In its recommendation order, the Telecom Regulatory Authority of India has indicated that these principles of non-discrimination and equal access can be brought into force with amendments to the license agreements that govern bodies which provide Internet services in India. These discriminations apply specifically to 'Internet Access Services, ' which are generally available to the public.
The first being the recommendation sent to the Department of Telecom, which requires subsequent action by both the department as well as relevant ministry to make binding rules to protect Net Neutrality.
He said that the right to access to the internet was "non-negotiable", and that no single body will have any monopoly over internet services.
Even as TRAI's recommendations are being hailed by Net Neutrality supporters, it is worth noting that these are still recommendations and that the implementation still holds the key for a full-fledged rollout.
Trai's recommendation comes days after United States Federal Communications Commission (FCC) led by Ajit Pai suggested plans to scrap landmark 2015 rules meant to ensure a free and open internet.
Indian telecom regulator TRAI has released its recommendations on "Net Neutrality". They should not throttle, they should not provide fast lanes, they should not block, that is what it is. "You will find answers regarding OTT (over-the-top), VoIP (Internet based calls)", Trai Chairman RS Sharma told reporters on the sidelines of an open house discussion on in-flight connectivity (IFC) for providing phone call and data services.
"There are some exceptions which have been allowed, but that is for services that don't mirror what is on the Internet, or are critical services which need to be specified by the government", Pahwa observed.
The telecom sector watchdog said the Internet service providers (ISPs) can not be discriminatory in providing Internet access as it is an open platform based on the Constitutional right of equality. The recommendations are completely consistent with the basic construct of NASSCOM recommendations calling for unrestrained and unimpeded access to all lawful content and services subject to national regulations related to security and privacy, and preventing service providers leveraging their exclusive control over access infrastructure to speed up, slow down or selectively enable or prevent access to certain content. He should have the freedom to exercise traffic management practices.