Prohibition of
Discriminatory Tariffs for Data Services Regulations, 2016[1] [8th
February, 2016] In exercise of the powers
conferred upon it under sub-section (1) of Section 36, read with sub-clause (i)
of clause (b) of sub-section (1) and sub-section (2) of Section 11, of the
Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Telecom
Regulatory Authority of India hereby makes the following regulations, namely— Chapter
I PRELIMINARY (1) These regulations may be
called the Prohibition of Discriminatory Tariffs for Data Services Regulations,
2016 (2 of 2016). (2) They shall come into force
on the date of their publication in the Official Gazette. (1) In these regulations,
unless the context otherwise requires,— (a) “Act” means the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997); (b) “Authority” means the
Telecom Regulatory Authority of India established under sub-section (1) of
Section 3 of the Act; (c) “closed electronic
communications network” means a communications network where data is neither
received nor transmitted over the internet; (d) “consumer” means a consumer
of a service provider and includes its customers and subscribers; (e) “content” includes all
content, applications, services and any other data, including its end-point
information, that can be accessed or transmitted over the internet; (f) “data services” means
services offered or provided to a consumer using any equipment, technology or
medium, including wireless and wireline technologies, to access or transmit
data over the internet; (g) “discriminatory tariffs for
data services” means charging of different tariffs by a service provider for
data services based on the content accessed, transmitted or received by the
consumer; (h) “internet” means a global
information system that is: (i)
logically
linked together by a globally unique address, based on Internet Protocol (IP)
or its subsequent enhancements or upgradations; (ii)
able
to support communications using the Transmission Control Protocol/Internet
Protocol (TCP/IP) suite or its subsequent enhancements or upgradations, or
other IP compatible protocols; (i) “licence” means a licence
granted or having effect as if granted under Section 4 of the Indian Telegraph
Act, 1885 (13 of 1885); (j) “licensee” means any person
licensed under sub-section (1) of Section 4 of the Indian Telegraph Act, 1885
(13 of 1885) for providing specified public telecommunication services; (k) “regulations” means the
Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016; (l) “service provider” means
the Government as a service provider and includes a licensee; (m) “tariff” means the rates
and related conditions at which data services are offered or provided by the
service provider, including free data, usage charges, refunds, installation
fees, deposits, rentals, and any other related fees or service charges. (2) All other words and
expressions used in these regulations but not defined, and defined in the Act
or rules, regulations and orders made thereunder, shall have the meanings
respectively assigned to them in the Act or such rules, regulations or orders,
as the case may be. Chapter
II PROHIBITION
OF DISCRIMINATORY TARIFFS FOR DATA SERVICES (1) No service provider shall
offer or charge discriminatory 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 to the consumer on the basis
of content: Provided that this
regulation shall not apply to tariffs for data services over closed electronic
communications networks, unless such tariffs are offered or charged by the
service provider for the purpose of evading the prohibition in this regulation. (3) The decision of the
Authority as to whether a service provider is in contravention of this
regulation shall be final and binding. Notwithstanding anything
contained in Regulation 3, a service provider may reduce tariff for accessing
or providing emergency services, or at times of grave public emergency: Provided that such tariff
shall be reported to the Authority within seven working days from the date of
implementation of the reduced tariff and the decision of the Authority as to
whether such reduced tariff qualifies under this regulation shall be final and
binding. Chapter
III MISCELLANEOUS (1) If a service provider is in
contravention of these regulations, the Authority may, without prejudice to the
terms and conditions of licence, or the Act or rules or regulations or orders
made, or directions issued, thereunder, direct the service provider to withdraw
such tariff and also order such service provider to pay, by way of financial
disincentive, an amount of Rupees Fifty thousand for each day of contravention,
subject to a maximum of Rupees Fifty lakh: Provided that no order for
payment of any amount by way of financial disincentive shall be made by the
Authority unless the service provider has been given a reasonable opportunity
of representing against the contravention of the regulation. (2) The amount payable by way
of financial disincentive under these regulations shall be remitted to such
head of account as may be specified by the Authority. The Authority may review
these regulations after the expiry of a period of two years from the date on
which these regulations come into effect, or on any earlier date as it may deem
fit. In case of any doubt
regarding interpretation of any of the provisions of these regulations, the
decision of the Authority shall be final and binding. Nothing contained in these
regulations shall affect any packs, plans or vouchers with unexpired validity
subscribed by a consumer before the date of commencement of these regulations: Provided that no such pack,
plan or voucher shall be valid beyond a period of six months from the date of
commencement of these regulations. [1] TRAI, Noti. No.
301-5/2016-F&EA, dated February 8, 2016, published in the Gazette of India,
Extra., Part III, Section 4, dated 8th February, 2016, pp. 8-10, No. 57.Prohibition of Discriminatory Tariffs for
Data Services Regulations, 2016