2015 Report (Suman Dogra; December 31, 2015).

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Access to Knowledge
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As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Blog Entries

Abuse of Dominant Position in Indian Competition Law: A Brief Guide (Sarthak Sood; December 9, 2015).
GCIP2015: Notes from the Inaugural Session (Spadika Jayaraj; SpicyIP; December 14, 2015).
GCIP Day 1 Session 3: Challenges in Re-Articulating Public Interest (Spadika Jayaraj; SpicyIP; December 17, 2015).
GCIP 15 Day 2: Discussions on Health Technology, Innovation and Access (Spadika Jayaraj; SpicyIP; December 17, 2015).
Guidelines for Examination of Computer Related Inventions in abeyance (Anubha Sinha; Anubha Sinha; December 21, 2015).
4th Global Congress on IP and the Public Interest: Statement of Conclusion for the IP and Development track (Nehaa Chaudhari; December 25, 2015). This was also published on the Global Congress Blog.

Event Organized

Global Congress on Intellectual Property and the Public Interest (Organized by National Law University, Delhi, American Assembly, Columbia University, Open A.I.R., American University, and CIS; New Delhi, December 15 - 17, 2015).

Participation in Event

CODE Session (Organized by IDRC; December 17, 2015; New Delhi). Nehaa Chaudhari and Anubha Sinha participated in the event.

Media Coverage

NLSIU Conference on Access to Copyrighted Works for Persons with Disability: An enriching experience (Abolee Vaidya and Nuhar Bansal; SINAPSE; December 14, 2015). This is an event report on a one-day national conference on the 'Access to Copyrighted Works for Persons with Disability' for which Pranesh Prakash was a speaker .

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Articles

30 Books of Odia Author and Historian Jagannath Prasad Das to Come Online on Odia Wikisource (Subhashish Panigrahi; Discover Bhubaneswar; December 4, 2015).
ଓଡ଼ିଆ ଉଇକିପାଠାଗାର (Subhashish Panigrahi; Sambad; December 6, 2015).

Blog Entries

Open access in the Marathi language expands by a thousand books (Subhashish Panigrahi and Abhinav Garule; December 3, 2015). This was published on Wikimedia Blog.
Guru-G Learning Labs and CIS A2K Institutional Partnership (Tanveer Hasan; December 3, 2015).
Community Prioritisation of Content Donation: Kannada Wikisource (Tanveer Hasan; December 5, 2015).
Analysis of Institutional Partnerships: University of Mysore and Guru G Learning Labs (Tanveer Hasan; December 5, 2015).
Touch Point Report: Department of Tourism Studies, Christ University and St. Aloysius College, Mangalore (Tanveer Hasan; December 5, 2015).
TTT 2015 (Tanveer Hasan; December 5, 2015).
Kannada Wikipedia Editathon at Mangaluru (Dr. U.B. Pavanaja; December 29, 2015).

Events Organized

Talk on bringing 1000 books about the culture of Maharashtra on Marathi Wikipedia (The Energy and Resources Institute; Bangalore; December 1, 2015). Avinash Chaphekar, Joint Secretary, Maharashtra Granthottejak Sanstha gave a talk.
Odia Wikimedia community meetup (Organized by Odia Wikipedia Community and CIS; Cuttack; December 3, 2015).
Sau Dhuni Teen Project: December Edit-a-thon (Women's Studies Centre, University of Pune; December 3, 2015).

Participation in Events

Telugu Wikipedia Day 2015, Photo Walk (Organized by Telugu Wikipedians; Dr. YSR State Archaeological Museum, Hyderabad; December 13, 2015). Pavan Santhosh attended the event. One of the popular Telugu news channel TV9 covered the event and telecasted the same. Eenadu published a special item on photo walk on December 13, 2015.
English Wikipedia and the Telugu Wikipedia joint meetup and edit-a-thon (Organized by Wikipedia community; Golden Threshold, Hyderabad; December 20, 2015). The event was covered inSakshi and Andhra Jyoti.

Media Coverage

CIS gave its inputs to the following media coverage:

Post More Articles on Kannada Wikipedia (Indian Express; Mangaluru edition; December 12, 2015).

A Kannada Wikipedia Editathon was conducted in Mangalore on December 10, 2015. The following are the media coverage for the same:

Kannada Wikipedia Editathon (Udayavani; December 7, 2015).
Kannada Wikipedia Editathon (Vijayavani; December 11, 2015).
Kannada Wikipedia Editathon (Vijaya Karnataka; December 11, 2015).
Kannada Wikipedia Editathon (Udayavani; December 11, 2015).
Kannada Wikipedia Editathon (Prajavani; December 10, 2015).
Kannada Wikipedia Editathon (Prajavani; December 13, 2015).

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

►Free Speech and Expression

Interview

Facebook shares 10 key facts about Free Basics. Here's what's wrong with all 10 of them (Shweta Sengar; Catch News; December 24, 2015).

Blog Entry

CIS's Position on Net Neutrality (Sunil Abraham; December 4, 2015).

Event Organized

Net Neutrality across South Asia (Organized by Observer Research Foundation, Centre for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania, Internet Policy Observatory and CIS; New Delhi; December 12, 2015).

Participation in Event

Consultation on "Understanding the Freedom of Expression Online and Offline" (Organized by Digital Empowerment Foundation and Association for Progressive Communications; YMCA, New Delhi; December 10, 2015). Jyoti Panday was a speaker at this event.

►Big Data

Blog Entry

Benefits and Harms of "Big Data" (Scott Mason; December 30, 2015).

►Cyber Security

Blog Entry

Ground Zero Summit (Amber Sinha; December 22, 2015).

Participation in Events

Second Regional Conference on Connectivity for All: Future Technologies, Markets and Regulation (Organized by International Telecommunications Society, IIMA IDEA Telecom Centre of Excellence and Indian Institute of Management, Ahmedabad; New Delhi; December 13 - 15, 2015). Sunil Abraham was a panelist.

Event Organized

Bangalore Chapter Meet - DSCI (CIS, Bangalore; December 1, 2015). CIS hosted the Bangalore Chapter Meet of DSCI. Pronab Mohanty, Inspector General of Police gave a talk on Cybercrimes. Sunil Abraham presented the outcome of his study "Anonymity in Cyberspace".

►Privacy

Blog Entries

UID Research (Vanya Rakesh; December 2, 2015).
DNA Research (Vanya Rakesh; December 2, 2015).
Privacy Policy Research (Vanya Rakesh; December 2, 2015).
Sectoral Privacy Research (Vanya Rakesh; December 2, 2015).
Security Research (Vanya Rakesh; December 3, 2015).
Eight Key Privacy Events in India in the Year 2015 (Amber Sinha; December 31, 2015).

Participation in Events

Kick Off Meeting for the Politics of Data Project (Organized by Tactical Tech; Phnom Penh; December 7-8, 2015). Amber Sinha participated in the event.
Unbundling Issues of Privacy, Data Security, Identity Matrics, for Financial Inclusion (Organized by Indicus Foundation and MicroSave; December 10, 2015; Metropolitan Hotel and Spa, New Delhi). Sunil Abraham was a speaker.

►Miscellaneous

Blog Entry

Smart Cities in India: An Overview (Vanya Rakesh; December 21, 2015).

Participation in Event

Elite Capture of Governance (Organized by Forum for Urban Governance and Commons; December 16, 2015; Bangalore). Vanya Rakesh participated in the event.

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Articles

The Free Basics debate: Trai has a point in imposing temporary ban on net neutrality (Sunil Abraham; FirstPost; December 24, 2015).
Millions of Indians Slam Facebook's 'Free Basics' App (Subhashish Panigrahi; December 29, 2015).

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by contemporary concerns to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It is interested in producing local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Upcoming Events

A.I. Hype Cycles and Artistic Subversions (CIS, Bangalore; January 22, 2016). Gene Kogan will give a talk.
First Edition of Internet Researchers' Conference (IRC) 2016 - Studying Internet in India: Call for Sessions (Organized by CIS; New Delhi; February 25 - 27, 2016).

Blog Entries

RAW Lecture #01: Nishant Shah on 'Stories and Histories of Internet in India' - Video (P.P. Sneha; December 1, 2015).
FOV Podcast - Data, People, and Smart Cities (Sumandro Chattapadhyay; December 2, 2015).
Reading from a Distance - Data as Text (P.P. Sneha; December 7, 2015).
The Infrastructure Turn in the Humanities (P.P. Sneha; December 7, 2015).
Living in the Archival Moment (P.P. Sneha; December 14, 2015).

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News & Media Coverage
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CIS gave its inputs to the following media coverage:

India's net neutrality debate is unique and complex (Pratap Vikram Singh; Governance Now; December 14, 2015).
Start-up India turns the heat on Facebook Free Basics (Anita Babu; Business Standard; December 22, 2015).
A Scam Masquerading as Santa (Apurva Venkat & Vandana Kamath; Bangalore Mirror; December 25, 2015).
Facebook goes out all guns blazing in push for Free Basics, Net neutrality advocates cry foul (IBN Live; December 29, 2015).
Foreign Media on Zuckerberg's India Backlash (Bhuma Shrivastava; NDTV; December 30, 2015).
Mark Zuckerberg's India backlash imperils vision for free global web (Bhuma Shrivastava; Livemint; December 30, 2015).

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About CIS
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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Offices

Bengaluru - No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru, 560071. Location on Google Map .

Delhi - First floor, B 1/8, Hauz Khas, near G Block market, after Crunch, New Delhi, 110016. Location on Google Map.

► Follow Us

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru, 560 071.

► Request for Collaboration

For more details visit https://cis-india.org/about/newsletters/december-2015-bulletin

A billion mobile users: new startup profiles and innovation insights from Mobile India 2016

praskrishna — 2016-01-17T15:13:42Z

The annual Mobile India conference, for which YourStory was the media partner, wrapped up recently in Bengaluru with a startup showcase and a wide range of insights on mobile innovation in India.

The blog post by Sneha Maselkar and Madanmohan Rao was first published in Your Story on January 14, 2016. Sunil Abraham was quoted.

Chaired by professors V. Sridhar of IIIT Bangalore and D. Manjunath of IIT Bombay, the event’s theme was ‘The App Economy.’ (See YourStory coverage of the earlier editions of this conference: 2015, 2014 and 2013).

Mobile innovators

New products were presented by innovators like Pravin Bhagwat, Founder and Chief Technology Officer, AirTight Networks. The company is creating an app store based on ‘social WiFi,’ riding on Google+ and Facebook. A number of interesting startups like IoTM2MSolutions were also at the event. Founded by Ismail Zabihullahh in 2009, the 15-member team has a range of offerings in home automation, RFID biometrics, street lighting and smart parking solutions.

Inaccel is a med-tech accelerator founded in 2014 by Siraj Dhanani, Vijayarajan and Dr. Jagish Chaturvedi. It address the needs, resource and skill gaps, and price-sensitivity of clinical markets, and helps startups conceptualise, design, engineer, and achieve regulatory certification. Its portfolio picks companies with a five-year horizon, in exchange for equity stakes.

Dataglen was formed in 2014 by Deva P. Seetharam, Tanuja Ganu, Sunil Ghai and Rajesh Kunnath. It provides Internet of Things (IoT) data collection and management services, and provides an API for users to develop applications on a variety of computing platforms. The startup charges for data management services based on the volume of transactions and for any required customisation services.

Czar Securities was founded in August 2013 by Shikhil Sharma and Ananda Krishna. Two employees Deepankar Tyagi and Nakul Gulati joined in quick succession. The cyber security solutions company secures corporate IT infrastructure from cyber attacks. Offerings include ASTRA, an intrusion prevention system, as well as penetration testing and security audit services.

Infilect was founded in April 2015 by Vijay Gabale and Anand Prabhu Subramanian. They are building an AI-enabled personalised fashion shopping assistant. The product, Photolect, helps in discovery, search and personalisation for online shoppers by parsing of photos. The product is in beta-test mode with several fashion experts evaluating its features.

Sattva Medtech was founded in 2014 by Vibhav Joshi and Sumedh Kaulgud. They are developing a next-generation fetal health monitoring device which leverages advanced sensors and algorithms. This device, called the Sattva Fetal Lite, has been designed and engineered for use in India and other low-and-mid-income countries; the team has raised an undisclosed amount in seed funding from InnAccel.

Coeo Labs was founded in October 2014 by Nitesh Kumar Jangir and Nachiket Deval. It is a medical device company, developing products in the field of emergency and critical care. Offerings include a device to reduce chances of acquiring ventilator-associated pneumonia (VAP), and a mechanical CPAP machine (mCPAP) for transport of neonates with troubled breathing, from a resource-constrained setting to a neonatal ICU.

IoT scenarios

Over a dozen experts from India and the US discussed the latest mobile trends in a day of packed panel sessions and keynotes. Interface design, usable security and systems integration are key success factors for IoT, according to Henning Schulzrinne, Professor at Columbia University, and CTO, United States Federal Communications Commission. Consumer and industrial IoT scenarios differ with respect to predictability, redundancy, energy consumption and interoperability.

He pointed out categories and uses cases of high IoT impacts: automation of manual data extraction (metering), remote maintenance (vending machines), extraction of additional information (thermostats) and software-defined mechanics (locks, switches).

“IoT networks won’t operate just on mobile carriers, but also on other networks such as Zigbee and Bluetooth,” Henning explained. The Internet itself will be transformed by IoT. “Protocols matter, programmability matters more,” he added. The Internet is becoming more than the Internet protocol; plug-and-play is becoming augmented by plug-and-programme in the IoT world.

The ‘DNA’ of apps

The proliferation of apps can lead to the rise of localised app stores in local languages, said Chinnu Senthilkumar, CTO, Exfinity Ventures, pointing to Korea as an example in this regard. “Many apps are local. How well do you know the digital literacy of your neighbourhood users,” he asked.

Most apps in India are of the ‘me-too’ type; developers need to incorporate better user experience (UX) and bring in more cross-disciplinary experience (see earlier insights from the UX India 2015 conference and NASSCOM NPC 2015). “Security is still an afterthought in app development,” cautioned Chinnu.

“You need to figure out the DNA of the mobile experience: Device, Network, App,” explained Amar Nagaram, Director, Mobile Engineering, Flipkart. The e-commerce giant classifies devices into four broad categories, and its app design factors in the app size, data stored on the device, and computational power of the device.

Battery requirements of the device and packet drop rates on mobile networks are major constraints on app performance in India. Online shopping lets users interact with catalogues as well as product experts.

“I had to unlearn a lot of things from the Internet world which may not apply in a similar manner to the app world. For example, not all older versions of apps need to be supported,” explained Amar.

“Ask yourself, what does your app do for consumers?” advised Pradeep Nair, Co-Founder and CEO, Confianzys. Developers should be looking not at product-market fit, but market-product fit. “Industries die because of their myopia; they focus on past products and not future consumer needs,” he said, urging developers to track-long term megatrends as well.

Telcos’ role in the App Economy

The telecommunications world is changing rapidly due to trends like IoT, new breeds of apps, video boom and Big Data, observed Ishwardutt Parulkar, Cisco Distinguished Engineer. Telcos are struggling to get new drivers for existing services, new revenue sources, and new sources of consumer loyalty.

“Telcos need to provide APIs to developers for embedding telco services and network analytics data. Telcos can also play a bigger role in mobile advertising, for example network-wide ad blocking, as in the case of Jamaica,” advised Ishwardutt. Telcos can exploit synergy with cloud services, and resell SaaS products bundled with telco products.

“We are witnessing major waves of disruptive innovation today: the rise from oblivion to the top is rapid – and so is the fall from the top,” said SR Raja, Associate Vice President, Persistent Systems. Many incumbents tend to suffer from ignorance, inertia, and the inability to do little more than tweak or tinker with existing offerings.

There is a Moore’s Law variant for all architecture components, including programming languages. Hence, telcos need to master new business models blending product and service, advised Raja. “Even regulated industries can be disrupted from outside – look at Uber and Tesla. Will telcos experiment with surge pricing like Uber, or become IoT solutions systems integrators,” he asked. For example, operator O2 has used mobile identity to launch its own messaging OTT app, and Vodafone is getting into IoT services.

Operators and Net Neutrality

The Mobile India conference took place with the backdrop of a heated battle over Net Neutrality between Facebook’s Free Basics and Internet activists from India, which has received a lot of media coverage in India and overseas.

This calls for the digital media community and entrepreneur ecosystem to pay attention to complex but important issues such as Internet governance. “The next billion users in India may be very different from the current billion, in terms of geography, language and access device,” observed Samiran Gupta, Head-India, Internet Corporation for Assigned Names and Numbers (ICANN).

ICANN’s objective is to maintain inter-operability of the Internet, and there is a unique opportunity for emerging economies to play a stronger role in Internet governance, in issues such as local languages and scripts.

Regulation and digital innovation

Regulators have major challenges ahead in juggling the needs of multiple stakeholders and demands for different slices of spectrum. “There are 43 different kinds of radio-communication services competing for spectrum,” said Pavan Garg, Former Wireless Adviser, GoI, and former Member, Radio Regulations Board, ITU, Geneva.

Regulators need to become much more savvy on the kind of collusions possible between industry heavyweights, according to Sunil Abraham, Executive Director, Centre for Internet and Society.

If India gets its IP regime correct, the local language content economy can be boosted, in addition to other civic benefits. For example, giving anonymised data access to independent researchers has helped LIRNEasia come up with better transportation design in Sri Lanka.

The discussion covered a wide range of interesting possibilities. In the EU, it is mandated that all mobile phones be able to display all European languages. Can India do the same for local languages? Will regulation promote support for Indic language technology on mobiles, or should this be left purely to the market? Organisations such as the Telecommunications Standards Development Society, India (TSDSI) is working on Indian language standards in ICTs.

The app economy can indeed be accelerated with proactive government intervention, said Parnil Urdhwareshe, Research Assistant at ICRIER and co-author of a report on ‘Impact of India’s App Economy.’ India’s app ecosystem could be worth Rs 2,000 crore in 2016; it created about 75,000 direct jobs in 2015, according to the report.

The government can pass regulations on apps covering privacy, Net Neutrality and safety, eg. SoS buttons, medical apps. The UK government has drawn up a range of app guidelines covering issues such as in-app purchases.

“Design in India is more important than Make In India,” said Vipin Tyagi, Executive Director, C-DOT, drawing attention to issues of participatory design and citizen-centric services rather than only one-way top-down initiatives from government and large industry players.

The road ahead

Broadband penetration in India is only 10 per cent. By 2018, video will be 62 per cent of India’s mobile data traffic, and there will be 526 million Internet users, according to Anil Kaushal, Member, Telecom Regulatory Authority of India (TRAI).

The government’s BharatNet initiative aims to connect 2,50,000 Gram Panchayats across the country. TRAI has given recommendations for Virtual Network Operators, wherein niche players can offer Smart City services.

In addition to regulators, operators and developers, success of the app economy also rests on responsible user behaviour, said Deepak Maheshwari, Head-Government Affairs, Symantec. “Be more active with respect to data encryption on your device. Use multi-factor authentication,” he advised.

Seventy per cent of India’s population lives in villages; digital innovation will help bring education and healthcare to them, said Vimal Wakhlu, Chairman & Managing Director, TCIL. There are also global extensions and markets for Indian innovations, such as the Pan-African E-Network targeted at 53 countries. There are major uses of ICTs across India, such as monitoring the cleaning of the Ganges as well as water gate management in Gujarat, Vimal added.

“India needs to mandate telecom infrastructure in real estate development and town planning. Digital media will change the way we learn and earn,” said T.R. Dua, Director General, Tower and Infrastructure Providers Association (TAIPA) India, and Co-Chair ITU APT Foundation of India.

For more details visit https://cis-india.org/telecom/news/yourstory-sneha-maselkar-and-madanmohan-rao-january-14-2016-a-billion-mobile-users

Trai promises final call on differential pricing by month-end after 'lively' open house

praskrishna — 2016-01-26T02:41:56Z

The Telecom Regulatory Authority of India (Trai) will take a final call on differential pricing by the end of January , its chairman said, describing the open house discussions on the regulator's contentious consultation paper as "lively".

The article by Economic Times was published on January 22, 2016. CIS gave inputs.

"It was a very lively consultation, the hall was full. We will take all these into account and hope that by the end of the month, we should be able to come out with our position," Trai chairman Ram Sewak Sharma said.

He, however, refused to link this consultation paper to the broader topic of net neutrality . "Net neutrality is a different subject. First we will decide differential pricing, then we will look at other issues. I cannot say at this time what Trai will do on the larger issue of net neutrality , but we will certainly take a call," Sharma said.

The open house saw a near packed house, with representatives from Trai, several telecom companies, civil society organisations, industry bodies, and individuals, but the debate did not turn out to be as explosive as the acrimonious lead-up to it.

Facebook India's policy head Ankhi Das, whose presence was hugely anticipated after a recent round of high octave communication between Trai and Facebook was made public, did not turn up.

A representative of Facebook, whose zero-rated programme called Free Basics has been at the cent re of the controversy surrounding the differential pricing paper, said: "As a company we have commented. With Free Basics we hope to bring people online in a non-discriminatory manner... We hope Trai will encourage Free Basics.

"Telcos including Bharti AirtelBSE -0.37 %, Idea CellularBSE 0.05 %, Reliance CommunicationsBSE -1.58 %, Sistema Shyam, Tata Communications, VideoconBSE -0.54 % Telecom, and Vodafone made a case for allowing differential pricing, and most cited extending the practice from voice to data services.

"Differential pricing should be incorporated as were done in voice telephony. Data should be encouraged while the content part can be taken up in another consultation paper," a Vodafone representative said.

The volunteer-led savetheinternet.in coalition said: "Internet is not a marketplace. Though telcos advocate differential pricing in the name of different customer classes, but when they charge for third party content, it becomes a problem."

Civil society organisations also made detailed submissions, explaining their positions. While most, including industry body Internet and Mobile Association of India, said they were against differential pricing, some took a slightly cautious view. "What hasn't been discussed is that there is already differential pricing and this is undocumented," said a representative of Centre for Internet and Society. "Free Basics isn't following certain protocol standards, and this is a concern. We don't have enough data on internet usage, costs, user experience, to take a decision now," he added.

A representative of Tata CommunicationsBSE 0.58 % said "sponsored data services" exist around the world and argued citing an example that providing free voice service does not confer competitive advantage.

"If there are two pizza vendors: one with a toll-free service for taking orders and the other where you pay money to order without a toll-free service. The uptake in the pizza depends on the quality and the price of the pizzas. It is not because it is a toll free call," he said.

This comparison drew laughter in the open house, and became the butt of jokes on Twitter from internet freedom advocates. "Btw, I think a new analogy from the telco guys today, comparing the internet with pizza. How creative," tweeted Nikhil Pahwa, who under the banner of savetheinternet.in has been campaigning for net neutrality.

IAMAI president Subho Ray's candid commentary on submissions, calling some of them "badly done homework", did not go down well with some members of the audience.

Individual entrepreneurs made a case for not having differential pricing, as that would mean the telcos would get to decide the access for their business. Some people suggested alternatives. Digital Empowerment Foundation founder Osama Manzar said unlicensed spectrum or Wi-Fi could be used to provide access in the rural areas.

Trai launched the differential pricing consultation paper on December 9, which was followed by Facebook starting a mass campaign, asking its users to support Free Basics, urging them to email Trai in support of "digital equality" and supporting Free Basics.

For more details visit https://cis-india.org/telecom/news/trai-promises-final-call-on-differential-pricing-by-month-end-after-lively-open-house

5G Technologies Workshop by IEEE

rohini — 2015-08-29T14:10:03Z

The workshop was organized by IEEE Communications Society, Bangalore Chapter, at Bangalore on May 22 and 23, 2015. Rohini Lakshané attended the workshop.

Download the programme schedule

For more details visit https://cis-india.org/telecom/news/5-g-technologies-workshop

Regulatory Perspectives on Net Neutrality

pranesh — 2015-07-18T02:46:30Z

In this paper Pranesh Prakash gives an overview on why India needs to put in place net neutrality regulations, and the form that those regulations must take to avoid being over-regulation.

With assistance by Vidushi Marda (Programme Officer, Centre for Internet and Society) and Tarun Krishnakumar (Research Volunteer, Centre for Internet and Society). I would like to specially thank Vishal Misra, Steve Song, Rudolf van der Berg, Helani Galpaya, A.B. Beliappa, Amba Kak, and Sunil Abraham for extended discussions, helpful suggestions and criticisms. However, this paper is not representative of their views, which are varied.

Today, we no longer live in a world of "roti, kapda, makaan", but in the world of "roti, kapda, makaan aur broadband". ^{^[1]} This is recognized by the National Telecom Policy IV.1.2, which states the need to "recognise telecom, including broadband connectivity as a basic necessity like education and health and work towards 'Right to Broadband'."^{^[2]} According to the IAMAI, as of October 2014, India had 278 million internet users. ^{^[3]} Of these, the majority access Internet through their mobile phones, and the WEF estimates only 3 in 100 have broadband on their mobiles.^{^[4]} Thus, the bulk of our population is without broadband. Telecom regulation and net neutrality has a very important role in enabling this vision of Internet as a basic human need that we should aim to fulfil.

1. Why should we regulate the telecom sector?

All ICT regulation should be aimed at achieving five goals: achieving universal, affordable access; ^{^[5]} ensuring and sustaining effective competition in an efficient market and avoiding market failures; protecting against consumer harms; ensuring maximum utility of the network by ensuring interconnection; and addressing state needs (taxation, security, etc.). Generally, all these goals go hand in hand, however some tensions may arise. For instance, universal access may not be provided by the market because the costs of doing so in certain rural or remote areas may outweigh the immediate monetary benefits private corporations could receive in terms of profits from those customers. In such cases, to further the goal of universal access, schemes such as universal service obligation funds are put in place, while ensuring that such schemes either do not impact competition or very minimally impact it.

It is clear that to maximise societal benefit, effective regulation of the ICT sector is a requirement, which otherwise, due to the ability of dominant players to abuse network effect to their advantage, is inherently prone towards monopolies. For instance, in the absence of regulation, a dominant player would charge far less for intra-network calls than inter-network calls, making customers shift to the dominant network. This kind of harm to competition should be regulated by the ICT regulator. However, it is equally true that over-regulation is as undesirable as under-regulation, since over-regulation harms innovation - whether in the form of innovative technologies or innovative business models. The huge spurt of growth globally of the telecom sector since the 1980s has resulted not merely from advancements in technology, but in large part from the de-monopolisation and deregulation of the telecom sector.^{^[6]} Similarly, the Internet has largely flourished under very limited technology-specific regulation. For instance, while interconnection between different telecom networks is heavily regulated in the domestic telecom sector, interconnection between the different autonomous systems (ASes) that make up the Internet is completely unregulated, thereby allowing for non-transparent pricing and opaque transactions. Given this context, we must ensure we do not over-regulate, lest we kill innovation.

2. Why should we regulate Net Neutrality? And whom should we regulate?

We wouldn't need to regulate Net Neutrality if ISPs were not "gatekeepers" for last-mile access. "Gatekeeping" occurs when a single company establishes itself as an exclusive route to reach a large number of people and businesses or, in network terms, nodes. It is not possible for Internet services to reach the customers of the telecom network without passing through the telecom network. The situation is very different in the middle-mile and for backhaul. Even though anti-competitive terms may exist in the middle-mile, especially given the opacity of terms in "transit agreements", a packet is usually able to travel through multiple routes if one route is too expensive (even if that is not the shortest network path, and is thus inefficient in a way). However, this multiplicity of routes is not possible in the last mile.

This leaves last mile telecom operators (ISPs) in a position to unfairly discriminate between different Internet services or destinations or applications, while harming consumer choice. This is why we believe that promoting the five goals mentioned above would require regulation of last-mile telecom operators to prevent unjust discrimination against end-users and content providers.

Thus, net neutrality is the principle that we should regulate gatekeepers to ensure they do not use their power to unjustly discriminate between similarly situated persons, content or traffic.

3. How should we regulate Net Neutrality?

3.1. What concerns does Net Neutrality raise? What harms does it entail?

Discriminatory practices at the level of access to the Internet raises the following set of concerns:

1. Freedom of speech and expression, freedom of association, freedom of assembly, and privacy.

2. Harm to effective competition

a. This includes competition amongst ISPs as well as competition amongst content providers.

b. Under-regulation here may cause harm to innovation at the content provider level, including through erecting barriers to entry.

c. Over-regulation here may cause harm to innovation in terms of ISP business models.

3. Harm to consumers

a. Under-regulation here may harm consumer choice and the right to freedom of speech, expression, and communication.

b. Over-regulation on this ground may cause harm to innovation at the level of networking technologies and be detrimental to consumers in the long run.

4. Harm to "openness" and interconnectedness of the Internet, including diversity (of access, of content, etc.)

a. Exceptions for specialized services should be limited to preserve the open and interconnectedness of the Internet and of the World Wide Web.

It might help to think about Net Neutrality as primarily being about two overlapping sets of regulatory issues: preferential treatment of particular Internet-based services (in essence: content- or source-/destination-based discrimination, i.e., discrimination on basis of 'whose traffic it is'), or discriminatory treatment of applications or protocols (which would include examples like throttling of BitTorrent traffic, high overage fees upon breaching Internet data caps on mobile phones, etc., i.e., discrimination on the basis of 'what kind of traffic it is').

Situations where the negative or positive discrimination happens on the basis of particular content or address should be regulated through the use of competition principles, while negative or positive discrimination at the level of specific class of content, protocols, associated ports, and other such sender-/receiver-agnostic features, should be regulated through regulation of network management techniques . The former deals with instances where the question of "in whose favour is there discrimination" may be asked, while the latter deals with the question "in favour of what is there discrimination".

In order to do this, a regulator like TRAI can use both hard regulation - price ceilings, data cap floors, transparency mandates, preventing specific anti-competitive practices, etc. - as well as soft regulation - incentives and disincentives.

3.1.1 Net Neutrality and human rights

Any discussion on the need for net neutrality impugns the human rights of a number of different stakeholders. Users, subscribers, telecom operators and ISPs all possess distinct and overlapping rights that are to be weighed against each other before the scope, nature and form of regulatory intervention are finalised. The freedom of speech, right to privacy and right to carry on trade raise some of the most pertinent questions in this regard.

For example, to properly consider issues surrounding the practice of paid content-specific zero-rating from a human rights point of view, one must seek to balance the rights of content providers to widely disseminate their 'speech' to the largest audiences against the rights of consumers to have access to a diverse variety of different, conflicting and contrasting ideas.

This commitment to a veritable marketplace or free-market of ideas has formed the touchstone of freedom of speech law in jurisdictions across the world as well as finding mention in pronouncements of the Indian Supreme Court. Particular reference is to be made to the dissent of Mathew, J. inBennett Coleman v. Union of India^{^[7]} and of the majority Sakal Papers v. Union of India^{^[8]} which rejected the approach.

Further, the practice of deep-packet inspection, which is sometimes used in the process of network management, raises privacy concerns as it seeks to go beyond what is "public" information in the header of an IP packet, necessary for routing, to analysing non-public information. ^{^[9]}

3.2 What conditions and factors may change these concerns and the regulatory model we should adopt?

While the principles relating to Net Neutrality remain the same in all countries (i.e., trying to prevent gatekeepers from unjustly exploiting their position), the severity of the problem varies depending on competition in the market, on the technologies, and on many other factors. One way to measure fair or stable allocation of the surplus created by a network - or a network-of-networks like the Internet - is by treating it as a convex cooperation game and thereupon calculating that game's Shapley value:^{^[10]} in the case of the Internet, this would be a game involving content ISPs, transit ISPs, and eyeball (i.e., last-mile) ISPs. The Shapley value changes depending on the number of competitors there are in the market: thus, the fair/stable allocation when there's vibrant competition in the market is different from the fair/stable allocation in a market without such competition. That goes to show that a desirable approach when an ISP tries to unjustly enrich itself by charging other network-participants may well be to increase competition, rather than directly regulating the last-mile ISP. Further, it shows that in a market with vibrant last-mile competition, the capacity of the last-mile ISP to unjustly are far diminished.

In countries which are remote and have little international bandwidth, the need to conserve that bandwidth is high. ISPs can regulate that by either increasing prices of Internet connections for all, or by imposing usage restrictions (such as throttling) on either heavy users or bandwidth-hogging protocols. If the amount of international bandwidth is higher, the need and desire on part of ISPs to indulge in such usage restrictions decreases. Thus, the need to regulate is far higher in the latter case, than in the former case.

The above paragraphs show that both the need for regulation and also the form that the regulation should take depend on a variety of conditions that aren't immediately apparent.

Thus, the framework that the regulator sets out to tackle issues relating to Net Neutrality are most important, whereas the specific rules may need to change depending on changes in conditions. These conditions include:

● last-mile market

○ switching costs between equivalent service providers

○ availability of an open-access last-mile

○ availability of a "public option" neutral ISP

○ increase or decrease in the competition, both in wired and mobile ISPs.

● interconnection market

○ availability of well-functioning peering exchanges

○ availability of low-cost transit

● technology and available bandwidth

○ spectrum efficiency

○ total amount of international bandwidth and local network bandwidth

● conflicting interests of ISPs

○ do the ISPs have other business interests other than providing Internet connectivity? (telephony, entertainment, etc.)

3.3 How should we deal with anti-competitive practices?

Anti-competitive practices in the telecom sector can take many forms: Abuse of dominance, exclusion of access to specific services, customer lock-in, predatory pricing, tying of services, cross-subsidization, etc., are a few of them. In some cases the anti-competitive practice targets other telecom providers, while in others it targets content providers. In the both cases, it is important to ensure that ensure that telecom subscribers have a competitive choice between effectively substitutable telecom providers and an ability to seamlessly switch between providers.

3.3.1 Lowering Switching Costs

TRAI has tackled many of these issues head on, especially in the mobile telephony space, while competitive market pressures have helped too:

● Contractual or transactional lock-in. The easiest way to prevent shifting from one network to another is by contractually mandating a lock-in period, or by requiring special equipment (interoperability) to connect to one's network. In India, this is not practised in the telecom sector, with the exception of competing technologies like CDMA and GSM. Non-contractual lock-ins, for instance by offering discounts for purchasing longer-term packages, are not inherently anti-competitive unless that results in predatory pricing or constitutes an abuse of market dominance. In India, switching from one mobile provider to another, though initiated 15 years into the telecom revolution, is in most cases now almost as easy as buying a new SIM card.^{^[11]} TRAI may consider proactive regulation against contractual lock-in.

● Number of competitors. Even if switching from one network to another is easy, it is not useful unless there are other equivalent options to switch to. In the telecom market, coverage is a very important factor in judging equivalence. Given that last mile connectivity is extremely expensive to provide, the coverage of different networks are very different, and this is even more true when one considers wired connectivity, which is difficult to lay in densely-populated urban and semi-urban areas and unprofitable in sparsely-populated areas. The best way to increase the number of competitors is to make it easier for competitors to exist. Some ways of doing this would be through enabling spectrum-sharing, lowering right-of-way rents, allowing post-auction spectrum trading, and promoting open-access last-mile fibre carriers and to thereby encourage competition on the basis of price and service and not exclusive access to infrastructure.

● Interconnection and mandatory carriage. The biggest advantage a dominant telecom player has is exclusive access to its customer base. Since in the telecom market, no telco wants to not connect to customers of another telco, they do not outright ban other networks. However, dominant players can charge high prices from other networks, thereby discriminating against smaller networks. In the early 2000s, Airtel-to-Airtel calls were much cheaper than Airtel-to-Spice calls. However, things have significantly changed since then. TRAI has, since the 2000s, heavily regulated interconnection and imposed price controls on interconnection ("termination") charges.^{^[12]} Thus, now, generally, inter-network calls are priced similarly to intra-network calls. And if you want cheaper Airtel-to-Airtel calls, you can buy a special (unbundled) pack that enables an Airtel customer to take advantage of the fact that her friends are also on the same network, and benefits Airtel since they do not in such cases have to pay termination charges. Recently, TRAI has even made the interconnection rates zero in three cases: landline-to-landline, landline-to-cellular, and cellular-to-landline, in a bid to decrease landline call rates, and incentivise them, allowing a very low per call interconnection charges of 14 paise for cellular-to-cellular connections. ^{^[13]}

○ With regard to Net Neutrality, we must have a rule that no termination charges or carriage charges may be levied by any ISP upon any Internet service. No Internet service may be discriminated against with regard to carriage conditions or speeds or any other quality of service metric. In essence all negative discrimination should be prohibited. This means that Airtel cannot forcibly charge WhatsApp or any other OTT (which essentially form a different "layer") money for the "privilege" of being able to reach Airtel customers, nor may Airtel slow down WhatsApp traffic and thus try to force WhatsApp to pay. There is a duty on telecom providers to carry any legitimate traffic ("common carriage"), not a privilege. It is important to note that consumer-facing TSPs get paid by other interconnecting Internet networks in the form of transit charges (or the TSP's costs are defrayed through peering). There shouldn't be any separate charge on the basis of content (different layer from the carriage) rather than network (same layer as the carriage). This principle is especially important for startups, and which are often at the receiving end of such discriminatory practices.

● Number Portability. One other factor that prevents users from shifting between one network and another is the fact that they have to change an important aspect of their identity: their phone number (this doesn't apply to Internet over DSL, cable, etc.). At least in the mobile space, TRAI has for several years tried to mandate seamless mobile number portability. The same is being tried by the European Commission in the EU. ^{^[14]} While intra-circle mobile number portability exists in India - and TRAI is pushing for inter-circle mobile number portability as well^{^[15]} - this is nowhere as seamless as it should be.

● Multi-SIM phones. The Indian market is filled with phones that can accommodate multiple SIM cards, enabling customers to shift seamlessly between multiple networks. This is true not just in India, but most developing countries with extremely price-sensitive customers. Theoretically, switching costs would approach zero if in a market with full coverage by n telecom players every subscriber had a phone with n SIM slots with low-cost SIM cards being available.

The situation in the telecom sector with respect to the above provides a stark contrast to the situation in the USA, and to the situation in the DTH market. In the USA, phones get sold at discounts with multi-month or multi-year contracts, and contractual lock-ins are a large problem. Keeping each of the above factors in mind, the Indian mobile telecom space is far more competitive than the US mobile telecom space.

Further, in the Indian DTH market, given that there is transactional lock-in (set-top boxes aren't interoperable in practice, though are mandated to be so by law^{^[16]}), there are fewer choices in the market; further, the equivalent of multi-SIM phones don't exist with respect to set-top boxes. Further, while there are must-carry rules with respect to carriage, they can be of three types: 1) must mandatorily provide access to particular channels^{^[17]} (positive obligation, usually for government channels); 2) prevented from not providing particular channels (negative obligation, to prevent anti-competitive behaviour and political censorship); and 3) must mandatorily offer access to at least a set number of channels (positive obligation for ensuring market diversity). ^{^[18]} Currently, only (1) is in force, since despite attempts by TRAI to ensure (3) as well.^{^[19]}

If the shifting costs are low and transparency in terms of network practice is reported in a standard manner and well-publicised, then that significantly weakens the "gatekeeper effect", which as we saw earlier, is the reason why we wish to introduce Net Neutrality regulation. This consequently means, as explained above in section 3.2, that despite the same Net Neutrality principles applying in all markets and countries, the precise form that the Net Neutrality regulations take in a telecom market with low switching costs would be different from the form that such regulations would take in a market with high switching costs.

3.3.2 Anti-competitive Practices

Some potential anti-competitive practices, which are closely linked, are cross-subsidization, tying (anti-competitive bundling) of multiple services, and vertical price squeeze. All three of these are especial concerns now, with the increased diversification of traditional telecom companies, and with the entry into telecom (like with DTH) of companies that create content. Hence, if Airtel cross-subsidizes the Hike chat application that it recently acquired, ^{^[20]} or if Reliance Infocomm requires customers to buy a subscription to an offering from Reliance Big Entertainment, or if Reliance Infocomm meters traffic from another Reliance Big Entertainment differently from that from Saavn, all those would be violative of the principle of non-discrimination by gatekeepers. This same analysis can be applied to all unpaid deals and non-commercial deals, including schemes such as Internet.org and Wikipedia Zero, which will be covered later in the section on zero-rating.

While we have general rules such as sections 3 and 4 of the Competition Act, we do not currently have specific rules prohibiting these or other anti-competitive practices, and we need Net Neutrality regulation that clearly prohibit such anti-competitive practices so that the telecom regulator can take action for non-compliance . We cannot leave these specific policy prescriptions unstated, even if they are provided for in section 3 of the Competition Act. These concerns are especial concerns in the telecom sector, and the telecom regulator or arbitrator should have the power to directly deal with these, instead of each case going to the Competition Commission of India. This should not affect the jurisdiction of the CCI to investigate and adjudicate such matters, but should ensure that TRAI both has suo motu powers, and that the mechanism to complain is made simple (unlike the current scenario, where some individual complainants may fall in the cracks between TRAI and TDSAT).

3.3.3 Zero-rating

Since a large part of the net neutrality debate in India involves zero-rating practices, we deal with that in some length. Zero-rating is the practice of not counting (aka "zero-rating") certain traffic towards a subscriber's regular Internet usage. The zero-rated traffic could be zero-priced or fixed-price; capped or uncapped; subscriber-paid, Internet service-paid, paid for by both, or unpaid; content- or source/destination-based, or agnostic to content or source/destination; automatically provided by the ISP or chosen by the customer . The motivations for zero-rating may also be varied, as we shall see below. Further, depending on the circumstances, zero-rating could be competitive or anti-competitive. All forms of zero-rating result in some form of discrimination, but not all zero-rating is harmful, nor does all zero-rating need to be prohibited.

While, as explained in the section on interconnection and carriage above, negative discrimination at the network level should be prohibited, that leaves open the question of positive discrimination. It follows from section 3.1 that the right frame of analysis of this question is harm to competition, since the main harm zero-rating is, as we shall see below, about discriminating between different content providers, and not discrimination at the level of protocols, etc.

Whether one should allow for any form of positive discrimination at the network level or not depends on whether positive discrimination of (X) has an automatic and unfair negative impact on all (~X). That, in turn, depends on whether (~X) is being subject to unfair competition. As Wikipedia notes, "unfair competition means that the gains of some participants are conditional on the losses of others, when the gains are made in ways which are illegitimate or unjust." Thus, positive discrimination that has a negative impact on effective competition shall not be permitted, since in such cases it is equivalent to negative discrimination ("zero-sum game") . Positive discrimination that does not have a negative impact on effective competition may be permitted, especially since it results in increased access and increases consumer benefit, as long as the harm to openness and diversity is minimized .

While considering this, one should keep in mind the fact that startups were, 10-15 years ago, at a huge disadvantage with regard to wholesale data purchase. The marketplaces for data centres and for content delivery networks (which speed up delivery of content by being located closer, in network terms, to multiple last-mile ISPs) were nowhere near as mature as they are today, and the prices were high. There was a much higher barrier to startup entry than there is today, due to the prices and due to larger companies being able to rely on economies of scale to get cheaper rates. Was that unfair? No. There is no evidence of anti-competitive practices, nor of startups complaining about such practices. Therefore, that was fair competition, despite specific input costs that were arguably needed (though not essential) for startups to compete being priced far beyond their capacity to pay.

Today the marketplace is very different, with a variety of offerings. CDNs such as Cloudflare, which were once the preserve of rich companies, even have free offerings, thus substantially lowering barriers for startups that want faster access to customers across the globe.

Is a CDN an essential cost for a startup? No. But in an environment where speed matters and customers use or don't use a service depending on speed; and where the startup's larger competitors are all using CDNs, a startup more or less has to. Thankfully, given the cheap access to CDNs these days, that cost is not too high for a startup to bear. If the CDN market was not competitive enough, would a hypothetical global regulator have been justified in outright banning the use of CDNs to 'level' the playing field? No, because the hypothetical global regulator instead had the option to (and would have been justified in) regulating the market to ensure greater competition.

A regulator should not prohibit an act that does not negatively impact access, competition, consumer benefit, nor openness (including diversity), since that would be over-regulation and would harm innovation.

3.3.3.1 Motivations for Zero-Rating

3.3.3.1.1 Corporate Social Responsibility / Incentivizing Customers to Move Up Value Chain

There exist multiple instances where there is no commercial transaction between the OTT involved and the telecom carrier, in which zero-priced zero-rating of specific Internet content happens. We know that there is no commercial transaction either through written policy (Wikipedia Zero) or through public statements (Internet.org, a bouquet of sites). In such cases, the telecom provider would either be providing such services out of a sense of public interest, given the social value of those services, or would be providing such services out of self-interest, to showcase the value of particular Internet set the same time.

The apprehended risk is that of such a scheme creating a "walled garden", where users would be exposed only to those services which are free since the search and discovery costs of non-free Internet (i.e., any site outside the "walled garden") would be rather high. This risk, while real, is rather slim given the fact that the economic incentives for those customers who have the ability to pay for "Internet packs" but currently do not find a compelling reason to do so, or out of both a sense of public interest and self-interest of the telecom providers works against this.

In such non-commercial zero-priced zero-rating, a telecom provider would only make money if and only if subscribers start paying for sites outside of the walled garden. If subscribers are happy in the walled garden, the telecom provider starts losing money, and hence has a strong motivation to stop that scheme. If on the other hand, enough subscribers start becoming paying customers to offset the cost of providing the zero-priced zero-rated service(s) and make it profitable, that shows that despite the availability of zero-priced options a number of customers will opt for paid access to the open Internet and the open Web, and the overall harms of such zero-priced zero-rating would be minimal. Hence, the telecom providers have an incentive to keep the costs of Internet data packs low, thus encouraging customers who otherwise wouldn't pay for the Internet to become paying customers.

There is the potential of consumer harm when users seek to access a site outside of the walled garden, and find to their dismay that they have been charged for the Internet at a hefty rate, and their prepaid balance has greatly decreased. This is an issue that TRAI is currently appraised of, and a suitable solution would need to be found to protect consumers against such harm.

All in all, given that the commercial interests of the telecom providers align with the healthy practice of non-discrimination, this form of limited positive discrimination is not harmful in the long run, particularly because it is not indefinitely sustainable for a large number of sites. Hence, it may not be useful to ban this form of zero-priced zero-rating of services as long as they aren't exclusive, or otherwise anti-competitive (a vertical price-squeeze, for instance), and the harm to consumers is prohibited and the harm to openness/diversity is minimized.

3.3.3.1.2 Passing on ISP Savings / Incentivizing Customers to Lower ISP's Cost

Suppose, for instance, an OTT uses a CDN located, in network distance terms, near an eyeball ISP. In this case, the ISP has to probably pay less than it would have to had the same data been located in a data centre located further away, given that it would have fewer interconnection-related charges.

Hence the monetary costs of providing access to different Web destinations are not equal for the ISP. This cost can be varied either by the OTT (by it locating the data closer to the ISP - through a CDN, by co-locating where the ISP is also present, or by connecting to an Internet Exchange Point which the ISP is also connected to - or by it directly "peering" with the ISP) or by the ISP (by engaging in "transparent proxying" in which case the ISP creates caches at the ISP level of specific content (usually by caching non-encrypted data the ISP's customers request) and serves the cached content when a user requests a site, rather than serving the actual site). None of the practices so far mentioned are discriminatory from the customer's perspective with regard either to price or to prioritization, though all of them enable faster speeds to specific content. Hence none of the above-mentioned practices are considered even by the most ardent Net Neutrality advocates to be violations of that principle. ^{^[21]} However, if an ISP zero-rates the content to either pass on its savings to the customer^{^[22]} or to incentivize the customer to access services that cost the ISP less in terms of interconnection costs, that creates a form of price discrimination for the customer, despite it benefiting the consumer.

The essential economic problem is that the cost to the ISP is variable, but the cost to the customer is fixed. Importantly, this problem is exacerbated in India where web hosting prices are high, transit prices are high, peering levels are low, and Internet Exchange Points (IXPs) are not functioning well. ^{^[23]} These conditions create network inefficiencies in terms of hosting of content further away from Indian networks in terms of network distance, and thus harms consumers as well as local ISPs. In order to set this right, zero-rating of this sort may be permitted as it acts as an incentive towards fixing the market fundamentals. However, once the market fundamentals are fixed, such zero-rating may be prohibited.

This example shows that the desirability or otherwise of discriminatory practices depends fully on the conditions present in the market, including in terms of interconnection costs.

3.3.3.1.3 Unbundling Internet into Services ("Special Packs")

Since at least early 2014, mobile operators have been marketing special zero-rating "packs". These packs, if purchased by the customer, allow capped or in some instances uncapped, zero-rating of a service such as WhatsApp or Facebook, meaning traffic to/from that service will not be counted against their regular Internet usage.

For a rational customer, purchasing such a pack only makes sense in one of two circumstances:

● The person has Internet connectivity on her Internet-capable phone, but has not purchased an "Internet data pack" since she doesn't find the Internet valuable. Instead, she has heard about "WhatsApp", has friends who are on it, and wishes to use that to reduce her SMS costs (and thereby eat into the carriage provider's ability to charge separately for SMSes). She chooses to buy a WhatsApp pack for around ₹25 a month instead of paying ₹95 for an all-inclusive Internet data pack.

● The person has Internet connectivity on her Internet-capable phone, and has purchased an "Internet data pack". However, that data pack is capped and she has to decide between using WhatsApp and surfing web sites. She is on multiple WhatsApp groups and her WhatsApp traffic eats up 65% of her data cap. She thus has to choose between the two, since she doesn't want to buy two Internet data packs (each costing around ₹95 for a month). She chooses to buy a WhatsApp pack for ₹25 a month, paying a cumulative total of ₹120 instead of ₹190 which she would have had to had she bought two Internet data packs. In this situation, "unbundling" is happening, and this benefits the consumer. Such unbundling harms the openness and integrity of the Internet.

If users did not find value in the "special" data packs, and there is no market demand for such products, they will cease to be offered. Thus, assuming a telco's decision to offer such packs is purely customer-demand driven - and not due to deals it has struck with service providers - if Orkut is popular, telcos would be interested in offering Orkut packs and if Facebook is popular, they would be interested in offering a Facebook pack. Thus, clearly, there is nothing anti-competitive about such customer-paid zero-rating packs, whereas they clearly enhance consumer benefit. Would this increase the popularity of Orkut or Facebook? Potentially yes. But to prohibit this would be like prohibiting a supermarket from selectively (and non-collusively) offering discounts on popular products. Would that make already popular products even more popular? Potentially, yes. But that would not be seen as a harm to competition but would be seen as fair competition. This contravenes the "openness" of the Internet (i.e., the integral interconnected diversity that an open network like the Internet embodies) as an independent regulatory goal. The Internet, being a single gateway to a mind-boggling variety of services, allows for a diverse "long tail", which would lose out if the Internet was seen solely as a gateway to popular apps, sites, and content. However, given that this is a choice exercised freely by the consumer, such packs should not be prohibited, as that would be a case of over-regulation.

The one exception to the above analysis of competition, needless to say, is if that these special packs aren't purely customer-demand driven and are the product of special deals between an OTT and the telco. In that case, we need to ensure it isn't anti-competitive by following the prescriptions of the next section.

3.3.3.1.4 Earning Additional Revenues from Content Providers

With offerings like Airtel Zero, we have a situation where OTT companies are offering to pay for wholesale data access used by their customers, and make accessing their specific site or app free for the customer. From the customer's perspective, this is similar to a toll-free number or a pre-paid envelope or free-to-air TV channel being offered on a particular network.

However, from the network perspective, these are very different. Even if a customer-company pays Airtel for the toll-free number, that number is accessible and toll-free across all networks since the call terminates on Airtel networks and Airtel pays the connecting network back the termination charge from the fee they are paid by the customer-company. This cannot happen in case of the Internet, since the "call" terminates outside of the reach of the ISP being paid for zero-rating by the OTT company; hence unless specific measures are taken, zero-rating has to be network-specific.

The comparison to free-to-air channels is also instructive, since in 2010 TRAI made recommendations that consumers should have the choice of accessing free-to-air channels à-la-carte, without being tied up to a bouquet.^{^[24]} This would, in essence, allow a subscriber to purchase a set-top box, and without paying a regular subscription fee watch free-to-air channels. ^{^[25]} However, similar to toll-free numbers, these free-to-air channels are free-to-air on all MSO's set-top boxes, unlike the proposed Airtel Zero scheme under which access to a site like Flipkart would be free for customers on Airtel's network alone.

Hence, these comparisons, while useful in helping think through the regulatory and competition issues, should not be used as instructive exact analogies, since they aren't fully comparable situations.

3.3.3.1.5 Market Options for OTT-Paid Zero-Rating

As noted above, a competitive marketplace already exists for wholesale data purchase at the level of "content ISPs" (including CDNs), which sell wholesale data to content providers (OTTs). This market is at present completely unregulated. The deals that exist are treated as commercial secrets. It is almost certain that large OTTs get better rates than small startups due to economies of scale.

However, at the eyeball ISP level, it is a single-sided market with ISPs competing to gain customers in the form of end-users. With a scheme like "Airtel Zero", this would get converted into a double-sided market, with a gatekeeper without whom neither side can reach the other being in the middle creating a two-sided toll. This situation is ripe for market abuse: this situation allows the gatekeeper to hinder access to those OTTs that don't pay the requisite toll or to provide preferential access to those who pay, apart from providing an ISP the opportunity to "double-dip".

One way to fix this is to prevent ISPs from establishing a double-sided market. The other way would be to create a highly-regulated market where the gatekeeping powers of the ISP are diminished, and the ISP's ability to leverage its exclusive access over its customers are curtailed. A comparison may be drawn here to the rules that are often set by standard-setting bodies where patents are involved: given that these patents are essential inputs, access to them must be allowed through fair, reasonable, and non-discriminatory licences. Access to the Internet and common carriers like telecom networks, being even more important (since alternatives exist to particular standards, but not to the Internet itself), must be placed at an even higher pedestal and thus even stricter regulation to ensure fair competition.

A marketplace of this sort would impose some regulatory burdens on TRAI and place burdens on innovations by the ISPs, but a regulated marketplace harms ISP innovation less than not allowing a market at all.

At a minimum, such a marketplace must ensure non-exclusivity, non-discrimination, and transparency. Thus, at a minimum, a telecom provider cannot discriminate between any OTTs who want similar access to zero-rating. Further, a telecom provider cannot prevent any OTT from zero-rating with any other telecom provider. To ensure that telecom providers are actually following this stipulation, transparency is needed, as a minimum.

Transparency can take one of two forms: transparency to the regulator alone and transparency to the public. Transparency to the regulator alone would enable OTTs and ISPs to keep the terms of their commercial transactions secret from their competitors, but enable the regulator, upon request, to ensure that this doesn't lead to anti-competitive practices. This model would increase the burden on the regulator, but would be more palatable to OTTs and ISPs, and more comparable to the wholesale data market where the terms of such agreements are strictly-guarded commercial secrets. On the other hand, requiring transparency to the public would reduce the burden on the regulator, despite coming at a cost of secrecy of commercial terms, and is far more preferable.

Beyond transparency, a regulation could take the form of insisting on standard rates and terms for all OTT players, with differential usage tiers if need be, to ensure that access is truly non-discriminatory. This is how the market is structured on the retail side.

Since there are transaction costs in individually approaching each telecom provider for such zero-rating, the market would greatly benefit from a single marketplace where OTTs can come and enter into agreements with multiple telecom providers.

Even in this model, telecom networks will be charging based not only on the fact of the number of customers they have, but on the basis of them having exclusive routing to those customers. Further, even under the standard-rates based single-market model, a particular zero-rated site may be accessible for free from one network, but not across all networks: unlike the situation with a toll-free number in which no such distinction exists.

To resolve this, the regulator may propose that if an OTT wishes to engage in paid zero-rating, it will need to do so across all networks, since if it doesn't there is risk of providing an unfair advantage to one network over another and increasing the gatekeeper effect rather than decreasing it.

However, all forms of competitive Internet service-paid zero-priced zero-rating, even when they don't harm competition, innovation amongst content providers, or consumers, will necessarily harm openness and diversity of the Internet. For instance, while richer companies with a strong presence in India may pay to zero-rate traffic for their Indian customers, decentralized technologies such as XMPP and WebRTC, having no central company behind them, would not, leading to customers preferring proprietary networks and solutions to such open technologies, which in turn, thanks to the network effect, leads to a vicious cycle. These harms to openness and diversity have to be weighed against the benefit in terms of increase in access when deciding whether to allow for competitive OTT-paid zero-priced zero-rating, as such competition doesn't exist in a truly level playing field . Further, it must be kept in mind that there are forms of zero-priced zero-rating that decrease the harm to openness / diversity, or completely remove that harm altogether: that there are other options available must be acknowledged by the regulator when considering the benefit to access from competitive OTT-paid zero-priced zero-rating.

3.3.3.1.6 Other options for zero-rating

There are other models of zero-priced zero-rating that either minimize the harm is that of ensuring free Internet access for every person. This can take the form of:^{^[26]}

● A mandatorily "leaky" 'walled garden':

○ The first-degree of all hyperlinks from the zero-rated OTT service are also free.

○ The zero-rated OTT service provider has to mandatorily provide free access to the whole of the World Wide Web to all its customers during specified hours.

○ The zero-rated OTT service provider has to mandatorily provide free access to the whole of the World Wide Web to all its customers based on amount on usage of the OTT service.^{^[27]}

● Zero-rating of all Web traffic

○ In exchange for viewing of advertisements

○ In exchange for using a particular Web browser

○ At low speeds on 3G, or on 2G.

3.3.3.2. What kinds of zero-rating are good

The majority of the forms of zero-rating covered in this section are content or source/destination-based zero-rating. Only some of the options covered in the "other options for zero-rating" section cover content-agnostic zero-rating models. Content-agnostic zero-rating models are not harmful, while content-based zero-rating models always harm, though to varying degrees, the openness of the Internet / diversity of OTTs, and to varying degrees increase access to Internet-based services. Accordingly, here is an hierarchy of desirability of zero-priced zero-rating, from most desirable to most harmful:

1. Content- & source/destination-agnostic zero-priced zero-rating.^{^[28]}

2. Content- & source/destination-based non-zero-priced zero-rating, without any commercial deals, chosen freely & paid for by users. ^{^[29]}

3. Content- & source/destination-based zero-priced zero-rating, without any commercial deals, with full transparency. ^{^[30]}

4. Content- & source/destination-based zero-priced zero-rating, on the basis of commercial deal with partial zero-priced access to all content, with non-discriminatory access to the same deal by all with full transparency.^{^[31]}

5. Content- & source/destination-based zero-priced zero-rating, on the basis of a non-commercial deal, without any benefits monetary or otherwise, flowing directly or indirectly from the provider of the zero-rated content to the ISP, with full transparency. ^{^[32]}

6. Content- & source-destination-based zero-priced zero-rating, across all telecom networks, with standard pricing, non-discriminatory access, and full transparency.

7. Content- & source-destination-based zero-priced zero-rating, with standard pricing, non-discriminatory access, and full transparency.

8. Content- & source-destination-based zero-priced zero-rating, with non-discriminatory access, and full transparency.

9. Content- & source-destination-based zero-priced zero-rating, with non-discriminatory access, and transparency to the regulator.

10. Content- & source-destination-based zero-priced zero-rating, without any regulatory framework in place.

3.3.4 Cartels and Oligopoly

While cartels and oligopolies may have an impact on Net Neutrality, they are not problems that any set of anti-discrimination rules imposed on gatekeepers can fix. Further, cartels and oligopolies don't directly enhance the ability of gatekeepers to unjustly discriminate if there are firm rules against negative discrimination and price ceilings and floors on data caps are present for data plans. Given this, TRAI should recommend that this issue be investigated and the Competition Commission of India should take this issue up.

3.4 Reasonable Network Management Principles

Reasonable network management has to be allowed to enable the ISPs to manage performance and costs on their network. However, ISPs may not indulge in acts that are harmful to consumers in the name of reasonable network management. Below are a set of guidelines for when discrimination against classes of traffic in the name of network management are justified.

● Discrimination between classes of traffic for the sake of network management should only be permissible if:

○ there is an intelligible differentia between the classes which are to be treated differently, and

○ there is a rational nexus between the differential treatment and the aim of such differentiation, and

○ the aim sought to be furthered is legitimate, and is related to the security, stability, or efficient functioning of the network, or is a technical limitation outside the control of the ISP^{^[33]}, and

○ the network management practice is the least harmful manner in which to achieve the aim.

● Provision of specialized services (i.e., "fast lanes") is permitted if and only if it is shown that

○ The service is available to the user only upon request, and not without their active choice, and

○ The service cannot be reasonably provided with "best efforts" delivery guarantee that is available over the Internet, and hence requires discriminatory treatment, or

○ The discriminatory treatment does not unduly harm the provision of the rest of the Internet to other customers.

These principles are only applicable at the level of ISPs, and not on access gateways for institutions that may in some cases be run by ISPs (such as a university network, free municipal WiFi, at a work place, etc.), which are not to be regulated as common carriers.

These principles may be applied on a case-by-case basis by a regulator, either suo motu or upon complaint by customers.

^{^[1]} Report of the Special Rapporteur on the Promotion and Protection of the right to freedom of opinion and expression, (19 May 2011), http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf.

^{^[2]} Available at http://www.trai.gov.in/WriteReadData/userfiles/file/NTP%202012.pdf.

^{^[3]} IAMAI, India to Cross 300 million internet users by Dec 14, (19 November, 2014), http://www.iamai.in/PRelease_detail.aspx?nid=3498&NMonth=11&NYear=2014.

^{^[4]} World Economic Forum, The Global Information Technology Report 2015, http://www3.weforum.org/docs/WEF_Global_IT_Report_2015.pdf.

^{^[5]} http://www.ictregulationtoolkit.org/4.1#s4.1.1

^{^[6]} See R.U.S. Prasad, The Impact of Policy and Regulatory Decisions on Telecom Growth in India (July 2008), http://web.stanford.edu/group/siepr/cgi-bin/siepr/?q=system/files/shared/pubs/papers/pdf/SCID361.pdf.

^{^[7]} 1973 AIR 106

^{^[8]} 1962 AIR 305

^{^[9]} "When ISPs go beyond their traditional use of IP headers to route packets, privacy risks begin to emerge." Alissa Cooper, How deep must DPI be to incur privacy risk? http://www.alissacooper.com/2010/01/25/how-deep-must-dpi-be-to-incur-privacy-risk/

^{^[10]} Richard T.B. Ma & Vishal Misra, The Public Option: A Non-Regulatory Alternative to Network Neutrality, http://dna-pubs.cs.columbia.edu/citation/paperfile/200/netneutrality.pdf

^{^[11]} Mobile number portability was launched in India on January 20, 2011 in the Haryana circle. See http://indiatoday.intoday.in/story/pm-launches-nationwide-mobile-number-portability/1/127176.html . Accessed on April 24, 2015.

^{^[12]} For a comprehensive list of all TRAI interconnection regulations & subsequent amendments, see http://www.trai.gov.in/Content/Regulation/0_1_REGULATIONS.aspx.

^{^[13]} See Telecommunication Interconnection Usage Charges (Eleventh Amendment) Regulations, 2015 (1 of 2015), available at http://www.trai.gov.in/Content/Regulation/0_1_REGULATIONS.aspx.

^{^[14]} Article 30 of the Universal Service Directive, Directive 2002/22/EC.

^{^[15]} See Telecommunication Mobile Number Portability (Sixth Amendment) Regulations, 2015 (3 of 2015), available at http://www.trai.gov.in/Content/Regulation/0_1_REGULATIONS.aspx.

^{^[16]} The Telecommunication (Broadcasting and Cable) Services (Seventh) (The Direct to Home Services) Tariff Order, 2015 (2 of 2015).

^{^[17]} Section 8, Cable Television Networks Act, 1995.

^{^[18]} TRAI writes new rules for Cable TV, Channels, Consumers, REAL TIME NEWS, (August 11, 2014), http://rtn.asia/rtn/233/1220_trai-writes-new-rules-cable-tv-channels-consumers.

^{^[19]} An initial requirement for all multi system operators to have a minimum capacity of 500 channels was revoked by the TDSAT in 2012. For more details, see http://www.televisionpost.com/cable/msos-not-required-to-have-500-channel-headends-tdsat/.

^{^[20]} Aparna Ghosh, Bharti SoftBank Invests $14 million in Hike, LIVE MINT, (April 2, 2014), http://www.livemint.com/Companies/nI38YwQL2eBgE6j93lRChM/Bharti-SoftBank-invests-14-million-in-mobile-messaging-app.html.

^{^[21]} Mike Masnick, Can We Kill This Ridiculous Shill-Spread Myth That CDNs Violate Net Neutrality? They Don't, https://www.techdirt.com/articles/20140812/04314528184/can-we-kill-this-ridiculous-shill-spread-myth-that-cdns-violate-net-neutrality-they-dont.shtml.

^{^[22]} Mathew Carley, What is Hayai's stance on "Net Neutrality"?, https://www.hayai.in/faq/hayais-stance-net-neutrality?c=mgc20150419

^{^[23]} Helani Galpaya & Shazna Zuhyle, South Asian Broadband Service Quality: Diagnosing the Bottlenecks, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1979928

^{^[24]} DTH players told to offer pay channels on la carte basis, HINDU BUSINESS LINE (July 22, 2010), http://www.thehindubusinessline.com/todays-paper/dth-players-told-to-offer-pay-channels-on-la-carte-basis/article999298.ece.

^{^[25]} The Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order, 2010.

^{^[26]} These suggestions were provided by Helani Galpaya and Sunil Abraham, based in some cases on existing practices.

^{^[27]} This is what is being followed by the Jana Loyalty Program: http://www.betaboston.com/news/2015/05/06/with-a-new-loyalty-program-mobile-app-marketplace-jana-pushes-deeper-into-the-developing-world/

^{^[28]} Example: free Internet access at low speeds, with data caps.

^{^[29]} Example: special "packs" for specific services like WhatsApp.

^{^[30]} Example: zero-rating of all locally-peered settlement-free traffic.

^{^[31]} Example: "leaky" walled gardens, such as the Jana Loyalty Program that provide limited access to all of the Web alongside access to the zero-rated content.

^{^[32]} Example: Wikipedia Zero.

^{^[33]} A CGNAT would be an instance of such a technology that poses network limitations.

For more details visit https://cis-india.org/internet-governance/blog/regulatory-perspectives-on-net-neutrality

Funding of National Optic Fibre Network (NOFN) - Who's Accountable?

Aditya Garg — 2015-07-17T15:19:51Z

The National Optic Fibre Network, a part of the Government's Digital India Initiative, has been in the news since the recent Expert Committee Report. In this Blog, the author examines the Accountability of the funding of the project.

The National Optic Fibre Network (NOFN) is a project launched by the Government under their 'Digital India' initiative. Implementation of the project is being undertaken by Bharat Broadband Nigam Limited (BBNL), a Special Purpose Vehicle (SPV) created for the project. ^{^[1]} The project, launched in 2011, has seen multiple delays. The recent Expert Committee report on the project has now set an end-date for December 2016. It has also proposed an increase in the funding from 20,000 crore to 72,000 crore approximately. This is greater than a threefold increase.^{^[2]} The Universal Service Obligation Fund (USOF) provides all the funding for the implementation of the project under an agreement between them and BBNL. ^{^[3]} The close relationship between the two entities through their parent entity, however, can lead to a lax oversight of the entire process.

Universal Service Obligation Fund

USOF, established in 2002, provides effective subsidies to ensure telegraph services are provided to everyone across India, especially in the rural and remote areas. It is headed by the USOF Administrator who reports to the Secretary, Department of Telecommunications (DoT). ^{^[4]} Funds come from the Universal Service Levy (USL) of 5% charged from all the telecom operators on their Adjusted Gross Revenue (AGR) which are then deposited into the Consolidated Fund of India, and require prior parliamentary approval to be dispatched.^{^[5]} The USOF works through a bidding process, where funds are given to the enterprise quoting the lowest bid. However, the funds for NOFN were made an exception to this process since BBNL was the sole party involved in the implementation having being specifically created for it.^{^[6]}

Agreement to Transfer Funds between USOF and BBNL

The agreement^{^[7]} between USOF and BBNL provided for USOF to cover all the expenses of BBNL undertaken while working on NOFN project. It empowered USOF, amongst other things, to:

Revoke the Agreement in Public Interest within 5 years from signing; and to re-new the agreement or not to re-new it

Enforce Operating and Technical Condition upon BBNL while implementing the NOFN project

Have the Right to Inspect, Test and Monitor the enforcement of such Conditions so imposed

Conflict of Interest between both parties

The Administrator of USOF functions as an attached office to the Ministry of Dot, and is required to report to them,^{^[8]} while BBNL is an SPV established under the DoT^{^[9]} and has an Memorandum of Understanding ^{^[10]} with them. Since the parent entity of both the parties is the same, there is a definite conflict of interest. An analysis of USOF's largest and most ambitious program for mobile provisioning in rural areas showed slow progress due to^{^[11]}:

Lack of Accountability arising from the relationship between the Government owned incumbent and the USOF Administrator

No proper evaluation of USOF

Non-ring fencing of the fund

Poor quality project management

Lack of Review Mechanism with effective power

Similarly in NOFN, if no effective review mechanism is evolved to check the progress of the timeline and implementation of the projects, it may prove ineffective.^{^[12]} 3rd party review mechanisms have been suggested as an alternative to USOF mechanisms to ensure neutrality and efficiency^{^[13]} since the the agreement gives USOF the Right to 'Inspect, Test and Monitor', but there is no effective Review Mechanism available with the USOF to actually undertake the task. The ones available would also be working under the DoT and hence operate under a conflict of interest which may be misused to disburse funds even though they are not being used efficiently or in a timely fashion.

Other Funding Options - Private Actors and State Govts.

The Expert Committee also looked into two other funding options. Bringing Private Actors on Board in implementation of Phase II of the Project was the first.^{^[14]} This has been criticized as being unfair to Public Enterprises since they have been allotted the 'hard' areas while the Private Actors will get the 'soft' ones. ^{^[15]} The abysmal record of Private Actors in Rural Areas has also been mentioned as a factor against them.^{^[16]}

The second suggestion is to bring in State Governments. Andhra Pradesh has already decided to opt for its own SPV to implement NOFN while Kerala and Tamil Nadu are considering it.^{^[17]} The problems with having multiple implementing bodies are:

Transferring Funds to multiple bodies

Having to track their work separately

Lack of accountability for work done by them individually

Since a criticism of the current implementation mechanism has been based on the fact that 3 PSUs (BSNL, RailTel and PowerGrid) have been involved, having multiple SPVs would only add to the woes.^{^[18]}

The project, having been delayed multiple times, is now set for a December-2017 end. The funding for it has also been tripled. Hence, when we see that the funds are being given away so easily to BBNL and without any effective procedure to maintain the efficacy of the work done, it raises questions on the accountability of the Government regarding the fund which has been collected through revenue from all telecom operators (via USL). Therefore, a more open mechanism has to be ensured to reduce chances of bias towards BBNL by USOF, both having the same parent entity leading to conflict of interest between the two. This should be the focus right now, rather than introducing new funding options.

^{^[1]} 'Objectives, About BBNL' http://www.bbnl.nic.in/content/page/objectives.php accessed 2 July 2015.

^{^[2]} Yuthika Bhargava, 'National Opic Fibre Network - Revamp on Cards' (The Hindu, 30 May 2015) http://www.thehindu.com/business/Industry/national-optical-fibre-network-revamp-on-cards/article7261346.ece accessed 2 July 2015.

^{^[3]} 'Agreement For Support from USO Fund For Creation, Operation and Maintenance of the National Optical Fibre Network (NOFN) for Provision of Broadband Connectivity to the Panchayats to be executed by Bharat Broadband Network Limited (BBNL) Under Universal Services Obligation Fund, The Indian Telegraph (Amendment) Rules, 2012' http://www.usof.gov.in/usof-cms/GagendaPdf/NOFN_Agreement.pdf accessed 2 July 2015.

^{^[4]} 'About USOF' http://www.usof.gov.in/usof-cms/usof_home_contd.htm accessed 2 July 2015.

^{^[5]} 'USOF Brochure' http://www.usof.gov.in/usof-cms/USOF-Brochure.pdf accessed 2 July 2015.

^{^[6]} 'Indian Telegraph (Amendment of 2012) Rules, 1951' http://usof.gov.in/usof-cms/ActsRules/Indian%20Telegraph%20Rules%202012.PDF accessed 3 July 2015.

^{^[7]} 'Agreement For Support from USO Fund For Creation, Operation and Maintenance of the National Optical Fibre Network (NOFN) for Provision of Broadband Connectivity to the Panchayats to be executed by Bharat Broadband Network Limited (BBNL) Under Universal Services Obligation Fund, The Indian Telegraph (Amendment) Rules, 2012' http://www.usof.gov.in/usof-cms/GagendaPdf/NOFN_Agreement.pdf accessed 5 July 2015.

^{^[8]} 'Constitution, Powers and Functions of the Office of Universal Service Fund Administrator' http://www.usof.gov.in/usof-cms/usofsub/Constitution,%20Powers%20and%20Functions%20of%20the%20Office%20of%20Universal%20Service%20Fund%20Administrator.pdf accessed 6 July 2015.

^{^[9]} 'Company Profile' http://www.bbnl.nic.in/content/page/company-profile.php accessed 5 July 2015.

^{^[10]} 'Memorandum of Understanding 2015-16 with Department of Telecommunication' http://www.bbnl.nic.in/upload/uploadfiles/files/BBNL_Signed_Copy%20of%20MoU%202015-16.pdf accessed 6 July 2015.

^{^[11]} Rekha Jain & G. Raghuram, 'Role of Universal Service Obligation Fund in Rural Telecom Services: Lessons from the Indian Experience' http://www.iimahd.ernet.in/assets/snippets/workingpaperpdf/2009-06-03Jain.pdf accessed 2 July 2015.

^{^[12]} Ibid

^{^[13]} Ibid

^{^[14]} Mansi Taneja, 'Govt decides to rope in private players for NOFN project' (Business Standard, 15 January 2015) http://www.business-standard.com/article/economy-policy/govt-decides-to-rope-in-private-players-for-nofn-project-115011401190_1.html accessed 1 July 2015.

^{^[15]} Prabir Purkayastha, 'National Optical Fibre Network Project And the Expert Committee Report' (Peoples Democracy, No. 25, Vol. XXXIX, 28 June 2015).

^{^[16]} Ibid

^{^[17]} Mansi Taneja, 'National Optic fibre network: Govt to rope in state govts' (Business Standard, 29 May 2015) http://www.business-standard.com/article/economy-policy/national-optic-fibre-network-govt-to-rope-in-state-govts-115052900050_1.html accessed 4 July 2015.

^{^[18]} 'Trai: Optical fibre network project caught in red tape' (The Financial Express, 18 April 2015) http://www.financialexpress.com/article/economy/trai-optical-fibre-network-project-caught-in-red-tape/64699/ accessed 2 July 2015.

For more details visit https://cis-india.org/telecom/blog/funding-of-national-optic-fibre-network-who-is-accountable

Digital Rights and ISP Accountability in India: An Analysis of Policies and Practices

Anubha Sinha, Yesha Tshering Paul, and Sherina Poyyail — 2025-01-23T10:04:44Z

This report presents a comprehensive evaluation of India's four largest Internet Service Providers (ISPs)—Reliance Jio, Bharti Airtel, Vodafone-Idea (Vi), and BSNL—examining their commitment to digital rights and transparency.

Read the full report here.

India's four largest Internet Service Providers (ISPs)—Reliance Jio, Bharti Airtel, Vodafone-Idea (Vi), and BSNL collectively serve 98% of India's internet subscribers, with Jio and Airtel commanding a dominant market share of 80.87%. The assessment comes at a critical juncture in India's digital landscape, marked by a 279.34% increase in internet subscribers from 2014 to 2024, alongside issues such as proliferation of internet shutdowns.

Adapting the Ranking Digital Rights' (RDR) 2022 methodology framework for its 2022 Telco Giants Scorecard, our analysis reveals significant disparities in governance structures and commitment to digital rights across these providers. Bharti Airtel emerges as the leader in governance framework implementation, maintaining dedicated human rights policies and board-level oversight. In contrast, Vi and Jio demonstrate mixed results with limited explicit human rights commitments, while BSNL exhibits the weakest governance structure with minimal human rights considerations. Notably, all ISPs lack comprehensive human rights impact assessments for their advertising and algorithmic systems.

The evaluation of freedom of expression commitments reveals systematic inadequacies across all providers. Terms and conditions are frequently fragmented and difficult to access, while providers maintain broad discretionary powers for account suspension or termination without clear appeal processes. There is limited transparency regarding content moderation practices and government takedown requests, coupled with insufficient disclosure about algorithmic decision-making systems that affect user experiences.

Privacy practices among these ISPs show minimal evolution since previous assessments, with persistent concerns about policy accessibility and comprehension. The investigation reveals limited transparency regarding algorithmic processing of personal data, widespread sharing of user data with third parties and government agencies, and inadequate user control over personal information. None of the evaluated ISPs maintain clear data breach notification policies, raising significant concerns about user data protection.

The concentrated market power of Jio and Airtel, combined with weak digital rights commitments across the sector, raises substantial concerns about the state of user privacy and freedom of expression in India's digital landscape. The lack of transparency in website blocking and censorship, inconsistent implementation of blocking orders, limited accountability in handling government requests, insufficient protection of user rights, and inadequate grievance redressal mechanisms emerge as critical areas requiring immediate attention.

As India continues its rapid digital transformation, our findings underscore the urgent need for both regulatory intervention and voluntary industry reforms. The development of standardised transparency reporting, strengthened user rights protections, and robust accountability mechanisms will be crucial in ensuring that India's digital growth aligns with fundamental rights and democratic values.

For more details visit https://cis-india.org/internet-governance/blog/digital-rights-and-isp-accountability-in-india-an-analysis-of-policies-and-practices

Airtel Open Network

Harsh Gupta and Aditya Tejas — 2016-06-17T11:58:31Z

Today, Airtel launched its Open Network platform. The web page displays visualization data on network coverage and signal strength across the country, as well as a detailed breakdown of cell tower placement, including towers that are shutdown or still being planned.

Airtel also reportedly promises that its call centres and physical stores have been upgraded with tools based on the new interface to allow for easy reporting of network coverage issues.[1] Users can report issues or request new cell towers directly through the platform.

This is part of Airtel’s wider ‘Project Leap’, a Rs. 60,000 crore overhaul of the operator’s network, which claims to include a bevy of technological solutions aimed at improving service. Airtel claims that these include smaller cells, indoor solutions, Wi-Fi hotspots and upgraded base stations.

This is a praiseworthy move on Airtel’s part. No other major telecoms company has undertaken a similar initiative. There exist private alternatives such as OpenSignal[2][3] that provide cell coverage map, among others. However, these services make use of crowdsourced data collection from users to create their maps.

While the portal is very convenient, it is worth pointing out that the website itself contains no links to any open data -- merely the visualization of data. At the time of writing, there was no indication of any way to request access to raw data on network coverage. While OpenSignal and other alternatives provide APIs[4] or direct access to their database, we saw no similar services on the Open Network website. Without access to raw data the Open Network initiative isn’t really open, as citizens cannot make use of data in any way other than what is provided in the visualization. Raw network coverage data would be immensely valuable to public and private actors, researchers, and the general public alike.

Furthermore, while the portal indicates the quality of coverage in an area (including separate indicators for voice and data quality) it gives no indications as to how these categories were arrived at, or what a ‘Moderate’ level of data quality means empirically. It is also unclear how often the visualization is refreshed, or how old the data currently on display are.

In addition, the provisions for reporting issues through the platform seem to be lacking, and it is unclear how open Airtel will be with these. Expressing interest in hosting a cell tower takes you to an online form and a promise that ‘we will get in touch with you.’ By contrast, trying to report an issue takes you to a ‘network troubleshooting guide’ with some basic tech support information and a number to call an advisor.

The Open Network website promises that “the more open questions you ask, the more open answers we can give.” But the platform contains no fundamentally new or different mechanisms for reporting issues which take advantage of the crowdsourced ethos that Airtel lays claim to. While this is a very promising first step for the company, we hope that they continue to refine their website and display a meaningful commitment to the principles they have espoused here.Furthermore, while the portal indicates the quality of coverage in an area (including separate indicators for voice and data quality) it gives no indications as to how these categories were arrived at, or what a ‘Moderate’ level of data quality means empirically. It is also unclear how often the visualization is refreshed, or how old the data currently on display are. In addition, the provisions for reporting issues through the platform seem to be lacking, and it is unclear how open Airtel will be with these.

Expressing interest in hosting a cell tower takes you to an online form and a promise that ‘we will get in touch with you.’ By contrast, trying to report an issue takes you to a ‘network troubleshooting guide’ with some basic tech support information and a number to call an advisor.

http://gadgets.ndtv.com/telecom/news/airtels-open-network-launched-on-app-to-show-coverage-quality-across-india-849280

opensignal.com

https://radiocells.org/

http://developer.opensignal.com/networkrank/

For more details visit https://cis-india.org/telecom/blog/airtel-open-network