The Centre for Internet and Society
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Unfettering Stranded Capacity
https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-june-4-2015-unfettering-stranded-capacity
<b>Government can't control market forces, but can and must fix regulatory issues. First, the good news: the government does appear to be making serious efforts to tackle stranded capacity and stalled projects, as in the instances below. Such issues need to be resolved because of their effect on future investment and employment. Now, the bad news: one part is that some problems need solutions which are fraught with political risk.</b>
<p style="text-align: justify; ">The article was published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-unfettering-stranded-capacity-115060301557_1.html">Business Standard</a> on June 3, 2015 mirrored in <a class="external-link" href="http://organizing-india.blogspot.in/2015_06_01_archive.html">Organizing India Blogspot</a> on June 4, 2015.</p>
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<p style="text-align: justify; ">We want reforms, but don't want to pay for them. For instance, coal-based power needs additional investment to lower emissions. While beneficial, it will not be popular. Worse, sometimes even the path to resolution may not be clear, yet new ways have to be found, because business-as-usual along the paths taken is unsustainable going forward. This becomes evident in considering issues such as electricity distribution, where states have key responsibility and authority for some of what needs to be done. Concerning spectrum and coal allocation, there's widespread mistrust about operators getting something for nothing, sort of an East-India-Company syndrome, despite user benefits from lower rates and better services if there is appropriate regulation. We'll have to get over this mindset to stop doing ourselves in. This holds regardless of which party rules and at what level - the Centre, state or local government - or what their philosophy might be: rightist, leftist, something in between, or simply pragmatist.</p>
<p style="text-align: justify; ">The most prominent category of stranded capacity is where capital has been invested, but the capacity is unusable for some reason. Examples abound in infrastructure, in manufacturing, and in residential and commercial development, as detailed in the Economic Survey. But there are other categories of stranded capacity which are more difficult to address, because they are in the nature of opportunity costs rather than invested capital. They deserve equal attention because an opportunity loss, or benefit foregone from paths not taken, can result in as much detriment as from a stalled investment. But before we get into examples of opportunity costs, consider the more straightforward case of investments in power generation that are infructuous.</p>
<h3 style="text-align: justify; ">Stranded Power Generation</h3>
<p style="text-align: justify; ">An estimated Rs 60,000 crore is unproductive in stranded power generation projects which stopped operating because fuel was unavailable. About a quarter of this relates to 31 gas-based plants of over 14,300 MW, nearly 60 per cent of the total gas-based capacity of 24,150 MW. Another 23 per cent or 5,500 MW is operating at below the 30 per cent plant load factor required to just cover costs. The government has devised a scheme using the Power System Development Fund to import liquefied natural gas to run some of these projects at 30 per cent capacity. Operators must compete through reverse-bids with a fixed tariff of Rs 5.50 per unit. The lowest bidders win PSDF support, which will be paid to distributors. There is a ceiling of Rs 3,500 crore to gas-based projects, and plants aggregating 8,000 MW had submitted bids by early May.[<a class="external-link" href="http://powermin.nic.in/upload/loksabhatable/pdf/LS23042015_Eng.pdf">1</a>]</p>
<p style="text-align: justify; ">Regarding electricity distribution, press reports suggest that states buy only 20-30 per cent of their requirement at the prevailing low spot rates in the last three months,ranging from Rs 2.56 to Rs 2.82 per unit. This is because of the distributors' committed power purchase agreements as well as their weaker finances. In some cases as in Delhi, some old plants incur highoperating costs, and power from clean, gas-based plants costs more.[<a class="external-link" href="http://tatapower-ddl.com/UploadedDocuments/Tariff%20and%20Financial%20issues%20impacting%20Delhi%20Discom%E2%80%99s%20and%20Delhi%20consumers.pdf">2</a>]</p>
<p style="text-align: justify; ">Another serious problem is that of "regulatory assets" in Delhi. This euphemism covers under-recoveries because tariffs were set too low for years in response to popular demand. There was a crisis last year when NTPC refused to supply power until the distributors paid their dues, while the state owed the distributors Rs 20,000 crore. The problem is ongoing; meanwhile, the regulator has increased tariffs, but not enough to recover past losses. While a number of states have begun transmission and distribution reforms,[<a class="external-link" href="http://www.business-standard.com/article/economy-policy/power-reforms-gain-ground-in-states-115052701561_1.html">3</a>] it's already evident with rising generation that unless financial and distribution capacity are built on sound principles, electricity supply cannot stabilise for users. We must grasp the nettle of a disciplined, responsible approach.</p>
<p style="text-align: justify; ">On a broader front, the government has been coordinating meetings between government officials, banks, and the RBI, seeking to resolve problems affecting some Rs 3.51-lakh crore in stressed projects in steel, cement, power and transport.</p>
<h3 style="text-align: justify; ">Opportunity Losses (or The Road Not Taken)</h3>
<p style="text-align: justify; ">The regulations on radio frequency spectrum show how administrative rules can deprive us of readily available benefits. The most glaring example is the prevention of roaming using 3G spectrum. The resource was available, and was allocated to operators for various locations, but their roaming agreements were disallowed. This doesn't help us, whether from the perspective of government's increased share of revenues from greater usage, or the denial of user benefits from a better service offering. Instead, this approach constrains capacity by an arbitrary rule. Such issues need to be reviewed and rationalised to unfetter latent capacity towards attaining Digital India.</p>
<p style="text-align: justify; ">Another instance is that of limitations imposed on spectrum sharing which have nothing to do with technology. The reason exclusive spectrum allocations were introduced years ago was to prevent radio frequency interference. Now, imposing arbitrary limitations on spectrum usage results in denying ourselves available capacity. More radical and complex alternatives like pooling spectrum and facilities, and common carrier access for certain services, deserve consideration for exactly the same reasons: increased productivity and benefits from investments already made. Otherwise, it is like stranded capacity in stalled projects.</p>
<p style="text-align: justify; ">The same issues apply to the auction of mineral rights for core industries in domestic manufacturing. Any ingenuous fascination with free-market principles in allocating resources that overlook the fundamental requirements of a strong manufacturing base in a large country, or that don't comprehend the realpolitik of how free-market dogma is selectively argued, will leave us farther behind on the road to prosperity.</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-june-4-2015-unfettering-stranded-capacity'>https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-june-4-2015-unfettering-stranded-capacity</a>
</p>
No publisherShyam PonappaTelecom2015-07-11T16:00:11ZBlog EntryUnderstanding Spectrum
https://cis-india.org/telecom/blog/understanding-spectrum
<b>What is spectrum and how do government and commercial decisions on this scientific phenomenon affect public facilities and costs? Shyam Ponappa examines this in his latest blog published in the Business Standard on March 4, 2010.</b>
<p>Twenty years ago, “spectrum” implied the colours of the rainbow. Now, we understand that spectrum also relates to mobile phones. We encounter spectrum daily, in TV remote controls, microwave ovens, even sunlight. So, what exactly is spectrum, and how do government and commercial decisions on this scientific phenomenon affect public facilities and costs?</p>
<p>“Spectrum” is short for “electromagnetic spectrum”, the range of radiated energies that envelop the Earth. This electromagnetic radiation (EMR) is primarily from the sun, and secondarily from the stars/cosmos, radioactive elements in soil, rock and gases... .</p>
<p>One section of EMR is visible light; another is radio frequency (RF) spectrum. There are many other “wavelengths” in EMR with different characteristics and effects, such as infrared and ultraviolet rays. All countries have the same RF spectrum in equivalent areas.</p>
<h3>How is spectrum used?</h3>
<p>The length of a wave, its associated frequency (“wavelengths” or “cycles” per second) and energy determine its usage (see <a href="https://cis-india.org/advocacy/telecom/understanding" class="internal-link" title="Spectrum">Figure 1</a>).</p>
<ol><li>Radio waves are relatively long, with wavelengths from 1,000 metres (1 km) to 10 cms, and frequencies from 3 kilohertz (3,000 cycles per second) to 3 gigahertz (GHz) or 3 billion cycles per second for the shortest, sometimes also called microwaves. (There are longer waves, e.g., electric power, of several km.)</li><li>Microwaves in the centimetre and millimetre range can have frequencies up to 300 GHz. There is an overlap in terminology depending on use; microwaves for cooking use several hundred watts of electricity at RF wavelengths of about 32 cms (915 MHz) and 12 cms (2.45 GHz). Microwaves from low-powered devices of a few watts at these frequencies are used for communications, and emit insignificant heat.</li><li>Infrared waves are smaller, and are felt as heat, e.g., from lamps and infrared grills used for cooking. Higher infrared bands used for communications in remote control devices and for imaging/night vision have no heating effect.</li><li>Wavelengths between 700 and 400 nanometres (about 430 to 750 terahertz or THz) form the visible spectrum from red to violet, combining to form white light. For example, we perceive wavelengths of about 635-700 nm (430-480 THz) as the colour red.</li><li>Shorter wavelengths form ultraviolet rays, of which those around 380-280 nm cause sunburn. Sunlight at sea level comprises about 53 per cent infrared, 44 per cent visible light, and 3 per cent ultraviolet rays.</li><li>Yet smaller waves are classified as X-rays, and the smallest as gamma rays, both used in medical and industrial imaging.<br /></li></ol>
<h3>The sweet spot in the RF spectrum for telephony and the Internet</h3>
<p>For telephony and broadband, lower frequencies (700-900 MHz) are most cost-effective, as they traverse long distances without attenuation, penetrating walls and foliage. Radio waves in the atmosphere are affected by water vapour and ionisation, as well as events such as solar flares with bursts of X-rays. Depending on temperature, moisture, etc., radio waves may be absorbed, refracted, or reflected in the atmosphere, and by hills or other obstacles. Low frequency waves penetrate buildings and trees, and curve over slopes. Higher frequencies are more absorbed or reflected by the atmosphere; they are also more attenuated by distance and rain. Networks at lower frequencies require fewer towers than at higher frequencies.</p>
<h3>What are 2G and 3G?</h3>
<p>These signify different stages of technological development, starting with 1st Generation (1G) analog wireless in the 1980s, e.g., in car phones. 2G (2nd Generation) began in the 1990s with the digital wireless GSM standard for mobiles, extending to other standards, e.g., CDMA. 3G (3rd Generation) has faster data speed and greater network capacity.</p>
<h3>What is 2G/3G spectrum?</h3>
<p>There is no difference in the spectrum; only the convention of government regulations and harmonisation between countries by the International Telecommunications Union (ITU) earmark wavelengths for different applications. Both 2G and 3G can and do work at 800-900 and 1800-1900 MHz.</p>
<p>Combined with the advantages of prices dropping as volumes rise, one estimate puts 3G coverage with 900 MHz at 50-70 per cent lower cost than at the designated 2.1 GHz. 3G networks using 900 MHz (“2G spectrum”) exist in Finland, Iceland, Australia, New Zealand, Thailand, Venezuela, Denmark and Sweden, and countries like France encourage 2G networks to upgrade to 3G services.</p>
<p>Spectrum allocated for 2G and 3G by various countries is at <a href="https://cis-india.org/advocacy/telecom/spectrum" class="internal-link" title="Understanding Spectrum Figure 2">Figure 2</a>; the current and proposed allocation in India is shown below.</p>
<p>This shows India’s dearth of spectrum for public use because of government and defence allocations. We need innovative methods to maximise capacity given our needs, limited landline networks, and the relative costs. (For details on the chart, please see <a class="external-link" href="http://www.umtsworld.com/technology/frequencies.htm">umtsworld.com</a>.</p>
<p>For example, China has allocated 250 MHz in the 800/1800 MHz bands. By not charging auction fees and spectrum charges, ubiquitous networks were built at lower cost with high capacity. These result in lower costs for users and higher productivity. With its focused approach, China also developed its own standard (TD-SCDMA).</p>
<p>India’s spectrum allocation is burdened with short-term revenue collection for the government, and a shortage mentality. There is apparently insufficient clarity on spectrum usage for ubiquitous broadband/telephony as in other countries, let alone more ambitious targets, such as developing an Indian standard.</p>
<p>Our policies could address the requirement for enhanced coverage/capacity at low cost to make services available everywhere at reasonable prices. Innovative approaches to spectrum management could help get these, through:</p>
<ol><li>Technology-neutrality: the UK and Norway have not restricted the use of recently auctioned spectrum to any technology.</li><li>A focused strategy for service delivery at low cost, as in China.<br /></li></ol>
<p>This needs a combination of methods, e.g., along with technology-neutrality, (a) data-base driven, shared spectrum usage, under trial in the US, (b) “Cognitive Radio”, whereby smart devices sense available channels for dynamic, non-conflicting use in unlicensed spectrum bands, (c) incentives for rural broadband delivery, e.g., by subvention of fees and government charges, with (d) subsidies.</p>
<p>Follow the original article on <a class="external-link" href="http://www.business-standard.com/india/news/shyam-ponappa-understanding-spectrum/387446/">Business Standard</a></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/understanding-spectrum'>https://cis-india.org/telecom/blog/understanding-spectrum</a>
</p>
No publisherShyam PonappaTelecom2012-05-10T10:48:19ZBlog EntryTransformation, or Drift?
https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-august-7-2014-transformation-or-drift
<b>We need transformative policies and incentives with purpose, especially in solar power and digital infrastructure.</b>
<p>The article published in <a class="external-link" href="http://organizing-india.blogspot.in/2014/08/transformation-or-drift.html">Organizing India Blogspot</a> on August 7, 2014. It was earlier published in the <a class="external-link" href="http://www.business-standard.com/article/opinion/shyam-ponappa-transformation-or-drift-114080601530_1.html">Business Standard </a>on August 6, 2014.</p>
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<p style="text-align: justify; "><span><span>An uneasy sense of drift has set in after the anticipation that accompanied the swearing-in of the National Democratic Alliance government. Surely, the government understands that its real task is to build on hopes and expectations, to channel energies, to organise and coordinate for results, even perhaps try bipartisan teams? The opportunity is to overcome factionalism and harness people's energies, instead of floundering in disunity. We need transformative policies, programmes and </span><a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Incentives" target="_blank">incentives</a><span>with purpose.</span></span></p>
<p style="text-align: justify; "><span><span>Resolute efforts in specific sectors can change this sense of the same old same-old. Two aspects of infrastructure that need early attention are: first, solar power, and second,<a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Digital+Infrastructure" target="_blank">digital infrastructure </a>(see "<a href="http://www.business-standard.com/article/opinion/shyam-ponappa-a-great-start-114060401642_1.html" target="_blank"><span>A great start by Modi government</span></a>", June 5, <i>Business Standard</i>).</span></span></p>
<p style="text-align: justify; "><span><span>Solar power, critically important in its own right, is essential for digital infrastructure because of the poor grid supply. Disappointingly, the steps taken are more of the same. For instance, the renewal of the national solar mission. for an increased 1,500 megawatts, is on the same lines as before - that is, a 30 per cent subsidy for solar farms, accelerated depreciation and <a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Renewable+Energy+Credits" target="_blank">renewable energy credits </a>(RECs) that provide subsidies for a fixed period. While the target is higher, it is minuscule compared to the potential, and relative to other energy sources. For distributed user installations, interest-free loans seem ineffectual, because the high prices are unchanged, although payable in instalments - hardly ground-breaking.</span></span></p>
<p style="text-align: justify; "><span><span>Could the government try a more radical incentive of zero tax on equipment in addition to a 30 per cent subsidy, with immediate reimbursement and stiff penalties for misuse? Lower capital costs would probably induce much more extensive deployment, spurring manufacturing and innovation through sheer volume. This is likely for solar farms as well, and these incentives could be made available if such farms are really desirable. The government would lose upfront taxes on equipment, but avoid the cost and complexities of the <a class="storyTags" href="http://www.business-standard.com/search?type=news&q=Recs" target="_blank">RECs </a>and accelerated depreciation, while gaining taxes downstream from increased productivity.</span></span></p>
<p style="text-align: justify; "><span><span>Similarly, in communications, we need countrywide access to broadband at reasonable prices. Users could benefit from applications such as education at all levels, from secondary school to college to continuing education for adults, healthcare; e-commerce; remote working/telecommuting; government services, information; and entertainment. Of course, once we have broadband, we'd need the range of useful, attractive content and services that result in improved user satisfaction, as well as productivity. These "supplementary effects" will undoubtedly take time to develop and play out, but the prerequisite is the access.</span></span></p>
<p style="text-align: justify; "><span><span><span><span>On this score, the much-awaited spectrum sharing recommendations are sorely disappointing. Their intent is puzzling because they are so restrictive, limiting sharing to two operators who have acquired frequencies in the same band in the same manner, with a cap of 50 per cent.</span></span></span></span></p>
<p style="text-align: justify; "><span><span><span><span><span style="text-decoration: underline;"><b>Build and Run Communications Networks Like Roads</b></span></span></span></span></span></p>
<p style="text-align: justify; "><span><span><span><span>Perhaps the telecom regulator's recommendations on spectrum sharing are an opening gambit to explore active network sharing. The logic for network and spectrum sharing is compelling. With India's self-created spectrum constraints and genuine deficiencies of capital and network coverage, the rational approach for our developing economy would be to optimise their use, as with roads. For this, active network sharing, including radio access networks and spectrum, is the most efficient solution, as is the case for roads.<br /><br />Unfortunately, our policies are at the other extreme, of spectrum auctions and exclusive networks. This is least efficient for extending underdeveloped infrastructure services, as building and operating multiple exclusive networks requires the most resources, including capital. Auctions may be a reasonable alternative where there's existing infrastructure, and the issue is of allocating resources to whoever can make the best use of them. In our situation and given our needs, the way we build and operate roads may be a better alternative to achieve coverage.<br /><br />To see why, compare the contrasting approaches of building communications networks with highways and roads. Road developers not only don't have to pay auction fees for the right to build roads, they are paid periodically for the construction of the assets. Ownership of the assets is then transferred to the state or other agency, and all road tax and toll payers may use the facilities. Similarly, all licensed operators could have access to communications networks on payment. While payback periods are often longer for roads, the nature of the financial flows are the same: capital must be invested in building the network before revenues are generated from users. People need to be informed and educated about this inescapable process.<br /><br />Sparsely populated rural areas have lower revenue potential than urban areas. Hence, communications networks and services in rural areas lag because of commercial considerations. This deprivation is aggravated by front-loading auction fees for spectrum, which curtails investments in the networks and services in areas with lower potential. Also, unless operators pool resources, exclusive usage militates against full utilisation of the infrastructure. Our policies should reflect all this, instead of restricting spectrum access and sharing, including for 3G.</span></span></span></span></p>
<p style="text-align: justify; "><span><span><span><span>The real irony is that the pay-for-use principle is well accepted for roads; yet the opposite principle of auctions is used for communications networks. This is the unintended consequence of accepting auctions without thinking through what we need in our circumstances compared with advanced economies, and how to achieve those objectives.</span></span></span></span></p>
<p style="text-align: justify; "><span><span><span><span>Our spectrum policies have resulted in small bands of non-contiguous spectrum holdings that severely restrict capacity. Besides, operators have to invest heavily simply to protect the assets built. Yet countrywide broadband services need more spectrum to be used much more effectively to facilitate last-mile access. The kind of solution we need is for all remaining spectrum to be used for a common-access network, owned by a consortium of operators, including state-owned Bharat Sanchar Nigam and Mahanagar Telephone Nigam as "anchors". Once integrated with existing networks, operators can commercially deploy services with enhanced capacity, for which they pay as they use, and get paid. Broadband can be revolutionised by setting this up and converting spectrum fees to pure revenue sharing, as happened for mobile telephony with licence fees years ago. With the benefit of hindsight, the fees can be set low from the start, with regulatory oversight to avoid predatory pricing, and growth will most likely explode.</span></span></span></span></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-august-7-2014-transformation-or-drift'>https://cis-india.org/telecom/blog/organizing-india-blogspot-shyam-ponappa-august-7-2014-transformation-or-drift</a>
</p>
No publisherShyam PonappaTelecom2014-08-11T04:57:38ZBlog EntryTRAI-ing Times: The Story So Far
https://cis-india.org/telecom/blog/trai-ing-times-the-story-so-far
<b>24th December, 2014 marked a pivotal moment in the Indian experience with network neutrality. On this date, one of India’s largest telecom players, Bharti Airtel, announced the introduction of a new ‘VoIP’ usage policy for its mobile users.</b>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">Under this policy, usage of VoIP services would henceforth be <em>excluded</em> from standard data usage packs and would instead be charged at standard data rates (of 4p / 10KB on 3G and 10p / 10KB on 2G).<a name="_ftnref1" href="#_ftn1"><sup><sup>[1]</sup></sup></a> Alongside this modification to 2G and 3G packs, a separate data pack exclusively for VoIP services was to be introduced. <a name="_ftnref2" href="#_ftn2"><sup><sup>[2]</sup></sup></a></p>
<p style="text-align: justify;">The flurry of activity the announcement precipitated included widespread consumer and civil society outrage<a name="_ftnref3" href="#_ftn3"><sup><sup>[3]</sup></sup></a>, a statement by the Union Minister for Telecom<a name="_ftnref4" href="#_ftn4"><sup><sup>[4]</sup></sup></a>, a justificatory counter-statement by Airtel itself<a name="_ftnref5" href="#_ftn5"><sup><sup>[5]</sup></sup></a> and ultimately, a statement by TRAI. <a name="_ftnref6" href="#_ftn6"><sup><sup>[6]</sup></sup></a> While it remains to be seen whether this was a calculated move by Airtel to kick-start the neutrality discussion in India (as some suspect<a name="_ftnref7" href="#_ftn7"><sup><sup>[7]</sup></sup></a>), the implementation of the new policy/pack was deferred pending TRAI's proposed consultation paper on OTT services. <a name="_ftnref8" href="#_ftn8"><sup><sup>[8]</sup></sup></a></p>
<p>In the context of the impending (though seemingly delayed<a name="_ftnref9" href="#_ftn9"><sup><sup>[9]</sup></sup></a>) release this paper, we take this opportunity to study TRAI-linked output on network neutrality in the past. This study was carried out using RTI requests [Part I] and targeted keyword searches of the TRAI website [Part II].</p>
<h3><strong>Information received through RTI requests</strong></h3>
<div><strong><br /></strong></div>
<p style="text-align: justify;">We had filed the following request under the Right to Information Act, 2005 on the subject and net neutrality and any material available with them generated in the course of internal or other discussions:</p>
<table class="grid listing">
<tbody>
<tr>
<td>
<p align="center"><strong>Request for Information under the Right to Information Act, 2005</strong></p>
<p align="left">To</p>
<p align="left"><strong>Shri V.K.Saxena </strong></p>
<p align="left">Dy. Advisor (GA.) & Central Public Information Officer-LO</p>
<p align="left">Telecom Regulatory Authority of India</p>
<p align="left">Mahanagar Doorsanchar Bhawan,</p>
<p align="left">Jawaharlal Nehru Marg, Old Minto Road,</p>
<p align="left">New Delhi-110 002</p>
<p align="left"><strong>Date of application</strong> : 08-10-2014</p>
<p align="center">Subject:<strong> Documents relating to Network Neutrality</strong></p>
<p>1. Please provide a list of all the consultations/discussions/meetings that have taken place with respect to network neutrality by TRAI.</p>
<p>2. Please provide a list of all responses received by TRAI which concern network neutrality.</p>
<p>3. Please provide a list of other documents/memos/minutes regarding network neutrality available with TRAI.</p>
<p style="text-align: justify;">4. Does TRAI possess power to punish ISPs for violating principles of network neutrality? If so, please mention the provision of law which permits this.</p>
<p>5. What measures are taken by TRAI to monitor network neutrality violations by ISPs? For example, throttling of internet content/protocols.</p>
<p>6. What is the procedure for a consumer to file a complaint with TRAI regarding network neutrality violations?</p>
<p style="text-align: justify;">7. Please provide copies of any documents regarding complaints received / action taken with respect to network neutrality violations in the past three years.</p>
<p style="text-align: justify;">It is certified that I am a citizen of India and that I do not fall within the BPL category. I am enclosing Rupees thirty (Rs. 10) towards the application fee and photocopying costs under the RTI Act for the information and documents requested. Kindly inform me at the address stated below if any further fees are required to be paid.</p>
<p><strong> </strong></p>
<p><strong>Applicant</strong> : <strong>Signature of the Applicant</strong></p>
<p>Tarun Krishnakumar</p>
<p>Centre for Internet and Society</p>
<p>194, 2nd C Cross Road, Domlur II Stage,</p>
<p>Bangalore - 560071</p>
</td>
</tr>
</tbody>
</table>
<p>____________________________________________________________________________________________________________________________________________________________________________________</p>
<p>In response to the same, we received the following reply which smacked of non-application of mind by the concerned officer to the request:</p>
<table class="grid listing">
<tbody>
<tr>
<td>
<p>To,</p>
<p>Shri Tarun Krishnakumar</p>
<p>Centre for Internet and Society</p>
<p>194, 2nd C Cross Road, Domlur II Stage</p>
<p>Bangalore (Karnataka) - 560071.</p>
<p><strong>SUBJECT: REQUEST FOR SUPPLY OF INFORMATION UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005.</strong></p>
<p>Sir,</p>
<ol type="1">
<li style="text-align: justify;"> Please refer to your application dated 08.10.2014 , seeking information under the provisions of the Right to Information Act, 2005 regarding Network Neutrality related matter. </li></ol>
<ol type="1">
<li> It is informed that the information sought by you vide the above referred application is not available in TRAI. </li></ol>
<ol type="1">
<li style="text-align: justify;"> The Appellate Authority in TRAl under section 19 (1) of the "Right to Information Act, 2005" is Shri Suresh Kumar Gupta, Pr. Advisor (CA&QOS), Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlai Nehru Marg, Old Minto Road, New Delhi-110 002, Tele:011- 23216930, Fax : 011- 23235270. </li></ol>
<p>Yours faithfully,</p>
<p>(V.K. Saxena)</p>
<p><strong>Central Public Information Officer (LO)</strong></p>
<p><strong>Tele: 011-23211622</strong></p>
</td>
</tr>
</tbody>
</table>
<p>____________________________________________________________________________________________________________________________________________________________________________________</p>
<div> </div>
<div><br />
<p>In reply, we filed the following appeal with the designated Appellate Authority:</p>
<table class="grid listing">
<tbody>
<tr>
<td>
<p align="center"><strong>Appeal under the Right to Information Act, 2005</strong></p>
<p><strong> </strong></p>
<p><strong>To</strong> :</p>
<p>Appellate Authority</p>
<p>Shri. Suresh Kumar Gupta,</p>
<p>Pr. Advisor (CA and QoS),</p>
<p>Telecom Regulatory Authority of India,</p>
<p>Mahanagar Doorsanchar Bhawan,</p>
<p>Jawaharlal Nehru Marg, Old Minto Road,</p>
<p>New Delhi - 110002</p>
<p><strong>Date: </strong> 23.11.2014</p>
<p align="center"><strong>Subject: </strong> Appeal under Section 19(1) of the Right to Information Act, 2005 with reference to your reply No. 1(658)/2014-RTI dated 10.11.2014</p>
<p>Dear Sir,</p>
<p style="text-align: justify;">I write to you with reference to my RTI Application dated 08.10.2014 for information relating to 'network neutrality' held by TRAI. The CPIO, Shri. V.K. Saxena, rejected my request vide letter no. 1(658)/2014-RTI dated 10.11.2014 stating that " <em>the information sought by you vide the above referred application is not available in TRAI.</em>" (enclosed herewith). As the applicant, I am unsatisfied and aggrieved by the above decision and hereby appeal against the same.</p>
<p><strong>Circumstances and Grounds of Appeal</strong> <strong>:</strong></p>
<p style="text-align: justify;">By way of my application (enclosed herewith), I sought any and all information held by TRAI in relation to 'network neutrality'. For example, questions 1 - 3 queried the list of consultations etc. that have taken place involving network neutrality and sought copies of all documentation pertaining to the same. The other questions sought information pertaining to the powers of TRAI in relation to internet service providers and complaints received by it in relation to network neutrality. I submit that the failure of the CPIO to provide any answer to my queries is erroneous and therefore liable to be set aside on appeal to you.</p>
<p style="text-align: justify;">It is well-documented that there is at least one consultation connected with the subject-matter of my application i.e. 'network neutrality' released by TRAI in December 2006 (Paper No. 19/2006). In fact, the paper is currently available on the TRAI website at the following URL: <a href="http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation27dec06.pdf"> http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation27dec06.pdf </a></p>
<p style="text-align: justify;">(Please see heading 3.6 and 3.7). Therefore, if nothing else at least all information pertaining to this paper including the responses received to the question under Heading 3.7 <em>must be supplied to me</em>.</p>
<p style="text-align: justify;">You may also take note of TRAI's "Recommendations on Application Services" (available at URL: <a href="http://www.trai.gov.in/writereaddata/recommendation/documents/as140512.pdf"> http://www.trai.gov.in/writereaddata/recommendation/documents/as140512.pdf </a> ) dated 14.05.2014 where paras 1.29 - 1.31 pertain to net neutrality. This is another document that the CPIO failed to take notice of.</p>
<p style="text-align: justify;">The failure of the CPIO to even acknowledge the existence of TRAI's own papers as cited above shows that there has been no application of mind to my application and a mechanical denial has been issued.</p>
<p><strong>Prayer</strong> <strong>:</strong></p>
<p>In light of the grounds advanced above, I request that:</p>
<p align="left">i. My application for all information pertaining to 'network neutrality' be allowed and the relevant documents be released to me.</p>
<p align="left">ii. I receive a question-by-question response to each of my queries.</p>
<p><strong>List of Enclosures: </strong> 1. Original Application dated 08.10.2014</p>
<p>2. Reply of CPIO No. 1(658)/2014-RTI dated 10-11-2014</p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p><strong>Name of Appellant/Applicant and Address</strong> :</p>
<p>Tarun Krishnakumar</p>
<p>Centre for Internet and Society</p>
<p>194, 2nd C Cross Road, Domlur II Stage,</p>
<p>Bangalore - 560071</p>
</td>
</tr>
</tbody>
</table>
<p>____________________________________________________________________________________________________________________________________________________________________________________</p>
<p> </p>
<p>The appellate authority vide dated decision 12-01-2015 replied as follows:</p>
<table class="grid listing">
<tbody>
<tr>
<td>
<p align="center"><strong>BEFORE THE APPELLATE AUTHORITY UNDER THE RTI ACT, 2005</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>F. No. 1(658)/2014-RTI</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>Telecom Regulatory Authority of India</strong></p>
<p align="center"><strong>Mahanagar Door Sanchar Bhawan, Jawaharlal Nehru Marg</strong></p>
<p align="center"><strong>(Old Minto Road), New Delhi-110002.</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>APPEAL in terms of Section 19(1) of RTI Act, 2005</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>Date of Decision: 12th January, 2015</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>In the Matter of:</strong></p>
<p align="center"><strong> SHRI TARUN KRISHNAKUMAR, CENTRE FOR INTERNET AND SOCIETY, 194, 2nd C CROSS ROAD, DOMLUR ll STAGE, BANGALORE (KARNATAKA)-560071 </strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>vs</strong></p>
<p align="center"><strong> </strong></p>
<p align="center"><strong>CPIO, TRAI.</strong></p>
<ol type="1">
<li style="text-align: justify;"> Shri Tarun Krishnakumar has preferred the present appeal dated 23.11.2014 against the reply of CPIO, TRAI, communicated to him vide letter No. 1(658)/2014-RTI dated 10.11.2014 in response to his application dated 08.10.2014 under the RTI Act.</li>
<li style="text-align: justify;">I have gone through the appellant's application dated 08.10.2014 addressed to the Central Public Information Officer, Telecom Regulatory Authority of India (TRAI), the reply dated 10.11.2014 given to the appellant by the CPIO and the present appeal. The appellant had requested for information regarding Network Neutrality and related matter. Since the said information was not available with the Public Authority, TRAI, the CPIO. TRAI informed this to the appellant. The appellant, however, not being satisfied with the reply has filed this appeal.</li>
<li style="text-align: justify;">Upon examination, it was noticed that the consultation paper on "Review of Internet Services" issued on 27'" December, 2006 has a reference to Net Neutrality in Chapter 3-Emerging Trends. Therefore, the concerned division has uploaded the comments received in response to the 2006 consultation paper for the information of stake holders, the same is available in TRAI website under the link <a href="http://www.trai.gov.in/content/consultation_ViewCommentDescription/144_11_ViewCommentDescription.aspx"> http://www.trai.gov.in/content/consultation_ViewCommentDescription/144_11_ViewCommentDescription.aspx </a> . Further, the "Recommendations on Application Services" was issued on 14.05.2012 and is available on TRAI website. There is no additional information which can be provided to the appellant at this stage.</li>
<li>In view of the above, the appeal is accordingly disposed.</li>
<li>Let a copy of this order be sent to the appellant. </li></ol>
<p align="right">Sd/-</p>
<p align="right"><strong>(Suresh Kumar Gupta)</strong></p>
<p align="right"><strong>Appellate Authority, TRAI</strong></p>
<p align="right"><strong>Under RTI Act, 2005</strong></p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;">This reveals the extent of TRAI-produced output on the issue of 'net neutrality'. Besides a reference to Neutrality in 2006 paper TRAI did not disclose any other instance where it had discussed the issue.</p>
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">_________________________________________________________________________________________________________________________________________________________________________________________</p>
</div>
<h3><strong>Targeted Keyword Searches of the trai.gov.in website</strong></h3>
<div><strong><br /></strong></div>
<div>
<p style="text-align: justify;">This leg of the survey consisted of conducting targeted keyword searches of the trai.gov.in website to gauge the engagement with the subject of Network Neutrality either in the form of TRAI Output, Submissions to TRAI or other outputs (from seminar, conferences etc.). The results - aggregated using Google and Bing - have been tabulated.</p>
<p><strong>Note: </strong> The results do not include the OTT Consultation Paper of 27-03-2015.</p>
<p><strong>Methodology</strong> : Keyword searches of specific website using the advanced search / site-search search operator ("KEYWORD + site:<URL>"); Repeated Hits were not tabulated.</p>
<p><strong>i. </strong> <strong>Keyword: "Net Neutrality"</strong></p>
<p>Total No. of search results returned = 10 (Google), 6 (Bing)</p>
<p>Relevant Hits: 8</p>
<table class="grid listing">
<tbody>
<tr>
<td>
<p><strong> </strong></p>
</td>
<td colspan="2">
<p><strong>Hit URL</strong></p>
</td>
<td>
<p><strong>Name of Document </strong></p>
</td>
<td>
<p><strong>Date</strong></p>
</td>
<td colspan="2">
<p><strong>Relevant Page</strong></p>
</td>
<td colspan="2">
<p><strong>Remarks</strong></p>
</td>
</tr>
<tr>
<td>
<p>1.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/consultation27dec06.pdf</p>
</td>
<td>
<p>Consultation Paper on "Review of Internet Services" (No. 19/2006)</p>
</td>
<td>
<p>26-12-2006</p>
</td>
<td colspan="2">
<p>References at Pg. 27-28.</p>
</td>
<td colspan="2">
<p style="text-align: justify;">Views were sought in relation to emerging trends one of which outlined was 'Net Neutrality.'</p>
<p>Selected Extracts:</p>
<p style="text-align: justify;">" <em> 3.6.2 The situation may also rise in India as Internet access providers may use their market power to discriminate against competing applications and/or contents. </em> "</p>
<p style="text-align: justify;">" <em> 3.6.3 The issue of net neutrality in the long term can threaten popularity of Public Internet based Internet telephony and similar 28 other applications as all the intermediate Internet providers may start asking commercial agreements in absence of which they may refuse to carry the content and provide desired quality of service. The future developments are likely to have new applications and contents. The business models of ISPs are concentrated around useful application. In this background views of stake holders are required whether regulatory intervention is needed to ensure net neutrality in India in times to come or it may be left to market forces. </em> "</p>
</td>
</tr>
<tr>
<td>
<p>2.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201410221229242471860Vodafone_Delivering%20Broadband%20quickly_Counter_21Oct2014.pdf</p>
</td>
<td>
<p>Vodafone's counter-response to TRAI's Consultation paper on 'Delivering Broadband Quickly'</p>
</td>
<td>
<p>22-10-2014</p>
</td>
<td colspan="2">
<p>References at Pg. 3-4.</p>
</td>
<td colspan="2">
<p style="text-align: justify;">Here, Vodafone pledges support for an 'open internet' for all however comments " <em>net neutrality has long been a solution in search of a problem</em>" and criticises EU framework.</p>
</td>
</tr>
<tr>
<td>
<p>3.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/20120730022807389860713.Etisalat[1].pdf</p>
</td>
<td>
<p>Response of Etisalat DB to Pre-consultation paper on "IMT-Advanced (4G) Mobile wireless broadband services"</p>
</td>
<td>
<p>15-04-2010</p>
</td>
<td colspan="2">
<p>References at Pg. 2 (Paragraph 12).</p>
</td>
<td colspan="2">
<p style="text-align: justify;">Etisalat notes that net neutrality is a topic that requires deliberation in reference to the proposed consultation paper on 4G.</p>
<p style="text-align: justify;">It defines neutrality as "<em>Avoiding blockage of any specific web site on a particular network</em>".</p>
</td>
</tr>
<tr>
<td>
<p>4.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReadData/Recommendation/Documents/recom18aug08.pdf</p>
</td>
<td>
<p>TRAI Recommendations on "Issues relating to Internet Telephony"</p>
</td>
<td>
<p>18-08-2008</p>
</td>
<td colspan="2">
<p>References at Pg. 46 and 78</p>
</td>
<td colspan="2">
<p style="text-align: justify;">At Pg. 46: " <em> The very popularity and success of the Internet is due to Net neutrality, i.e packets of all services and applications shall be processed and delivered without any discrimination by the intermediate service providers." </em></p>
<p style="text-align: justify;">At Pg. 78: " <em> Regulation in Argentina considers IP as a mere way to offer telecommunication services, such as telephony in the form of VoIP, thus there are no legal barriers that impede market access or any plans to regulate different types of the service. Any provider is free to offer telecommunication services with different technologies and network architectures, based on the network neutrality principle…"…" The foreign investment policy is liberal and there are no distinctions between local and foreign companies. According to the network neutrality principle, there are no regulated technological standards or protocols for VoIP </em> "</p>
</td>
</tr>
<tr>
<td>
<p>5.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201412300449107784040Dr%20Rohit%20Prasad.pdf</p>
</td>
<td>
<p>Response to the Consultation Paper (No: 13/2014) on "Interconnect Usage Charges" filed by (i) Dr. Rohit Prasad, Professor, Management Development Institute, Gurgaon</p>
<p>(ii) Mansi Kedia, Researcher, Indian Council for Research on International Economic Relations (ICRIER)</p>
<p>(iii) Dr. V. Sridhar, Professor, International Institute of Information Technology Bangalore</p>
</td>
<td></td>
<td colspan="2">
<p>Reference at Pg.7</p>
</td>
<td colspan="2">
<p>Raises the question of Net Neutrality with reference to OTT services.</p>
<p style="text-align: justify;">At Pg. 7: "… <em> Since an Internet Telephony call is a partial OTT service (i.e. from the origin until it hits the IP-Telco gateway), should Net Neutrality principles (as and when drafted) should be applicable for this as well. The above question, can be taken up when the Net Neutrality rules or OTT regulation rules are framed by the regulator. </em> "</p>
</td>
</tr>
<tr>
<td>
<p>6.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/2.Infotel_Broadband..pdf</p>
</td>
<td>
<p>Response of Infotel Broadband Services Ltd to Consultation Paper on "Mobile Value Added Services" (CP 05/ 2011)</p>
</td>
<td>
<p>11-08-2011</p>
</td>
<td colspan="2">
<p>Reference at Pg. 3</p>
</td>
<td colspan="2">
<p style="text-align: justify;">Opposition to Licensing regime for Internet Content and Application Providers:</p>
<p style="text-align: justify;">At Pg. 3: " <em> 3. Internet/ Data Applications do not depend on Telecom Operator, and are not licenced in open mature countries The need to exercise restraint on regulation is stronger in the case of data/ internet services. In the case of VAS on data/ internet services, VASPs have no technical dependence on Telecom/ Internet Service Provider for providing the service, as the data connection is generally a dumb pipe. For some services, VASPs choose to partner Telecom Operators for billing convenience (as in the case with currently provided Games-on-Demand service and Anti-virus services over Broadband). Globally, Internet Application Companies and Regulators mostly operate on a net neutrality approach, wherein a broadband application is accessible across Telecom/ Internet Service Providers. Thus, especially in the case of data services, there is no case to govern a relationship/ arrangement that has no technical necessity. Licencing Regime for Internet Content and Application providers, like portals, e-commerce, etc is not in practice in any of the open countries and should not be introduced in India too." </em></p>
</td>
</tr>
<tr>
<td>
<p>7.</p>
</td>
<td colspan="2">
<p>http://trai.gov.in/WriteReadData/ConsultationPaper/Document/201308221249488827971vodafone-final3.pdf</p>
</td>
<td>
<p>Response to Vodafone to Consultation Paper on "Valuation and Reserve Price of Spectrum"</p>
</td>
<td>
<p>21-08-2013</p>
</td>
<td colspan="2">
<p>Reference at Pg. 11</p>
</td>
<td colspan="2">
<p>Reference irrelevant / not-substantive.</p>
</td>
</tr>
<tr>
<td>
<p>8.</p>
</td>
<td colspan="2">
<p>http://www.trai.gov.in/writereaddata/recommendation/documents/as140512.pdf</p>
</td>
<td>
<p>TRAI Recommendations on "Application Services"</p>
</td>
<td>
<p>14-05-2012</p>
</td>
<td colspan="2">
<p>References at Pg.18 and 19.</p>
</td>
<td colspan="2">
<p style="text-align: justify;">At Pg. 18: " <em> 1.29 Net neutrality advocates no restrictions by Service Providers on content, sites, platforms, on the kinds of equipment that may be attached, and no restrictions on the modes of communication allowed. Issue of net neutrality started in early 2007 when it was revealed that Comcast, a provider of broadband Internet access over cable lines intentionally blocked the traffic of peer-to-peer (P2P) applications and gave other Internet traffic preferential treatment. </em> "</p>
<p>At Pg.19:" <em>1.31 The issue of net neutrality for ASPs providing services on OTT model will be dealt as and when required.</em>"</p>
</td>
</tr>
<tr>
<td colspan="9">
<p><strong> </strong></p>
<p><strong>ii. </strong> <strong>Keyword: "Network Neutrality"</strong></p>
<p>Total No. of search results returned = 16 (Google), 8 (Bing)</p>
<p>Relevant Hits: 11.</p>
<p><strong> </strong></p>
</td>
</tr>
<tr>
<td colspan="2">
<p><strong>S.No. </strong></p>
</td>
<td>
<p><strong>Hit URL</strong></p>
</td>
<td>
<p><strong>Name of Document </strong></p>
</td>
<td colspan="2">
<p><strong>Date</strong></p>
</td>
<td colspan="2">
<p><strong>Relevant Page</strong></p>
</td>
<td>
<p><strong>Remarks</strong></p>
</td>
</tr>
<tr>
<td colspan="2">
<p>1.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291232282048929Matthias_Ehrler_Migration_NGN.pdf</p>
</td>
<td>
<p>Presentation titled "Regulatory implications of migrating to NGN" made at the TRAI - Seminar on Next Generation Networks by Matthias Ehrler</p>
</td>
<td colspan="2">
<p>25-08-2011</p>
</td>
<td colspan="2">
<p>Pgs. 6 and 15</p>
</td>
<td>
<p style="text-align: justify;">Presentation by expert covers neutrality implications of migrating to next generation networks.</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>2.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291229152361429Scott_Marcus_QoS.pdf</p>
</td>
<td>
<p>Presentation titled "Management of QoS" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.</p>
</td>
<td colspan="2">
<p>25-08-2011</p>
</td>
<td colspan="2">
<p>Pgs. 10, 11, 15 etc.</p>
</td>
<td>
<p style="text-align: justify;">Presentation by expert covers neutrality in the context of QoS.</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>3.</p>
</td>
<td>
<p>http://www.trai.gov.in/writereaddata/consultationpaper/document/3agust.pdf</p>
</td>
<td>
<p>Response of Microsoft to Consultation Paper on "National Broadband Plan"</p>
</td>
<td colspan="2">
<p>27-07-2010</p>
</td>
<td colspan="2">
<p>Pgs. 1-2</p>
</td>
<td>
<p>Extract:</p>
<p style="text-align: justify;">" <em> 2. Network Neutrality Openness has been the key to the ever-expanding nature of the Internet. We would urge that the Authority adopt a light-touch regulatory approach to network neutrality that appropriately balances the needs of consumers, network operators, and those of content/ application / service providers as well as those of device vendors. Some respondents have called out the Authority's attention towards this aspect and it is important for the Authority to chart a course that harmonizes the interdependent values of innovation and continued evolution of a robust network infrastructure while promoting consumer choice and freedom online. e suggest that the Authority undertake the following three steps in this regard: a. First, adopt the widely-accepted principles that consumers have the right to access and use the content, applications, services and devices of their choosing and to receive reasonable information about their Internet access provider's practices; b. Second, adopt a behavioral standard intended to prohibit Access Provider discrimination that is anticompetitive or harms consumers, and bar Access Provider conduct that violates the other core, open Internet principles, such as allowing access to lawful content, applications, and services of the user's choosing; and c. Third, implement an expert and efficient enforcement mechanism to identify and prohibit unlawful forms of discrimination. This framework would achieve a sensible balance by allowing Access Providers the flexibility to not only appropriately manage their networks by distinguishing, if necessary, among different types of traffic but also enter into business arrangements with content providers that are transparent and do not discriminate in a manner that is anticompetitive or harms consumers </em> ."</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>4.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201301080620033272892NGN-Migration-Session6-Licensing-Issues-NGN_rev.pdf</p>
</td>
<td>
<p>Presentation titled "Migration to Next Generation Networks" made at the Workshop on Migration to NGN by Martin Lundborg, Stephan Wirsing Martin Lundborg, Stephan Wirsing</p>
</td>
<td colspan="2">
<p>29-11-2012</p>
</td>
<td colspan="2">
<p>Pgs. 30-36.</p>
</td>
<td>
<p style="text-align: justify;">Presentation by expert covers Network Neutrality in the context of content and licensing.</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>5.</p>
</td>
<td>
<p>http://trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291222335017679NGN_Dr.pdf</p>
</td>
<td>
<p>Presentation titled "NGN: UK and European Frameworks" made at the TRAI Seminar on NGN by Rekha Jain.</p>
</td>
<td colspan="2">
<p>25-08-2011</p>
</td>
<td colspan="2">
<p>Pg.18</p>
</td>
<td>
<p style="text-align: justify;">Presentation by expert covers network neutrality as implemented by European authorities.</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>6.</p>
</td>
<td>
<p style="text-align: justify;">http://trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291226086423929NGN_Interconnection.pdf</p>
</td>
<td>
<p>Presentation titled "NGN Interconnection" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.</p>
</td>
<td colspan="2">
<p>25-08-2011</p>
</td>
<td colspan="2">
<p>Pg. 41, 43 and 46</p>
</td>
<td>
<p style="text-align: justify;">Presentation by expert covers neutrality in the context of QoS.</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>7.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201301080612503134332NGN-Migration-Session1-Introduction-to-NGN_rev.pdf</p>
</td>
<td>
<p>Presentation titled "Migration to Next Generation Networks" (Introduction to NGN) made at the Workshop on Migration to NGN by Martin Lundborg, Stephan Wirsing Martin Lundborg, Stephan Wirsing</p>
</td>
<td colspan="2">
<p>29-11-2012</p>
</td>
<td colspan="2">
<p>Pg. 25</p>
</td>
<td>
<p style="text-align: justify;">Cursory reference to important regulatory aspects of NGN Migration</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>8.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/Events/Presentation/PPT/201111291221446111429NGN_Case_Studies%20-%20Scott%20marcus.pdf</p>
</td>
<td>
<p>Presentation titled "Migration Studies Challenges and Migration Studies, Challenges, and Implementation Case Studies" made at the TRAI- Seminar on Next Generation Networks by J. Scott Marcus of wik consult.</p>
</td>
<td colspan="2">
<p>25-08-2011</p>
</td>
<td colspan="2">
<p>Pg. 6.</p>
</td>
<td>
<p>Cursory reference to public policy challenges in NGN Migration</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>9.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/Auspi.pdf</p>
</td>
<td>
<p>AUSPI's Response to the TRAI Consultation Paper No. 6/2011 on "IMT Advanced Mobile Wireless Broadband Services"</p>
</td>
<td colspan="2"></td>
<td colspan="2">
<p>Pg.10</p>
</td>
<td>
<p style="text-align: justify;">At Pg.10: " <em> In an effort to encourage network neutrality, Google asked that the spectrum be free to lease wholesale and the devices operating under the spectrum be open. Google's specific requests were the adoption of certain policies such as open applications, open devices, open services and open networks. Currently many providers such as Verizon and AT&T use technological measures to block external applications. In return, Google guaranteed a minimum bid of $4.6 billion. However, this model of broader eco-system players playing a part in spectrum auctions has not seen significant success, with Google in this instance not winning any licenses. Even if regulator wants to keep the market open for non-telecom players, broader eco-system players can participate through M&As which are likely to be permitted under the new telecom policy. </em> "</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>10.</p>
</td>
<td>
<p>http://www.trai.gov.in/writereaddata/consultationpaper/document/201304090446122006799casbaa.pdf</p>
</td>
<td>
<p>Response of the Cable and Satellite Broadcasting Association of Asia to TRAI Consultation Paper on "Issues relating to Media Ownership"</p>
</td>
<td colspan="2">
<p>8-04-2013</p>
</td>
<td colspan="2">
<p>Pg.30</p>
</td>
<td>
<p style="text-align: justify;">At Pg.30: " <em> Convergence: Despite convergence, there remains fragmentation in the approaches adopted by regulators towards intervention in telecoms and other sectors. However, issues of access, network neutrality, non-discrimination and protection of intellectual property rights ("IPR") are recurrent themes. These are issues that are familiar to competition authorities. Moreover, technological changes may break down these demarcations further. However the real challenge that convergence poses is increased uncertainty in respect of the speed of technical change and its effects in the short and longer runs. Regulators/competition authorities run the risk of 'getting it wrong' either by applying old style/stringent regulations and/or mistaking transitory profitability for abuse. A cautious and flexible approach is required. The application of old style regulations to such evolving markets is not recommended; it may stifle investment and innovation. Regulation should be flexible enough to take account of the evolving market dynamic and be informed by the best assessment of how markets are likely to evolve. TRAI's proposed intervention does not even come close to this dynamic approach since it is predicated on an assessment which is four years out of date. It does not take account of the increased diversity and competition currently prevailing and likely to develop in India over the next 3 to 5 years and beyond. </em> "</p>
</td>
</tr>
<tr>
<td colspan="2">
<p>11.</p>
</td>
<td>
<p>http://www.trai.gov.in/WriteReadData/ConsultationPaper/Document/201306240358500637086RCOM_CC.pdf</p>
</td>
<td>
<p>Counter Comments of Reliance Communications to TRAI Consultation Paper on "Interconnection Usage Charges"</p>
</td>
<td colspan="2">
<p>25-05-2011</p>
</td>
<td colspan="2">
<p>Pgs. 230 (Internal Pg. 41 of appended document)</p>
</td>
<td>
<p style="text-align: justify;">Appended ERG DRAFT Common Position on Next Generation Networks Future Charging Mechanisms / Long Term Termination Issue document analyses questions in relation to QoS and Network Neutrality in the US and other jurisdictions.</p>
</td>
</tr>
</tbody>
</table>
<div>
<hr />
<div id="ftn1">
<p style="text-align: justify;"><a name="_ftn1" href="#_ftnref1">[1]</a> See http://telecomtalk.info/airtel-starts-charging-for-voip-data-viber-skype-charges/128118/ (Last visited on 08-03-15).</p>
</div>
<div id="ftn2">
<p><a name="_ftn2" href="#_ftnref2">[2]</a> See http://telecomtalk.info/airtel-voip-rs75-75mb-with-a-validity-of-28-days/128216/ (Last visited on 08-03-15);</p>
</div>
<div id="ftn3">
<p><a name="_ftn3" href="#_ftnref3">[3]</a> See http://www.medianama.com/2014/12/223-net-neutrality-violation-airtel-introduces-differential-pricing-for-type-of-mobile-internet-usage (Last visited on 08-03-15); http://yourstory.com/2015/01/net-neutrality-startups-in-india-airtels-voip-charges/ (Last visited on 08-03-15)</p>
</div>
<div id="ftn4">
<p style="text-align: justify;"><a name="_ftn4" href="#_ftnref4">[4]</a> See http://articles.economictimes.indiatimes.com/2015-01-15/news/58109002_1_net-neutrality-internet-governance-model (Last visited on 08-03-15); http://gadgets.ndtv.com/telecom/news/government-to-look-into-airtels-plan-to-charge-for-internet-calls-ravi-shankar-prasad-639713 (Last visited on 08-03-15)</p>
</div>
<div id="ftn5">
<p><a name="_ftn5" href="#_ftnref5">[5]</a> See http://www.medianama.com/2014/12/223-a-response-to-airtels-statement-justifying-net-neutrality-violation/</p>
</div>
<div id="ftn6">
<p style="text-align: justify;"><a name="_ftn6" href="#_ftnref6">[6]</a> See http://indianexpress.com/article/business/companies/airtel-move-to-charge-voip-calls-not-illegal-khullar/ (Last visited on 09-03-15); For a video of the interview, see http://youtu.be/d6QyapRBPXA (Last visited on 09-03-15).</p>
</div>
<div id="ftn7">
<p style="text-align: justify;"><a name="_ftn7" href="#_ftnref7">[7]</a> See http://www.medianama.com/2014/12/223-airtel-withdraws-voip-charges-for-now-after-forcing-trais-hand-on-net-neutrality-consultation/ (Last visited on 08-03-15).</p>
</div>
<div id="ftn8">
<p><a name="_ftn8" href="#_ftnref8">[8]</a> See http://www.financialexpress.com/article/industry/companies/airtel-to-roll-back-higher-voip-charges/24057/ (Last visited on 08-03-15)</p>
</div>
<div id="ftn9">
<p style="text-align: justify;"><a name="_ftn9" href="#_ftnref9">[9]</a> See NDTV report dated 16-02-15 at http://gadgets.ndtv.com/telecom/news/trais-paper-on-ott-players-to-also-cover-voip-calls-net-neutrality-in-india-661111 (Last visited on 09-03-15).</p>
</div>
</div>
</div>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/trai-ing-times-the-story-so-far'>https://cis-india.org/telecom/blog/trai-ing-times-the-story-so-far</a>
</p>
No publishertarunTelecomNet Neutrality2015-03-30T13:32:13ZBlog EntryTRAI Telecommunication Tariff Orders
https://cis-india.org/telecom/resources/trai-telecommunication-tariff-orders
<b>This section will deal with the Telecommunication Tariff Order, 1999 which was issued by the Telecom Regulatory Authority of India, in order to put a cap on the call rates and other allied services.</b>
<p style="text-align: justify; ">The Tariff order mandates that transparency is tariff and consumer protection. The Telecommunication Tariff Order, 1999 has gone through numerous amendments due to changes in the technology and the competition in the market. The Telecommunication Tariff Order, 1999 has gone through 53 amendments as on October, 2012. The TRAI also has laid down tariff orders for broadcasting and cable services.</p>
<p>The main highlights of the Telecommunication Tariff Order, 1999 are:</p>
<ul>
<li style="text-align: justify; ">Review of Tariffs: The TRAI has the authority to review and modify the tariff of any telecommunication service.</li>
<li style="text-align: justify; ">Standard Package: The telecom service provider has to provide a standard package to all its consumers.</li>
<li style="text-align: justify; ">Limits on Tariff: In case there is a specific ceiling on the tariff of a certain telecommunication service, then the service provider has to fix any rate above that ceiling. Similarly, if the TRAI sets a tariff as the floor then the operator cannot provide such service below the rates specified by the authority.</li>
<li style="text-align: justify; ">Reporting Requirement: The telecom operator has to report to the TRAI about the introduction of tariff and the changes subsequent to it.</li>
<li style="text-align: justify; ">Transparency and Consumer Protection: Tariffs charged by the operators should be published along with the terms and conditions attached to it in a manner as prescribed by the TRAI from time to time. It should also project the tariffs in a comparison table and the charges to be paid by the subscriber vis-a-vis the specified standard packages.</li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/telecom/resources/trai-telecommunication-tariff-orders'>https://cis-india.org/telecom/resources/trai-telecommunication-tariff-orders</a>
</p>
No publishersnehashishTelecom2013-03-15T07:04:18ZPageTRAI response
https://cis-india.org/telecom/publications/TRAI%20CP%20Response-Nov%2012%202009.pdf
<b></b>
<p>
For more details visit <a href='https://cis-india.org/telecom/publications/TRAI%20CP%20Response-Nov%2012%202009.pdf'>https://cis-india.org/telecom/publications/TRAI%20CP%20Response-Nov%2012%202009.pdf</a>
</p>
No publisherradhaTelecomPublications2011-08-23T03:32:08ZFileTRAI Regulations
https://cis-india.org/telecom/resources/trai-regulations
<b>This section will deal with all regulations issued by TRAI in the course of its functions. </b>
<p>It issues regulations with respect to various aspects of the telecom industry. TRAI regulations generally, deal with:</p>
<ul>
<li>Interconnection issues (usage charges, agreement, revenues sharing).</li>
<li>Quality of the telecom services.</li>
<li>Consumer protection and redressal of grievance including unsolicited commercial communication.</li>
<li>Access to essential infrastructure such as cable landing stations.</li>
<li>Mobile number portability.</li>
</ul>
<p><b> </b></p>
<p>
For more details visit <a href='https://cis-india.org/telecom/resources/trai-regulations'>https://cis-india.org/telecom/resources/trai-regulations</a>
</p>
No publishersnehashishTelecom2013-03-15T06:35:23ZPageTrai promises final call on differential pricing by month-end after 'lively' open house
https://cis-india.org/telecom/news/trai-promises-final-call-on-differential-pricing-by-month-end-after-lively-open-house
<b>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".</b>
<p style="text-align: justify; ">The <a class="external-link" href="http://economictimes.indiatimes.com/industry/telecom/trai-promises-final-call-on-differential-pricing-by-month-end-after-lively-open-house/articleshow/50675121.cms">article by Economic Times</a> was published on January 22, 2016. CIS gave inputs.</p>
<hr />
<p style="text-align: justify; ">"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.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/Companies.png" alt="Companies" class="image-inline" title="Companies" /></p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">"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.</p>
<p style="text-align: justify; ">"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.<br /><br />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."</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">"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.<br /><br />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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<table class="mceLayout" id="mce_fullscreen_tbl" style="text-align: justify; ">
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<td class="mceIframeContainer mceFirst mceLast"></td>
</tr>
</tbody>
</table>
<p>
For more details visit <a href='https://cis-india.org/telecom/news/trai-promises-final-call-on-differential-pricing-by-month-end-after-lively-open-house'>https://cis-india.org/telecom/news/trai-promises-final-call-on-differential-pricing-by-month-end-after-lively-open-house</a>
</p>
No publisherpraskrishnaFree BasicsTelecomTRAI2016-01-26T02:41:56ZNews ItemTRAI Free Data paper: Paytm to Hike, the responses from other companies
https://cis-india.org/telecom/news/indian-express-july-5-2016-trai-free-data-paper-paytm-to-hike-the-responses-from-other-companies
<b>Here's a look at responses of other players like Paytm, Hike Messenger, Nasscom, Centre for Internet Society to TRAI's paper.
</b>
<p style="text-align: justify; "><a class="external-link" href="http://indianexpress.com/article/technology/tech-news-technology/trai-free-data-paper-paytm-hike-datawind-nasscom-response-2894657/">This was published in the Indian Express on July 5, 2016</a>.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">While telecos are not too happy with Telecom Regulatory Authority of India (TRAI)’s proposal for TSP-agnostic platforms to provide free data, other companies and groups have also responded to the paper.</p>
<p style="text-align: justify; ">On May 19, TRAI released a consultation paper on how to provide free data for consumers and whether a TSP-agnostic platform was one possible solution. TRAI in its paper asked if it was possible to give out free data as rewards to customers, and whether such models should be regulated. Here’s a look at responses of other players like Paytm, Hike Messenger, Nasscom, Centre for Internet Society, etc to TRAI’s paper.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/Mobile.jpg" alt="Mobile" class="image-inline" title="Mobile" /></p>
<p style="text-align: justify; ">Paytm has also issued an official response to TRAI’s paper.</p>
<p style="text-align: justify; "><b>Paytm</b></p>
<p style="text-align: justify; ">Paytm’s response indicates it views TSP-agnostic platforms for free data as being against the principles of Net Neutrality.</p>
<p style="text-align: justify; ">In the response Paytm has said, “Telecom Service Providers (TSPs) being the producers/owners of data have an undue advantage compared to others if award is provided in the form of free data. Award in the form of free data can be used to replicate the effect of zero cost of access for selected sites, an outcome that is against the principle of Net Neutrality.”</p>
<p style="text-align: justify; ">The company says free data won’t solve the problem and instead of giving data back as rewards, a neutral currency should be employed as an incentive.</p>
<p style="text-align: justify; "><b>Datawind</b></p>
<p style="text-align: justify; ">Tablet maker Datawind has also responded to the paper and said that a “TSP-agnostic platform as suggested in this consultation paper would benefit the ability of content providers and application providers in delivering affordable internet access.”</p>
<p style="text-align: justify; ">Datawind’s statement says breaking the affordability barrier is a key issue in increasing broadband adoption in India, and “this consultation-paper is an important step towards exploring such solutions.”</p>
<p style="text-align: justify; "><b>Hike Messenger</b></p>
<p style="text-align: justify; ">Hike Messenger has also argued in favour of a “TSP-agnostic platform” and say it can allow “start-ups like ours to purchase data in bulk that in turn we can use to make certain parts of the app free.”</p>
<p style="text-align: justify; ">The response reads, “TSP agnostic platform would allow data purchase from all TSPs in the market and have a very transparent approval process to ensure that no malicious apps abuse (similar to how the<span class="Apple-converted-space"> </span><a href="http://indianexpress.com/tag/google/">Google</a><span class="Apple-converted-space"> </span>Play Store operates) and a pricing plan/rate card that would allow start-ups to purchase data potentially availing of discounts based on volume.”</p>
<p style="text-align: justify; ">It also favours some “light regulation should be employed” in case TRAI does adopt this model.</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/news/indian-express-july-5-2016-trai-free-data-paper-paytm-to-hike-the-responses-from-other-companies'>https://cis-india.org/telecom/news/indian-express-july-5-2016-trai-free-data-paper-paytm-to-hike-the-responses-from-other-companies</a>
</p>
No publisherpraskrishnaTelecom2016-07-09T02:44:49ZNews ItemTRAI Consultation Paper on Spectrum
https://cis-india.org/telecom/blog/trai-consultation-paper-on-spectrum
<b>Shyam Ponappa and A.B.Beliappa worked on this submission to Telecom Regulatory Authority of India (TRAI) on their spectrum consultation paper. The submission was made on August 21, 2013.
</b>
<p>Q.1. What method should be adopted for refarming of the 900 MHz band so that the TSPs whose licences are expiring in 2014 onwards get adequate spectrum in 900/1800 MHz band for continuity of services provided by them?</p>
<p><span style="text-decoration: underline;">Comments on Spectrum Refarming</span></p>
<p style="text-align: justify; ">1. Arbitrary Policies & Their Consequences<br />The proposed manner of refarming the 900 MHz spectrum is perceived to be as arbitrary as, for instance, the tax claims against Vodafone after the courts upheld its refutation of these claims. Such actions contribute to India’s very low rating on contracts (184 out of 185 countries in enforcing contracts in 2013: <a href="http://www.doingbusiness.org/data/exploreeconomies/india/">http://www.doingbusiness.org/data/exploreeconomies/india/</a>), and for being a very difficult place to do business.</p>
<p style="text-align: justify; ">2. Legitimacy Of Terminating 900 MHz Holdings Starting 2014<br />One question is whether a refusal to renew existing spectrum holdings in the ordinary course is legitimate, or if it needs to be tested for breach of contract in the courts. This proposed manner of withholding access to assigned spectrum is also contrary to prevalent practice, as well as to the logic of spectrum being essential to the delivery of services of a wireless operator as a going concern.</p>
<p style="text-align: justify; ">3. Must All Spectrum Be Auctioned?<br />a) Another question is whether the Supreme Court order requires that all spectrum must in fact be auctioned. If this is so, the auction of all spectrum is necessary when it becomes available.</p>
<p style="text-align: justify; ">b) This is so damaging to the public interest, however, that all reasonable efforts must be made once again to inform the Supreme Court of the facts, i.e., the technological reasons against splintering bandwidth, and the financial reasons against extracting payments that would otherwise be invested in the essential infrastructure of broadband. If the facts are presented clearly and persuasively, there may be a reconsideration of the ruling to auction all spectrum in the light of these facts, as against continuing with this ruling based on miscommunication or misinformation.</p>
<p style="text-align: justify; ">c) If there is no alternative to auctions, to succeed, the reserve price needs to be relatively low, and bidders in difficult financial circumstances must be convinced they have no better option. Perhaps one way of ensuring this is to auction for a shorter period, e.g., five years, while simultaneously laying out the path for transitioning to shared spectrum. This is because parallel developments in spectrum sharing for Authorized Shared Access and Licensed Shared Access that are being pursued in the US and the EU are likely to be deployed by then.</p>
<p style="text-align: justify; ">4. Net Benefits of Refarming<br />Given the stage of evolution and coverage of networks in India, their technological level and usage, refarming should be held in abeyance until our markets are in a position to benefit from them. This is because the detrimental effects if the 900 MHz band is cleared in the proposed manner are likely to far outweigh the benefits, as explained below.</p>
<p style="text-align: justify; ">5. Purpose of Refarming<br />What is the purpose of refarming? If the answer is the potential benefits of services from 4G technologies and products, consider the likely nature of these benefits in India. The purpose of refarming in OECD countries is to use 900 MHz for 3G and LTE for high-speed data. This is appropriate for developed economies that have large numbers of data users. In India, high-end users comprise only a niche segment (15.09 million broadband users in April 2013, despite over 725 million active wireless subscribers). Developed economies have refarmed the 900 MHz band because 3G and 4G assume widespread use of data services in the entire network. In other words, if India had a large base of high-data users, 4G networks would be required to deliver high-speed traffic. Also, such users would presumably be (a) willing and (b) able to pay [for the expensive equipment required] for these services.</p>
<p style="text-align: justify; ">6. No Economic Basis for Refarming in India<br />a) The reality is that there are insufficient data users with the willingness and ability to pay for the higher level of throughput. The present state of the economy and its trajectory pose additional constraints. More important, existing technologies are capable of delivering data services at lower cost. The priority is for access networks at lower cost, e.g., wireless middle-mile and last-mile that will enable large numbers of users to access data services at a reasonable price (“reasonable” in the cost structure of India comparable to TV services, and not in cents/minute comparable with OECD countries).</p>
<p style="text-align: justify; ">b) That said, a possible consideration is whether and how certain advanced technologies, such as “supplemental downlink” or “carrier aggregation” for augmenting capacity, may be made usable in our circumstances, and whether if certain bands are earmarked for them, such solutions can be introduced here.</p>
<p style="text-align: justify; ">7. Need: Low-Cost Last-Mile & Aggregation/Backhaul Capacity<br />How can networks be built at reasonable cost that have the capacity to deliver data services more comprehensively in India? By providing much more wireless access for the last-mile, and more middle-mile capacity (in combination with existing wired networks). This is where policies can facilitate network build-out and service delivery at lower cost. The nature of required reforms are: reduced front-end charges for wireless last mile access; reduced microwave charges (administered prices) for aggregation and backhaul; incentives for broadband delivery, and perhaps higher incentives for rural broadband delivery. Also, a whole host of initiatives can be orchestrated, as in South Korea, for instance, or Sweden, which contribute to the development of broadband services and usage.</p>
<p style="text-align: justify; ">a) South Korea*<br />South Korea’s digital economy resulted from a combination of macroeconomic, supply-side and demand-side policies and programs, with the government stimulating broadband adoption, particularly in the early years. For example, Korea’s response to the financial crisis of 1997-1998 was to increase the export strength of key sectors such as electronics. There was also a thrust on consumer credit, facilitating the purchase of consumer goods and electronics-related services such as broadband. The initiatives to push broadband deployment and adoption included tax incentives, rural deployment and R&D grants, building certification incentives, and applications support. There were also mistakes, as in the government’s choice of WiBro technology.</p>
<p>By way of illustration, a set of Korean initiatives are detailed below:</p>
<p>Table 5: Selected Korean Supply-Side Broadband Subsidy Programs</p>
<p><b>Infrastructure Deployment</b></p>
<p><b> </b></p>
<ul>
<li style="text-align: justify; ">Tax benefits (credits, accelerated depreciation, exemptions, etc.) for broadband deployment</li>
</ul>
<ul>
<li style="text-align: justify; ">Backbone provision or subsidy for broadband deployment (KII-Government program providing funding for operators to reach 40,000 govt. locations as well as rural districts) </li>
</ul>
<p><b>Technology Support</b></p>
<ul>
<li>R&D grants and tax credits</li>
<li style="text-align: justify; ">Applications support (KOREN—Korean Advanced Research Network or KII-Testbed) Building Certification & Codes</li>
<li style="text-align: justify; ">Requiring or encouraging the pre-equipping of new buildings with fibre and/or broadband access points (e.g. DSLAM)</li>
<li style="text-align: justify; ">Institution of certification programs for broadband readiness of MDUs (multi-dwelling units, based on three classes of transmission speed)</li>
</ul>
<p style="text-align: justify; ">Source: Kalba International, Inc., 2012. Ovum Consulting,<i> Broadband Policy and Development in the Republic of Korea</i></p>
<p style="text-align: justify; ">b) Sweden*<br />Sweden's regulator demonstrated a strong commitment to cover low-density areas, and one of the ways was to foster network sharing. The government promotes a broadband strategy with incentives for all stakeholders. State authorities are actively involved in the Digital Agenda for Sweden, a national initiative. In education, for instance, about 25% of all students rely to some extent on distance education. Open access policies and competition have had a significant impact on the development of broadband.</p>
<p>* Source: Digital Scotland 2020</p>
<p style="text-align: justify; ">Achieving World-Class Digital Infrastructure<br />21st December 2012<a href="http://www.scotland.gov.uk/Resource/0041/00414982.pdf"><br />http://www.scotland.gov.uk/Resource/0041/00414982.pdf</a></p>
<p style="text-align: justify; ">8. Shared Facilities<br />One way that delivery costs can be reduced is if operators share networks, so that all operators can access these networks where they are licensed to do so. This would be feasible if there were practical ways of structuring “common-carrier” or network-neutral access (as in roads, rail, flight paths and airports, ports, oil pipelines, etc.). This would require a buy-in by service providers for radical changes in approach and policies, followed by radical changes in operating networks. It is possible that open consultation with TSPs, other stakeholders, and specialists, done with the help of one or more expert facilitator/s, could yield such a solution. If this were to happen, the process of organizing structures at (a) the wholesale (network services) level, and (b) the retail (user access level) could be addressed collectively.</p>
<p style="text-align: justify; ">9. Extend Voluntary Infrastructure Sharing to Mandatory Sharing<br />We already have consortiums for passive sharing of wireless towers. This needs to be extended from voluntary commercial associations to mandatory, “common-carrier” access, after putting in place suitable commercial arrangements through negotiation. Such commercial arrangements exist for oil pipelines and for oil exploration and production, and can be structured in like manner for facilities and spectrum. They need the appropriate financial structuring with the help of financial specialists, in addition to the engineering solutions.</p>
<p>10. Shared Spectrum: Pool New Spectrum</p>
<p style="text-align: justify; ">a) An evolutionary step in this direction is to pool all available, unallocated [unassigned] spectrum, so that it can be shared by [existing] service providers. This is being pioneered in the so-called TV White Space bands in the USA, the EU, the UK, and Singapore. It can be extended to other bands here. This could be a transitional step in evolving a shared facilities model. Provided the stakeholders agree, and an equitable structure and process is devised, this will relieve the present constraints on spectrum availability by providing a common pool of spectrum.<br /><br />b) Shared spectrum is an alternative that is technically feasible and economically far more viable than fragmenting available spectrum for the exclusive use of our many operators. This also provides for complete transparency, as well as much lower capital and operating costs for society as a whole. The implication is that broadband could be made available more widely at lower cost, leading to much better productivity and payoffs. <br /><br />c) Many of the questions and associated problems would be resolved. For instance, open access would allow for each operator to choose any technology that is compatible and that does not create interference. Fees could be determined in the same manner as for taxes in inducing investment for manufacturing, as was done in South Korea. It would need a whole range of supportive measures as in the case of South Korea, and if done right, could result in tremendous gains as an organizing force in society.</p>
<p style="text-align: justify; ">11. Some 900 MHz Access (Common-Carrier) For All TSPs<br />If a portion of the 900 MHz band is set aside for shared access, it may resolve one of the most contentious problems between the GSM and CDMA operators, of access to the highly advantageous 900 MHz for its low-cost equipment and ability to penetrate buildings, i.e., better delivery. This step may create conditions that allow for stakeholder engagement for an overall resolution, including ultimately, shared infrastructure.</p>
<p style="text-align: justify; ">12. Revenue-Sharing & Consumer Surplus From Shared Spectrum/Networks<br />India’s experience with revenue-sharing after NTP-99 has shown that collections are far in excess of up-front revenues forgone. Building a sound broadband service with a combination of incentives and forbearance will lead to much greater economic benefits overall, as well as much higher collections by the government over time. The sector can once again prosper and be an engine of productivity.</p>
<p style="text-align: justify; ">Shyam Ponappa<br />Centre for Internet and Society<br />August 21, 2013</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/trai-consultation-paper-on-spectrum'>https://cis-india.org/telecom/blog/trai-consultation-paper-on-spectrum</a>
</p>
No publisherShyam Ponappa and A.B. BeliappaTelecom2013-09-18T06:36:11ZBlog EntryTRAI Consultation on Differential Pricing for Data Services - Post-Open House Discussion Submission
https://cis-india.org/telecom/blog/trai-consultation-on-differential-pricing-for-data-services
<b>The Centre for Internet and Society sent this submission to the Telecom Regulatory Authority of India (TRAI) following the Open House Discussion on Differential Pricing of Data Services, held in Delhi on February 21, 2016.</b>
<p> </p>
<h4>Download the submission document: <a href="https://github.com/cis-india/website/raw/master/docs/CIS_TRAI-Differential-Pricing_Submission_2015.01.25.pdf">PDF</a>.</h4>
<p> </p>
<h3>Post-Open House Discussion Submission to TRAI</h3>
<p> </p>
<p style="text-align: justify;">Dear Ms. Kotwal,</p>
<p style="text-align: justify;">This is to heartily congratulate TRAI once again for taking several steps, including the Open House Discussion, to ensure that various opinions about the topic of ‘differential pricing for data services’ are presented and are responded to - and are all in full public view.</p>
<p style="text-align: justify;">This brief note is to <strong>a)</strong> add to the positions and arguments submitted previously by the Centre for Internet and Society (CIS), India, <strong>b)</strong> put in writing our comments during the Open House Discussion (January 21, 2016), and <strong>c)</strong> respond to other comments shared at the same event. We have six points to share in this note:<br /><br /></p>
<ol style="text-align: justify;">
<li><strong>Forbearance is not an option</strong>: We are of the opinion that though the data services market has thus far been kept un-monitored and unregulated, and there are several reasons why this situation should not continue any more. Although the reality of differential pricing (that is data packets originating from different sources being priced differently by ISPs) was highlighted with the recent offering of zero rated packs, it is a general practice in the sector, as illustrated by widely available special/curated content packs for the user to consume data from a specified web-based source. It is not surprising that most such special/curated content packs involve an arrangement between the ISP and a prominent leader in the web-content/platform sector, such as Facebook and Twitter. Serious market distorting impacts of such arrangements are imminent if they are allowed to continue without any monitoring, enforced public disclosure, and regulatory actions by a public authority.<br /><br /></li>
<li><strong>Address differential treatment of data, and not only differential pricing</strong>: Pricing is only of the three ways in which data services can be treated differently by the ISPs depending upon the source of the data packets concerned. The other two ways are: a) differential speed, or throttling of some data packets and prioritisation of the others, and b) differential treatment of data protocols, for example, the blocking of peer-to-peer or voice-over-IP traffic by an ISP. If the public authority decides to only regulate differential pricing of data service, it is highly probable that ISPs may shift to other forms of discrimination between data packets - either in terms of prioritising some data packets over others based upon their origin, or blocking of specific protocols such as voice-over-IP to prevent the functioning of certain web-based services - and continue the market distorting impacts through these other means.<br /><br /></li>
<li><strong>Allow and define reasonable network management practices</strong>: Reasonable network management has to be allowed to enable the ISPs to manage performance on their network. However, ISPs may not indulge in acts that are harmful to users in the name of reasonable network management. Below is a set of potential guidelines to identify cases when discrimination against classes of data traffic in the name of reasonable network management can be considered justified and permissible:<br />
<ul><li>there is an intelligible differentia between the classes which are to be treated differently,</li>
<li>there is a rational nexus between the differential treatment and the aim of such differentiation,</li>
<li>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, and</li>
<li>the network management practice is the least harmful technical means that is reasonably available to achieve the aim.</li><br /></ul>
</li>
<li><strong>Establish an effective enforcement mechanism</strong>: TRAI must establish an enforcement mechanism that is open to users [and groups of users] and private sector actors as current forums are insufficient. Clear and simple rules must be established ex-ante, if they are violated - ex-post regulation must be undertaken on the basis of principles listed in the TRAI consultation paper, that is “non-discrimination, transparency, affordable internet access, competition and market entry, and innovation” <a name="fr1">[1]</a><br /><br /></li>
<li><strong>Take regulatory decisions now, but also conduct and commission further research to review and refine the decisions over a defined period of time</strong><br /><br /></li>
<li><strong>Need for better collection and proactive disclosure of statistics</strong>: TRAI publishes quarterly performance indicators statistics collected from the telecom companies about telephone, mobile, and internet sectors in India <a name="fr2">[2]</a>. It will be very useful for researchers and analysts, and allow for a much more informed public debate on the matter, if the content and form of such data are improved in the following ways:<br />
<br /><strong>Content:</strong>
<ul>
<li>
<div style="text-align: justify;">Please start collection (unless already done) and publication of not only data of average incoming and outgoing MOUs, average of total outgoing SMSs, Average Revenue Per User, and average data usage per GSM and CDMA subscriber, but distributions of the same in terms of user deciles (that is in terms of representative figures for each 10% section of users in ascending order of usage),</div>
</li>
<li>
<div style="text-align: justify;">Provide granular data about data usage across service areas and service providers (the numbers on ‘average data usage’ and total ‘revenue from data usage’ provided at present are very insufficient for the state of public debate),</div>
</li>
<li>
<div style="text-align: justify;">Provide data about internet subscriber base according to network technologies (for both wired and wireless) and the service providers concerned,</div>
</li>
<li>
<div style="text-align: justify;">Provide data about IP-based telephony across service areas and service providers,</div>
</li>
<li>
<div style="text-align: justify;">Provide data separately for the North Eastern states, and</div>
</li>
<li>
<div style="text-align: justify;">Provide granular data (separated from the corresponding state data) for all tier-1 cities.</div>
</li></ul>
<br />
<p style="text-align: justify;"><strong>Form:</strong></p>
<ul>
<li>
<div style="text-align: justify;">Please do not publish the data only as part of the quarterly reports available in PDF format, but also as independent machine-readable spreadsheet file (preferably in CSV format),</div>
</li>
<li>
<div style="text-align: justify;">Do not only publish quarterly data in separate files, but also provide a combined (all quarters together) dataset that would make it much easier for researchers and analysts to use the data,</div>
</li>
<li>
<div style="text-align: justify;">In some exceptional cases, the data is not provided in the report directly but a diagram containing the data is published <a name="fr3">[3]</a>, which should be kindly avoided, and</div>
</li>
<li>
<div style="text-align: justify;">Please publish these statistics as open data, that is in open standards and under open licenses.<br /><br /></div>
</li></ul>
</li></ol>
<p style="text-align: justify;">Further, we request TRAI to explore possibilities of distributed sourcing of data, perhaps from the users themselves, about the actual network usage experiences, including but not limited to signal strength, data transfer speed (incoming and outgoing), frequency of switches between mobile (GSM and CDMA) and wi-fi connectivity, etc.</p>
<p> </p>
<h3>References</h3>
<p> </p>
<p style="text-align: justify;">[<a name="fn1">1</a>]. http://trai.gov.in/WriteReaddata/ConsultationPaper/Document/CP-Differential-Pricing-09122015.pdf.</p>
<p style="text-align: justify;">[<a name="fn2">2</a>]. http://www.trai.gov.in/Content/PerformanceIndicatorsReports/1_1_PerformanceIndicatorsReports.aspx.</p>
<p style="text-align: justify;">[<a name="fn3">3</a>]. http://www.trai.gov.in/WriteReadData/PIRReport/Documents/Performance_Indicator_Report_Jun_2015.pdf , sections 1.43 and 1.44 (pp. 31-32).</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/trai-consultation-on-differential-pricing-for-data-services'>https://cis-india.org/telecom/blog/trai-consultation-on-differential-pricing-for-data-services</a>
</p>
No publishersumandroInternet AccessTRAINet NeutralityTelecomTRAI, OTTInternet Governance2016-03-30T13:13:30ZBlog EntryTRAI and the Disclosure of Personal Information
https://cis-india.org/telecom/blog/trai-and-the-disclosure-of-personal-information
<b>The Telecom Regulatory Authority of India (TRAI), in March 2015 invited comments on its Consultation Paper for the regulation of over-the-top (OTT) services. In an unprecedented wave of public participation, TRAI received over a million e-mails in support of net neutrality.</b>
<p>This note sets out the law in relation to the unauthorized disclosure of personal information. <i>Many thanks to Bhairav Acharya for his inputs on this</i>.</p>
<hr />
<p style="text-align: justify; ">Subsequently, on April 27, 2015, TRAI made all responses received by it public, including personal information like email addresses along with any information contained in email signatures, which invariably include a phone number or address. While disclosure of names was needed to ensure transparency in the consultation process, disclosure of personal information gave rise to criticism and questions around the legality of such disclosure.</p>
<p style="text-align: justify; ">This note sets out the law in relation to the unauthorized disclosure of personal information:<br />Section 43A of the IT Act provides for subordinate legislation to govern the manner in which sensitive personal data is collected and processed. The governance of personal information is dealt with under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“2011 Rules”). The 2011 Rules are made to give effect to Section 43A of the IT Act.</p>
<p style="text-align: justify; ">TRAI is a body corporate as per Section 3(2) of the TRAI Act. Hence, TRAI’s collection, storage, and disclosure of personal information is governed by the 2011 Rules. Rule 5(8) requires personal information collected to be held securely. TRAIs publishing of email addresses is a violation of Rule 5(8).</p>
<p style="text-align: justify; ">Rule 4 of the 2011 rules requires a body corporate to have a privacy policy. On its website, TRAI publishes a Privacy Policy. However, the Policy speaks of information gathered from the TRAI- Website. Even the wording on the Home Page of the TRAI website (that links to these policies) says “Website Policies”. It is unclear therefore, whether the Privacy Policy applies ONLY to the collection of information over the TRAI- Website or whether the Privacy Policy applies to TRAI overall. <br /><br />Either way there is an argument to be made. TRAI has failed to draft and publicize a privacy policy for the personal information it collects directly. Without prejudice to the above, if the privacy policy on the TRAI website governs this collection of email addresses, then its unauthorized disclosure is a contravention of its own Privacy Policy, specifically paragraph 2.</p>
<p style="text-align: justify; ">Since the IT Act does not enact a specific penalty for contravention of section 43A in respect of personal information, TRAI’s unauthorized disclosure will be penalized through the residuary penalty contained in section 45 of the IT Act.</p>
<p style="text-align: justify; ">Hence TRAI is liable under Section 45 of the IT Act read with Rules 4 and 5(8) of the 2011 Rules. Section 45 provides a “residuary penalty”; for those provisions under the IT Act or Rules for whose contravention no other penalty has been prescribed. For this contravention, TRAI would have to pay a compensation of 25,000/- to the affected persons or a penalty of 25,000/- rupees.</p>
<p style="text-align: justify; ">TRAI may argue that it disclosed that personal information would be disclosed/published. However, the Call for Comments Press Release says that Comments will be published. Email addresses are not comments, and therefore TRAI did not issue a prior disclaimer for the publication of this personal information – hence the disclosure of e-mail addresses is still a violation.</p>
<p style="text-align: justify; ">The remedy for violation of Section 43A of the IT Act is the Adjudicating Authority appointed under Section 46(1), which requires a person not below the rank of Director in the appropriate government to receive complaints. Since TRAI is a body corporate as per the Act, it is unclear as to who the adjudicating officer in the present case should be; and is the matter of a separate research question.<br /><br />The Appellate authority is the Cyber Appellate Tribunal constituted under Section 48 of the IT Act . It is not known if the tribunal has been constituted, and if it has; it is unknown whether it is staffed.</p>
<p style="text-align: justify; ">In the absence of clarity with regard to statutory authorities, a citizen whose personal information has been disclosed by TRAI without authorization may file a writ petition in the Delhi High Court under Article 226, or in the Supreme Court under Article 32 for issue of a writ of mandamus or prohibition, for appointment of the first adjudicating officer and also for issuance of directions in lieu of such an officer.</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/trai-and-the-disclosure-of-personal-information'>https://cis-india.org/telecom/blog/trai-and-the-disclosure-of-personal-information</a>
</p>
No publisherNehaa Chaudhari and Vidushi MardaTelecomIT ActTRAI, OTTInternet Governance2015-05-10T09:16:28ZBlog EntryTRAI - consultation Q 1- 57
https://cis-india.org/telecom/publications/TRAI%20CP-Q%201-57-Nov%2012%202009.pdf
<b></b>
<p>
For more details visit <a href='https://cis-india.org/telecom/publications/TRAI%20CP-Q%201-57-Nov%2012%202009.pdf'>https://cis-india.org/telecom/publications/TRAI%20CP-Q%201-57-Nov%2012%202009.pdf</a>
</p>
No publisherradhaTelecom2009-11-23T08:53:00ZFileTRAI
https://cis-india.org/telecom/publications/TRAI%20consultation.jpg
<b></b>
<p>
For more details visit <a href='https://cis-india.org/telecom/publications/TRAI%20consultation.jpg'>https://cis-india.org/telecom/publications/TRAI%20consultation.jpg</a>
</p>
No publisherradhaTelecom2009-11-23T08:51:35ZFileTraffic Rules, Mindset and On-Time Payments
https://cis-india.org/telecom/blog/business-standard-september-4-2019-shyam-ponappa-traffic-rules-mindset-and-on-time-payments
<b>There's no alternative to following the rules and working together with discipline for our common interests.</b>
<p style="text-align: justify; ">The article was published in the <a class="external-link" href="https://www.business-standard.com/article/opinion/traffic-rules-mindset-and-on-time-payments-119090401568_1.html">Business Standard</a> on September 4, 2019 and carried in <a class="external-link" href="https://organizing-india.blogspot.com/2019/09/traffic-rules-mindset-and-on-time.html">Organizing India Blogspot </a>on September 5, 2019.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">Payments have gained currency, pun unintended, with the sharp focus on consumer spending and the economy. The following anecdote from newspaper reports begins with a payment problem for a traffic infraction, which leads on to existential questions on behaviour and governance.</p>
<p style="text-align: justify; ">A motorcycle rider in Uttar Pradesh was booked for not wearing a helmet. Events spiralled quickly to arrive at the heart of the matter: The state of governance and our utter disregard for due process and the law. But let’s not get ahead of the story.</p>
<p style="text-align: justify; ">The rider was an electrician on contract with the UP State Electricity Board. He pleaded with the police to be let off on the Rs 500 fine, saying he earned only Rs 6,000 a month, and hadn’t been paid for four months. The police said it was the law, and issued a ticket. The electrician’s superior interceded at his request, but couldn’t convince the police to waive the fine. (It turned out that tickets had been issued to 70 policemen for traffic violations.)</p>
<p style="text-align: justify; ">The electrician checked on the electricity dues owed by the police station. Finding that they amounted to Rs 662,463 over several years, he disconnected their power supply. When questioned, he said that this was as required by the law.</p>
<p style="text-align: justify; ">The power supply to the police station was soon restored, with the customary, vague assurance that the bill “would be paid soon”. A positive outcome, however, was that the state electricity board then paid Rs 17 crore of arrears for the month of May to 9,627 contract workers, including the electrician. The remaining amount, they said, “would be paid soon”.</p>
<p style="text-align: justify; ">Why were wages delayed? Apparently because consumers delayed payments, and the electricity board didn’t have the money to pay. Employees were still owed back pay for three months. Meanwhile, a formal enquiry reportedly began on the episode.</p>
<p style="text-align: justify; ">Such incidents are not unusual. In August, there was an instance in Agra of unpaid sanitation workers responsible for the toilets at the Taj Mahal going on strike. In Noida near New Delhi, two major shopping malls, a hospital, and a school had their water and sewer lines shut off because of unpaid dues. There were apparently 107 defaulters who owed over Rs 10 lakh each, with the highest being Rs 46.35 crore.</p>
<p style="text-align: justify; ">It isn’t as though citizens and the private sector are the sole culprits, with only stray government entities defaulting. A former Confederation of Indian Industry chairperson said in an interview on television recently that while hard data on government dues to the private sector are unavailable, informal estimates of the dues from central and state governments, state-owned companies such as electricity boards, and arbitration awards, ranged from Rs 2 trillion to Rs 5 trillion. Her observation was that if these dues were paid, it would provide the biggest boost for the economy, because it would result in much-needed capital formation and economic rejuvenation. As to where the funding could be found, given the government’s finances, she replied that the same sources (for example, bonds) could be used that would fund whatever waivers or incentives the central and state governments were promising. Those funds could be channelled for productive use in capital formation by their rightful claimants.</p>
<p style="text-align: justify; ">Stepping back for perspective, the problems appear to stem from slack implementation of protocols (defined, sequential steps), whether it is the discipline of timely payments, or rules and regulations. The same malady afflicting payments shows in the disregard for traffic rules, and the confusion in disallowing tyre shredders to discourage driving the wrong way, which is even more dangerous to the public.</p>
<p style="text-align: justify; ">In some cases, the design itself is flawed. For instance, resources for infrastructure such as coal and spectrum need to be priced low to facilitate productivity. If auctioned at a premium, instead of abundant supply of good quality at reasonable prices, the supply is constrained in quantity or quality, or priced high. Other instances are of processes not thought through in terms of design (e.g, stranded power generation. A requirement of Letters of Credit (LC) for purchasing power has been around, but has not been enforced. Will a new directive enforce this, when banks acting prudently can issue LCs only to distribution companies with strong finances?) The design shortcomings could result from fragmented and episodic attention, disaggregated responsibilities, lack of professional capacity, or simply winging it.</p>
<p style="text-align: justify; ">These failings have existed over decades, regardless of the governments in office. Some initial successes, as in mobile telephony from 2003 to around 2011, or in road construction or electricity supply, have not been consistent, nor have they been convergent to yield all-round, sustainable growth of the sort that could result from well-organised orchestration across the board. They have not even been able to sustain their performance, and now comprise the troubled sectors for banking and non-performing assets.</p>
<p style="text-align: justify; ">The root causes may be in underlying contradictions in our attitudes. These include feudal and post-colonial (exploitative) notions, with the trappings of a Westminster system, without the requisite culture and preparation of policies, practices and training. The result is either government and citizens facing off in an “Us vs Them”, with citizens often being viewed in the way colonials regarded “the natives”, or episodic “schemes” that fizzle out. Our political leadership and we have to realise that we are in the same boat, and that there is no substitute for working together with discipline for our common interests.</p>
<p style="text-align: justify; ">There are no colonial masters here, only their mindsets that we adhere to, without refashioning them for our purposes. This is what we must change over time from a total-solutions perspective, from on-time payments, to law and order including traffic, to waste management,<sup>1</sup> all infrastructure, finance, industry, farming, the arts and daily living.</p>
<p>
For more details visit <a href='https://cis-india.org/telecom/blog/business-standard-september-4-2019-shyam-ponappa-traffic-rules-mindset-and-on-time-payments'>https://cis-india.org/telecom/blog/business-standard-september-4-2019-shyam-ponappa-traffic-rules-mindset-and-on-time-payments</a>
</p>
No publisherShyam PonappaTelecom2019-09-26T15:05:29ZBlog Entry