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Executive Summary

Describe about the Net Neutrality?

This assignment reflects the idea of net neutrality in these modern days. However, this study reflects that net neutrality is the major trend in these days of telecommunication industry. Several policy and issues that relates with the net neutrality has been introduce in this assignment that correlates with the social contexts of the policy of telecommunication industry. However, this study also represent the current overview of the net neutrality in India. Through the assignment, analysts describes the complexities of the net neutrality in the world and provides a special reference of India for understanding the complexities of net neutrality in India. The main reason of increasing net neutrality is the increase number of facilities that provided the network service providers to the users. Majority of network service providers in this world does not blocked the third parties activity over calling the IP in the internet connection. After launching the internet in the world since 1980s, the internet service providers still not integrated any specialization or legal rules for use of internet by the third parties. This is the key reason of increasing net neutrality in the World. From the point of view of India, net neutrality is the current as well as major challenges because TRAI (Telecommunication Regulatory Authentication of India) is still unable to implement appropriate rules and regulations including some valuable principle in terms of providing fare and clear internet service. Several policies have been described that firmly relates with the net neutrality such as policy regarding internet access, internet marketing voluntary, flaws of network, etc.

Powell & Cooper (2011) presumed that internet neutrality is one of the most technical sounding phrase as well as terrible sounding phrase within the telecommunication environment. However, Coucheney, Maille & Tuffin (2013) opined that net neutrality is the idea of understanding the working procedure of telephone lines that start to work since 20th century. From the point of view of telephone communication line, the service providers of telephone lines such as Airtel, Vodafone, BSNL, MTNL, Reliance, etc allows the user in dialling and connecting to others over internet. This type of principle is known as the net neutrality. The traffics that passes within the servers are never controlled by the Internet Service Providers. During the time of web surfing over internet when the web user used internet, they gets some speed. However, the data route in the internet remain theoretically same especially when the web user use YouTube and Facebook. Without any interference from the Internet Service Providers, users are not allowed to access any legal websites or the web service in internet. Caves (2012) argued that user can access the legal websites or the legal web service over internet with the permission of internet service providers. 

The service providers of the telecommunication service in this world never blocked the identity of the other parties over calling and also never delay the connection for one particular number. However, Cheng, Bandyopadhyay & Guo (2011) cited that the telephone communication service providers delay or block the third party’s phone number when it was forced by law. In the world, there were most f the countries such as Australia, United State of America, Europe, China, etc have set several rules for the telecommunication service providers regarding their service when it is provided an unrestricted and unfiltered phone service.

Concept of Net Neutrality Survive

During the time of 1980s or 1990s, when the internet was first launched, there were not any particular rules or regulations by the government in terms of providing services to the user. Therefore, the Internet Service Providers (ISP) did not follow any rules or regulations. However, there are telecom operators that were also Internet Service Providers (ISPs). Therefore, majority of telecom operators maintain some principles in terms of providing service to the user (Guo, Cheng & Bandyopadhyay, 2013).

Cheng, Bandyopadhyay & Guo (2011) cited that net neutrality is the concept of agreement of the men. The net neutrality is survived since few years before because majority of the internet users used internet from last 30 years. In past years, use of internet was minor. As the technology change rapidly, the use of internet increase largely. Therefore, introduction of smart phone in the community increase the use of internet widely. In these modern days, information technology grows higher and higher. Therefore use of internet is one of the major and integral part of the community. The Internet Service Providers in the world tries to make a power of shape as well as tries to control the traffic over internet according to the usage of the net by the user (Guo, Cheng & Bandyopadhyay, 2013). Apart from that, the Internet Service Providers provides several ways that allows the user in keeping alive the net neutrality. From the internet traffic, the consumers of the internet users demands for the hands off approach in terms of continuing the Internet Service Providers. The Internet Service Providers allows the user in taking the proactive approach of there is any violation of the net neutrality. The users of the internet are also allowed in registering their displeasure to the feedback form of Internet Service Provider. According to the uphold of the net neutrality, the user also rewarded the Internet Service Providers.

However, in order to create better bonding with the consumer, the telecommunication partner TRAI (Telecom Authority of India) makes several rules and regulations that are clear and precise rules in terms of protecting the net neutrality. According to the commissioner of Telecom Regulatory Authority in India, TRAI started on working to review the information regarding Internet Service Providers controls the entire traffic that flows over the internet. TRAI provides their best effort in terms of regulating the process of controlling traffic over internet. Through forming rules and set of clear overview, TRAI make the internet open and user-friendly. It allows TRAI in protecting the net neutrality. In early days, the user of internet was small. Therefore, TRAI was able to set the rule easily and track information from the internet traffic. Therefore, they faces many difficulties in terms of changing the system because now the user of internet is more than $800 billion.

In India, the concept of net neutrality does not exists. According to the director of Centre for Internet and Society in Bangalore namely Sunil Abraham, TRAI still tries to develop some rules and regulation in terms of maintaining the net neutrality in India. For instance, in 2006, the Telecom Regulatory Authority in India invited the concepts of the net neutrality fro, the stakeholder and industry’s perspective. However, it has been seen that, there were not any formal set of rules or regulations that formed for the enforcing as well as upholding net neutrality.

State of Net Neutrality in India

On the other hand, Coucheney, Maille & Tuffin (2013) argued that the Internet Servce providers in India such as Airtel, BSNL, MTNL, Reliance, Tata DOCOMO, Vodafone, Aircel, Idea, etc are mostly adhere to the net neutrality from the point of view of set of principle. Majority of the Internet Service Providers in India ignored the net neutrality. Crocioni (2011) opined that usage of data traffic is increased higher and higher as well as exponentially of TSPs. Therefore, increase of internet develops several issues from the point of view of internet access. In present scenario, it has been identified that people or the web user demand for the free and open access service in Internet. Firth & Pierson (2011) argued that, majority of web user demands for the free access service over internet without any restrictions. It has majorly increased due to the preliminary advocates if different types of Application Service Providers availability in Internet. In order to ensure the open internet access, the internet operator has to build the several regulatory such as Act for free usage, develop situation as well as employ various strategies that helps in dealing with the issues of Over the Top services.

4.1 Policies on Net Neutrality

According to the directors of TRAI (Telecom Regulatory Authority of India), the internet service providers have not to provide any licence fees till October, 2003. Therefore, from the 1st November 2003, the Internet Service Providers has to token a license fee that was costly Rs. 1 per annum that was payable to W. E. F. In India, there is not any restriction on providing number of service to the user in all three categories of internet service areas such as A, B and C. According to the review report of Groh (2012), there are more than 390 Internet Service Provider licensees out of 135 ISPs in India. Guo, Cheng & Bandyopadhyay (2012) cited that in India, there are majority of ISPs operate multiple service except Vodafone. According to the review report of 2010, there were more than 12 million internet user within al part of India. The use of internet was increased after launching the mobile phone in India in 2002 (Owen, 2015). Therefore, more than 20 Internet Service Providers created the subscribers in India that are more than 97% of the subscribers. During that time, only 2% subscribers were created by the other Internet Service Providers (ISPs) in India. Majority of internet subscribers were created by the Airtel in the telecom market in India. The board of Telecom Regulatory Authority in India, provided 128 Internet Service Provider licenses in terms of service internet telephony (Greenstein, 2006). However, only 32 ISP have started to provide service of internet telephony in the telecom industry in India. Moreover, the consultation report of Telecom Regulatory Authority in India reported more than 72 millions Minutes of Usage on the internet telephony. The major telecom partner in India such as Vodafone, Airtel, Uninor, Aircel, Idea, etc accounted 95% of Minutes of Usage in Indian telecom Industry (Bourrea, 2015). From this report, it has been understand that, few of the licenses contributed their service to the Internet Services. According to the released report of Telecom Regulatory Authority in India, it has been understand that majority of Internet Service Providers has more than 12 subscribers in India. This description also supported by the Indian Telecom Service Performance Indicator Report.

In India, the stand alone Internet Service Providers is only provide the plain Internet Access services such as Internet Lease Line, Internet Broadband Service, Dialup Internet, etc. Coucheney, Maille & Tuffin (2013) argued that more than 65% user in India that subscribe internet are still use dialup internet access. Through the use of node in network, the web user in India accesses internet from the Internet Service Providers. In India, the user has not to pay any charges for rules or regulation maintenance (Owen, 2015). They have to pay only for the usage of Internet from Internet Service providers (Cheng, Bandyopadhyay & Guo, 2011). However, recently majority of Internet Service Providers charges extra payment for the rules and regulation maintenance that known as the tax of internet usage (Trai.gov.in, 2015). The network system of the internet are set in a way that charge of the internet are paid directly to the internet service providers. Apart from that, the charge of internet usage especially the minutes of the internet usage for the most of dialup internet connections are low in India rather than other countries in the world such as United State of America, United Kingdom, etc.  Bourrea (2015) opined that the charge of dialup internet usage in the internet network is marginally low rather than the other countries because majority if user in India used Broadband Service.

In India, the chares of broadband service is comparatively low rather than other countries throughout the world. The internet user in India that demands for higher internet usage pattern preferably shifted to the broadband service rather than using dialup network connection. The Internet Service Providers has not the last mile access in India. Therefore, there are many Internet Service providers that lay their own network in several part in India in terms of providing broadband internet service. This is the main reason of internet charges become high in India. Apart from that, as the ISPs laying their own network in several part for providing broadband service, there is not any viable for the small ISPs.

In India, the ISPs has limited penetrations. However, the director of TRAI said that they provides the facility to the ISPs in terms of net neutrality that allows in establishing the last mile including optical fibre, radio signal technology, underground copper cable, etc (Coucheney, Maille & Tuffin, 2013). Therefore, ISPS have to invest huge for this connection and they may adequate less return on investment.

In the telecom industry in India, there are large number of internet service providers available with low scope because majority of them are affected as a license victim. In 2009, the Department of Telecommunication (DOT) set some reasonable and unreasonable practices through explaining the way of several techniques that considers the degradation or blockage in terms of congestion reduction within a particular traffic such as Voice Over Internet Protocol (VoIP). Apart from that, DOT also provides the information that equivalent to the consumption or the QoS (Quality of Service) (Trai.gov.in, 2015). Moreover, based on the content of the internet usage, DOT also set the practices of management in terms of justifying the harm of the user in internet networks (Owen, 2015).

Blockage or the blocking rules of Department of Telecommunication helps in demonstrating the specific service that falls under the group of traffic degradation. For instance, Department of Telecommunication has flagged the issues regarding misuse of Internet Service Provider license (Cheng, Bandyopadhyay & Guo, 2011). Moreover, the complicated business model of the Department of Telecommunication allows in identifying the intensity that meet with the  need for in-depth discussion such as large number of licences that considers the limited subscribers  as well as virtually contributed in the growth rate of internet.

According to the recommendation of the spectrum allocation that government has been requested for allocating more than 200 MHz with the spectrum rate in 3.2 to 3.4.

On the other hand, Hart (2011) presumed that differentiation of services was legitimate for commercial choice that undertake on seeking in terms of making the service of internet usage more interactive as well as attractive rather than the available competitor in India. Apart from that, the differentiation in Internet Service usage is allowed the ISPs in increasing customer service regarding the choice and welfare of the consumer (Ly, MacDonald & Toze, 2012). Moreover, the positive differentiation such as out of cap delivery, higher priority, etc generated benefits for the specific ISPs that concern around the same condition regarding delivery of favourable content (Fas.org, 2015). For example, in present environment of internet industry in India considers the high Capex requirement, limited ability of spectrum that allows the ISPs in building the networks in low rate and make high return of investment (Trai.gov.in, 2015). It can also helps in mitigating the problem regarding broadband connections.

The region of Bangalore and Delhi is provision on the net neutrality demand throughout the India that an Internet Service Provider (Electronic Communication Providers) does not make any traffic discrimination as well as also never make the negative or the positive differentiation in Internet Usage.   

In terms of ensuring the adequate service characteristics in the internet network that make the case specialised service for the Internet Service Providers. Majority of the Internet Service providers in India collaborate with each other and use the laying fibre optical for providing broadband service to the user (Cheng, Bandyopadhyay & Guo, 2011). It allows them in maintaining low cost in their service and achieves great return on investment. In terms of implementing the proper ad specific business models within the telecom industry in India, the ISPs pleasures the place properly for understanding the use of internet. It assists the organisation in understanding as well as building the specialised services with the net neutrality from the point of view of data volume pricing (Ly, MacDonald & Toze, 2012). For example, Airtel operators launched the new 4G LTE internet access facilities within the all metro cities in India through understanding the requirement and demand of high speed internet for daily usage. Apart from that, the net neutrality in India offers specialized services that differ from the service of internet access that generally guaranteed about the quality of service (Trai.gov.in, 2015). The Internet Service Providers provides the specific content to the web user. The most frequent applications that offered by the operators in India are Voice Over Internet Protocol such as WhatsApp calling, face book calling, we chat calling, etc, IP Television such as watching movie online, access of special episode link or online music, etc and Video on Demand such as video on Internet like YouTube, etc. Hartman (2012) argued that access of specialised service in the internet some time slow the internet connection because it share wide range of access resources such as unutilized the static and dynamic  capacity regarding allocation. However, in India, it has been seen that only 15 percent of the operators are cover the speed and maintain the speed in internet access and majority of operators unable to manage the networks the specialized service. For example, when the user used dial up connection and watching video online, the surfing speed of the internet are always slow down (Fas.org, 2015). It demonstrates the bandwidth rates of the operators are not as much as required for watching video online. In major cases, web user finds problem such as buffering during the online watching of movie or new released video (Coucheney, Maille & Tuffin, 2013).

The net neutrality in India has several trends such as ban on traffic through law or the voluntary, development of minimum Quality of Service, designing of specialized service, etc. in the India, there is available several technologies that user friendly and make capable in improving the voice quality over internet (Coucheney, Maille & Tuffin, 2013). Apart from that, the technologies are also allows the operates in providing high quality service with restriction of ISPs that rise in the gray market in India. Moreover, the use of internet is increased and the calling facilities of different application that works in internet usage such as Facebook calling, WhatsApp Calling, etc because the internet telephony is much lower regarding costs rather than the voice call (Cheng, Bandyopadhyay & Guo, 2011). Apart from that, internet telephony provides the comparable speech quality. However, majority of internet subscribers are encouraged the use of internet telephony though it is not legally permitted in India.   

Policy Scenario 1: The policy scenario 1 is related to the market especially gray market in India. In the Indian gray market, there are several users that frequently access internet through the available devices such as smart phone, computers, tablets, etc. In the gray market in India the calling function in internet that called the internet telephony illegally to PSTN abroad. In the Indian gray market, the user is allowed to connect regular telephone instrument in terms of calling to others over a broadband internet connection through the set of adopter that provided by the foreign companies such as D-Link, Betel, Siemens, etc (Ly, MacDonald & Toze, 2012). In order to make the call or receive the call, users have to use these technologies. The adopters that used in order to make the internet telephony converts the voice into data and sending it to the other parties through the internet using the voice over internet protocol (Zelnick & Zelnick, 2013). In India, the license conditions allow in permitting using the Internet Protocol based on H. 323/SIP Terminals. This terminal are same for both the India and other countries in the world. Apart from that, in order to mitigate the problems of illegal use of internet service, Telecom Regulatory Authority of India intimated the Department of Technology (DOT) (Werkmeister, Post & Becker, 2014). It helps in tracking the illegal use of internet IP through addressing scheme namely IANA.

Policy Scenario 2: This is referred to the code of conduct that considers the marketing voluntary in the internet or telecom industry in India. In India, the internet service providers maintain high standards and enunciate of professional and ethical practices within the environment of internet services (Voss & Musall, 2011). The Internet Service Provider Association of India and the members of the organisation took the responsibilities of adhering the law and co-operate with the enforcement of law agencies that act with the specified Indian Legal Framework. Apart from that, The member of ISPAI helps in never engaging the internet user within illegal activity according to the Information Technology Act 2000 (Verma, 2011). This policy provides in applying the legal framework for the internet user. Moreover, in terms of using the internet service in India, the user have to maintain or follow the jurisdictional and adhere laws that pertaining with the transaction reporting (Trak.in - Indian Business of Technology, Mobile & Startups, 2015). Apart from that, according to the Information technology Act 2000, the members of internet users and the promotional services area may encourage anything with the penalty because this is an way of awfulness. The members of the ISPAI is also follow their duty proper in terms of harmony the professionals and public according to the legitimate of interest and right Public Service Initiatives that provides the service (Fas.org, 2015). For provision of internet service, the internet users have to abide the terms of conditions of the legal licences agreement for the letter spirit (Shin & Han, 2012). The members of the internet service providers has to make code of conduct that will be clear with the clients in terms of providing the distributors or the channel partners in terms of breaching code of conduct. Apart from that, violation of law also has to be involved within the internet service providing operators.

Hazlett (2011) cited that the rules and regulations of net neutrality in India is illegal. In India, the broadband service providers offer people that willing to pay extra for the usage rate of the internet service. Apart from that, Ho Yul Chung & Mukharjee (2012) cited that it is fare and legal from the point of view of rules and regulation of the Telecom Regulatory Authority in India. It helps in ensuring that each and everything has fare share of the bandwidth. However, in major cases it has been seen that majority of the network service providers provides service without pay extra for the usage rate of internet. That is totally crime in perspective of internet use. On, Hootma, (2013) argued that fast lane service can allows in saving the life of the people. For example, telemedicine is one of the most use in the environment of health care service. In these modern days, the surgeon often use the risk remote surgery in terms of treating patient in a better and more comfortable way through video streaming.

Development of reasonable pricing system, regulation affected greatly within the welfare of the economy (Read, 2012). Apart from that, most important method that affected the net neutrality in India is the politics. Politics created great effect on every aspects of the India. In this typical culture, it has been too much tough in developing the reasonable pricing system. It greatly affected to the welfare of the economy (Fas.org, 2015). Therefore, government of the India has to set rules and regulations for their homogenous resources such as natural gases according to their categories (Raabe, 2011). The pricing mechanism is also one of the tough situation in India. It has been very hard to imagine the complex situation of mechanism of pricing regarding internet usage. Within the environment of Internet usage, wide range of broadband technologies are available that considers the wide range of broadband service for the web user in India.

The main debated that identified within the India is the price of the service of net regulatory. In India, there are majorly seen that people usage internet without paying fare to the company. Therefore, it is more reasonable that government of the India has to set rules and regulation with the help of Telecom regulatory Authority in India in terms of making standardized pricing of the broadband service. Jain & Kannan (2012) acknowledged the several issues that relates with the net neutrality in India. For example, the Wallsten and Hahn used the natural gas price was divided into five tires. Each of the prices was divided into different segment such as one tier sold the gas, one tier sold the price that depend on the base of the gas. However, according to the Natural Policy Gas Act 1978, there were more that 25 categories form the point of view of gas pricing. In India, the largest search engine Google provides the free Wi-Fi internet in terms of powered their advertisement through internet usage. However, majority of internet user used the free internet service for accessing free site in internet rather than searching the ads page of Google.

Apart from that, Internet telephony services are not properly licences within India. Moreover, the internet service providers in India are also not paying any revenue share to the government that causes the loss revenue for the country’s economy. Apart from that, lawful inspection such as verification of users, traffic control over network, etc are also not properly maintained within India. Joch (2009) assumed that it is one of the big challenges as well as difficult tasks in India due to extreme use of illegal work. The main issues of illegal work in India comes from the internet service providers. The operators of the Internet service providers detent for illegal work. According to Jordan (2011), majority of person in India tries to use the most cheaper and user friendly network service that provides them higher facilities. In terms of accessing cheaper service, they are willing to illegal work.

The Telecom firms in India and the Telecom Regulatory Authority in India are much affected by the players of Over the Top that played the important role on conducting rules and regulations for the Internet Service usage by the users (Publishing, 2013). The fear of the TRAI and most internet operations ate survival and existence because of mere revenue.

According to the review report of TRAI, more than 214 billion international calls were made in the year of 2013 in India. Therefore, it took the 40% of global calls market in telecom industry. It causes huge revenue losses for the Network Operators in India. The director of the TRAI said that the OTT services innovate their services regularly. Therefore, customers got the full hd video calling service in free of cist just only pay for internet usage. Moreover, the quality of calling through Google voice service and Skype is improving rapidly. The quality of calling service of Skype is more reliable of Skype rather than earlier. It matches with the circuit switches call (Coucheney, Maille & Tuffin, 2013). As the people demand for cheaper service in India, internet telephony service is widely used (Publishing, 2013). According to the management staffs of the Telecom Regulatory Authority in India, the services of Over the Top is singly covers the much revenue in the telecom industry using their easy and reliable platform (Powell & Cooper, 2011). Therefore, TRAI now tries to implement the regulation over the services of OTT in order to increase revenue from the telecommunication industry. Due to excessive use of Internet, the TSPs have to concern more in order to remove the issues or challenges regarding difficulties of congestion and bandwidth. According to the review report, only 10% internet user consumed more than 90% bandwidth of the network operators. The mobile users are come from the point of view of consume in the Internet service. Apart from that, the uses of online movie or watching serials in Internet are become more popular in India. It gathers huge traffic on the network. For example, more than 60% bandwidth were consumed due to use of video streaming service in India. Therefore, skewed condition is compiled by the TSPs in terms of dividing the business models as well as various strategies that firmly relates with the capability and capacity issues regarding internet usage (Coucheney, Maille & Tuffin, 2013). 

Kögler & Kruse (2011) acknowledged that openness is the guiding principle of the Internet. This is the key concept of growth of internet use in these modern days. The internet service providers or the developers of the internet web pages achieve higher success through innovating the several operations in internet. Moreover, Krämer, Wiewiorra & Weinhardt (2013) cited that in the Internet area if the in business organisation develop their own portal and introduce the online business in the market, they are able to achieve higher success and large customer base.

In order to avoid the Net Neutrality in India, the web user has to maintain the decision that provided by the TRAI. In the telecommunication industry, TSPs helps in discriminating the certain types of political opinions and content. This can allows in hurting this kind of policies through diminishing the innovations in the complementary sector such as content dissemination, computer applications development, etc. The discriminate of pricing proposals have to be build through variety of ways that brings the significant of anti competitive in telecommunication industry (McKee, 2011). If the network access left unrestrained by the rules and regulations, need to provides services through providing incentives regarding content applications that available free in internet resources.

According to Lipschultz (2012) mandating net neutrality will be the appropriate or suitable way regarding inconsistency with the sound economic management within the environment of internet. Innovation in applications development will be the better way of achieving the innovative respond towards price signals from the view point of platforms service providers such as producers of broadband services. It can allows in taking into account the potential congestions costs regarding applications of bandwidth intensive. In certain sector, there have to be fast line internet. It can helps the content providers in enabling the quality in terms of ensuring priority of delivering content such as telemedicine.

Moreover, Long live net neutrality (2015) opined that building blocks or developing rules and regulation regarding the Net Neutrality will be effective way of imposing in these modern days usage rate of data traffic. TRAI has to set the priority for the Internet service Operators in terms of increasing the cost of the internet usage. Apart from that, TRAI has to set rules and regulations for advertising through internet in India. Caps will be the better process of earning through advertising and implement strongest advocates for the net neutrality. Moreover, Ly, MacDonald & Toze (2012) argued that if any TRP threaten by the Google or Amazon from the point of view of charge, need to withdraw the service from that TSP. It will be the exact methodology for maintaining regulatory in India (Marsden, 2010). Moreover, the Internet Operators have to maintain proper pricing structures that allows in increasing earning because proper structure helps in handling properly to the hungry internet user through motivating them for charged for extra usage.

Conclusion

This study analysed the current situation of Net Neutrality in India. The analyst described that in India, the network providers such as Airtel, BSNL, Vodafone, etc used their best endeavours that help in preserving the neutral and open character of the internet. For example, in India the spectrum of wireless broadband service is he limited service providers. According to the director of Telecom Regulatory Authority in India recently recommended the spectrum allocation for the wireless broadband.

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