On 8th Feb 2016, TRAI came out with a tariff order prohibiting telecom service provide to charge discriminatory tariffs for data services on the basis of content (Section 3 (1), page 2 of TRAI’s order dated 8th Feb 2016). It also prevented services providers to enter into an arrangement, agreement or contract with anyone which will have the effect of offering discriminatory tariffs for data services to consumers on the basis of content ( Section 3 (2) of the order dated 8th Feb 2016). In section 32 (page 14) under the explanatory memorandum, it has also clarified that “providing limited free data that enables a user to access the entire internet is not prohibited. This means that anyone including a TSP can offer free data if access to that data does not restrict the consumer’s ability to access the entire internet and all its content (with that free data so offered).
On 19th May 2016, TRAI came out with a consultation paper on “Free Data”. In page 3, section 7 of the consultation paper TRAI says that “The regulation issued on 8th Feb 2016, only addresses the question whether TSPs should be allowed to offer differential pricing for data usage for accessing different websites, applications or platforms. The other question related to possible alternate solutions for addressing the issue of providing free data access to users remains unaddressed“.
