WhatsApp, Viber, Facebook Messenger services not under purview of Net Neutrality

MUMBAI, INDIA: The Department of Telecommunications, which released its report on Net Neutrality, said that it was not in favor of regulating OTT messaging apps.

The Net Neutrality Committee report clearly states that OTT services like WhatsApp, Viber, Facebook Messenger should be actively encouraged and that regulatory norms are not required for messaging OTTs.

Available on the DoT website, the report by the Net Neutrality Committee set up by DoT, has recommended that user rights on the Internet need to be ensured so that telecom and Internet service providers (TSPs/ISPs) do not restrict the ability of the user to send, receive, display, use, post any legal content, application or service on the Internet, or restrict any kind of lawful Internet activity or use.

However, the committee has maintained that the primary goals of public policy in the context of Net Neutrality should be directed towards achievement of developmental aims of the country by facilitating Affordable, Quality and Universal Broadband for its citizens.

On Voice Over Internet Protocol (VoIP) OTT communication services, the report notes that these services are bypassing the existing licensing and regulatory regime as these services create a non-level playing field between TSPs and OTT providers both competing for the same service provision.

It highlights that regulations for VoIP services are also under deliberation in other countries and that the European Commission has argued for a need to review telecom rules in order to ensure a level playing field.

The report goes on to note that the current pace of VoIP has the potential of disrupting existing telecom revenue models. This may decelerate the pace of telecom infrastructure expansion, and disrupt investment in telecom sector which is much needed in order to increase broadband reach, speeds, bandwidth capacity, the report cautions.

According to the report a graduated and calibrated public policy is required to manage the transition from voice to data-centric networks for a level playing field. Where international VoIP calls are concerned made over Skype, it calls for a liberal approach.

However, it suggests that domestic calls provided by both TSPs and OTTs may be treated similarly from a regulatory angle for the present.

About tariff plans offered by TSPs/ISPs, the report says that the service providers must conform to the principles of Net Neutrality set forth in guidelines issued by the Government as Licensor and that TRAI will also examine the same.

In addition the government will include a clause that the licensee will follow the core principles of Net Neutrality in the license conditions of TSP/ISPs, while granting licenses.