TRAI issued Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016

Telecom Regulatory Authority of India(TRAI) had issued the ‘Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016’.

Key Highlights

• The act will prohibit the service providers to charge unfair taxes for data services on the basis of content used by a consumer.
• The aim of the Regulations is to ensure that consumers get an unobstructed and non-discriminatory access to the internet.
• TRAI will take care whether the regulation will be properly implemented or not by the service providers and will commence assess after two years or at an earlier date as it may suppose to fit.
• The service providers are allowed to charge differential tariffs based on the websites/ applications/platforms being accessed on the internet after getting the responses and the internal deliberations, the Authority had now issued the Regulations 2016.

Some of the mandatory conditions are given as

1. No service provider will offer or charge unfair tariffs for data services on the basis of content.
2. No service provider shall enter into any arrangement, agreement or contract, by whatever name called, with any person, natural or legal, that has the effect of discriminatory tariffs for data services being offered or charged by the service provider for the purpose of evading the prohibition in this regulation.
3. Providing emergency services at times of public emergency has been permitted with low taxes for accessing data.

Financial discouragement for contravention of the regulation has also been specified.