Ofcom: BT should let rivals use infrastructure (DuctCo) to lay faster broadband cables

BT should let rivals use infrastructure to lay faster broadband cables, Ofcom says | Business | The Guardian: "Although Ofcom does not have powers to impose any changes on BT, it will seek a voluntary agreement with the telecoms regulator. If BT does not cooperate, Ofcom can refer the decision to the Competition and Markets Authority, a long process that both sides will likely seek to avoid.

 Dan Howdle, telecoms expert at broadband and phone advice site Cable.co.uk, said Ofcom had not been tough enough. “Ofcom’s decision to open up Openreach’s poles and tunnelling to competitors and to give them more say in future strategic and budgetary decision-making goes halfway to alleviating competitor complaints, but stops short of addressing the prime concern.

 “With Openreach currently in the midst of its BDUK superfast broadband rollout, aimed at reaching 95% of UK homes by next year – a rollout couched in £1.7bn of public money and a potentially vote-swinging degree of incumbent reputation – the decision should be seen as one of least disruption. It is, perhaps, a case of poor timing winning out over common sense.

" 'via Blog this'

Zero rate your friends, specialized service your enemies: unless BEREC stops you

That was more or less my message to the net neutrality workshop organised by BEREC today. Highly entertaining - other experts were Barbara van Schewick, Alissa Cooper, and Scott Marcus.

Trai first regulator in world to focus on differential pricing: Barbara van Schewick

Trai first regulator in world to focus on differential pricing: Barbara van Schewick | ET Telecom: "It bans harmful forms of price differentiation but allows forms that do not create concerns. The practices banned by the regulation are zero rating for a fee. I think that is a right decision because allowing application providers to pay to be zero-rated is to allow them to pay to get a competitive advantage. That will change the internet as we know it. On the internet, low costs have allowed a large number of people to develop new applications and become entrepreneurs. That's the first big practice banned by the rules. The second is any kind of differential pricing or exemption from bandwidth caps based on content or type of content. So that applies to programs where an ISP zerorates a few applications and a class of similar applications. Third category is where an ISP says my zero rating-program is open to all providers in a certain category and there is no fee..." 'via Blog this'

Three's Network-Level Ad-Blocking Rollout Faces Net Neutrality Clash

Three's Network-Level Ad-Blocking Rollout Faces Net Neutrality Clash - Fortune: "According to a European Parliament source, network-level ad-blocking would be illegal under the new rules unless countries pass similar legislation to legalize it.

Experts in the European Commission also said the only exceptions to the net neutrality rules would be for content covered under national legislation, content that has to be filtered out to protect network security and integrity (such as malware), and cases where Internet traffic must be shaped to minimize temporary or exceptional network congestion." 'via Blog this'

A data-driven argument on why Marc Andreessen is wrong about Free Basics

A data-driven argument on why Marc Andreessen is wrong about Free Basics — Medium: "This is particularly sad because contrary to what Marc and others say, data connectivity is not expensive in India. There are some plans that give you 2GB of data for just $1.5 a month.

One can parse this in two ways.
Firstly, imagine how many users Facebook could have brought online with this same spend if they had diverted the budget to subsiding first-time users like how Aircel and others have done. By some estimates, two-thirds of India’s online users already access at least one of Facebook’s properties (Facebook itself or WhatsApp) once a day — widening the funnel without any artificial constraints would have inevitably been a net-win for Facebook given this monopoly dynamic.

Secondly, the explosion of mobile phone usage in India even among folks who could be regarded as “poor” aptly demonstrates that contrary to what some people might believe, poor people are more than capable of demonstrating agency and adopting technology on their own — as long as they see a clear and visible path towards a better standard of living." 'via Blog this'

VZ BV v. E-Plus, district court of Potsdam: unlimited data means unlimited

Google Translate: Where a mobile phone company provides an internet tariff with "unlimited" data volume in general terms and conditions,, it may not drastically limit  the speed of data transfer after exceeding a limit . This was decided after a complaint by the Verbraucherzentrale Bunde Association (vzbv) against E-Plus, the district court Potsdam.

E-Plus had promised an internet access with unlimited data for its mobile tariff "Allnet Flat Base all-in". The power restricted the company in the same clause but crucial one: customers could only transmit data to a volume of 500 MB per month in fast speed. Then they were allowed to continue while using the Internet at no extra charge - but 500 times slower than before, because E-Plus slowed the transmission speed of 21.6 megabits to 56 kilobits per second. 'via Blog this'

Prohibition Of Discriminatory Tariffs For Data Services Regulations, 2016 (No.2 of 2016)

GAZETTE OF INDIA, EXTRAORDINARY, PART III, SECTION 4: TELECOM REGULATORY AUTHORITY OF INDIA NOTIFICATION, 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. Short title and commencement.

(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.

2. Definitions. - (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);

U) "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;

(1)"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

3. Prohibition of discriminatory tariffs.- 

(1) No service provider shall offer or charge discriminatory tariffs for data services or 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.

4. Exemption for certain content. -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

5. Consequences of contravention of these regulations.-

( 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.

6. Review.-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.

7. Interpretation.-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.

8. Savings. - 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.