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TRAI rules against differential pricing for telecom services; imposes penalty of Rs 50,000 per day for offenders
NEW DELHI: In what is clearly a major win for crusaders of net neutrality, the Telecom Regulatory Authority of India (TRAI) has ruled against differential pricing and said no service provider will enter into any arrangement or contract that has the effect of discriminatory tariffs for data services.
TRAI reserved the right to either ask a service provider to withdraw any discriminatory tariff or impose a penalty of Rs 50,000 per day (subject to a maximum of Rs 50 lakh) for discriminatory tariffs charged by service providers. The decision of the Authority as to whether a service provider is in contravention of this regulation will be final and binding.
‘The Prohibition of Discriminatory Tariffs for Data Services Regulations 2016,’ issued today comes into effect immediately and will be reviewed every two years.
TRAI said allowing service providers to charge differently for data could compromise the entire architecture of the internet. “Prohibition of discriminatory tariff is necessary to ensure that service providers continue to fulfill obligations in keeping internet open and non-discriminatory,” TRAI said.
The Regulation has been issued after reviewing the responses received by the regulator to its Consultation Paper on Differential Pricing for Data Services issued on 9 December last year. As was reported earlier by Indiantelevision.com, major broadcasters like Star India, Sony Pictures Networks India and Zee Network submitted their comments to TRAI in favour of net neutrality citing the drawbacks of differential pricing for telecom services.
TRAI said the paper was issued because two key principles of tariff regulation – non-discrimination and transparency were getting impacted from such practices and required consultation.
While almost all the broadcasters opposed differential rates, the telecom and internet service providers felt that this was necessary particularly in view of the deluge of over the top (OTT) services expected to come in.
The general economic concept of ‘price differentiation’ covers all practices where a seller of goods or provider services charges different prices from different consumers, either for exactly the same goods or service or for slightly different versions of the same goods or service. The ‘service’ being referred to in the context of differential pricing of data services is the units of data or bits that a person consumes in order to access the internet. This understanding is also qualified by the fact that the current regulation refers to a particular category of price differentiation – that is content-specific.
While ruling out differential pricing in such cases, TRAI put a proviso: “Provided that this regulation shall not apply to tariffs for data services over closed electronic communications networks, unless such tariffs are offered or charged by the service provider for the purpose of evading the prohibition in this regulation.”
It also said, “A service provider may reduce tariff for accessing or providing emergency services, or at times of grave public emergency, provided that such tariff shall be reported to the Authority within seven working days from the date of implementation of the reduced tariff and the decision of the Authority as to whether such reduced tariff qualifies under this regulation shall be final and binding.”
The penalties will be imposed only after the service provider has been given a reasonable opportunity of representing against the contravention of the regulation. The amount payable by way of financial disincentive under these regulations will be remitted to such head of account as may be specified by TRAI.
The regulator also said, “Nothing contained in these regulations shall affect any packs, plans or vouchers with unexpired validity subscribed by a consumer before the date of commencement of these regulations, provided that no such pack, plan or voucher shall be valid beyond a period of six months from the date of commencement of these regulations.”
Explaining the rationale for the paper, TRAI said, “Some practices have come to the notice of the Authority wherein differential tariffs were offered based on the content, websites, applications, platforms.”
It also said the appropriate regulatory response on the issue of differential pricing must necessarily be grounded in a sound understanding of the basic architecture of the internet. Any proposed changes in business models and commercial practices must also be seen in the context of the need to preserve the unique architecture of the Internet as a global communication network.
The Internet and Mobile Association of India (IAMAI) welcomed the Regulation as a bold and fair move. It said net neutrality would be ensured with TRAI explicitly clarifying its stand in a very clear and transparent ruling about differential tariffs and agreements. The association had taken a ‘no exception standpoint’ against differential pricing.
“This ruling vindicates the associations stand on the issue. The internet Start-up eco-system and the internet user community are delighted,” IAMAI said.
IAMAI has also welcomed the move that TRAI will be the ultimate authority to decide the cases of violations of this ruling and that the decision of the authority will be final and binding.
However, the association voiced a concern on the exceptions as to how this will pan out. The association hoped that the exceptions to the rule will not be misused by the TSPs. The exception states “…regulation shall not apply to tariffs for data services over closed electronic communications networks…”
Meanwhile, the campaigner change.org claimed a massive victory and said “History has been created!” It said nearly 3.75 lakh Change.org users had supported Net Neutrality.
The nationwide campaign that unfolded over almost a year was started by Sandeep Pillai, a techie from Kollam in Kerala.
NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.
The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.
Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.
The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.
Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.
Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.
The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.
Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.
Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.
The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.
Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.
