`Quality of service and access to
broadband services in India`
Hemant Upadhyay
Advisor – Telecom & IT
VOICE
Voluntary Organization in Interest of Consumer
Education
“Consumer rights vis-à-vis quality of
service and access to broadband
services:
Status of institutional and legal
mechanism available in India”
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CONSUMER AGENDA
The Draft National telecom Policy 2011 released
on 10.10.2011 states that “The primary objective
of NTP-2011 is maximizing public good by
making available affordable, reliable and
secure telecommunication and broadband
services across the entire country. ….
Pursuant to NTP-2011, these principles
would guide decisions needed to strike a
balance between the interests of users/
consumers, service providers and government
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revenue.”
INDEX
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BROADBAND SERVICE
CONSUMER RIGHTS
QUALITY OF SERVICE
ROLE OF TRAI
INSTITUTIONAL & LEGAL MECHANISM
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BROADBAND SERVICE
Broadband’ per Broadband Policy 2004 -An always on data connection that is able
to support interactive services including
Internet access has the capability of the
minimum download speed of 256 kilo bits
per second (kbps) to an individual
subscriber from the Point of Presence
(POP) of the service provider
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CONSUMER RIGHTS
• The right to be protected from all kind of
hazardous goods and services
• The right to be fully informed about the
performance and quality of all goods and
services
• The right to free choice of goods and services
• The right to be heard in all decision-making
processes related to consumer interests
• The right to seek redressal, whenever consumer
rights have been infringed
• The right to complete consumer education
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QUALITY OF SERVICE
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Activation Time
Fault Repair / Restoration Time
Billing Performance
Response time to the customer for assistance
Bandwidth Utilization/Throughput
Service Availability / Uptime
Packet Loss
Network Latency
Customer perception of Services
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ROLE OF TRAI
• Regulation
• Performance Monitoring
• Consumer education
• Consumer protection
• Just growth of broadband
market
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INSTITUTIONAL & LEGAL MECHANISM
• National broadband plans are an
important mechanism for
governments to set this vision
and strategy of how technology
can move their own country
forward.
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INSTITUTIONAL & LEGAL MECHANISM
• Among ICTs, broadband adoption
has demonstrated the greatest
impact on GDP growth and the
use of broadband at the
individual level has changed our
lives in a myriad of ways.
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INSTITUTIONAL & LEGAL MECHANISM
• The full benefits of broadband for
enhancing national competitiveness and
empowering citizens are realized where
there is strong partnership between
government, industry and other
stakeholders where governments
engage in a consultative, participatory
approach to the policy-making process,
in conjunction with stakeholders.
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CONSUMER AGENDA
The Draft National telecom Policy 2011 released
on 10.10.2011 states that” The primary
objective of NTP-2011 is maximizing public
good by making available affordable, reliable
and secure telecommunication and broadband
services across the entire country. ….Pursuant
to NTP-2011, these principles would guide
decisions needed to strike a balance between
the interests of users/ consumers, service
providers and government revenue.”
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CONSUMER AGENDA
STRATEGY
• To develop an eco-system for broadband in
close coordination with stakeholder
• To recognize ‘Right to Broadband’
• Emphasis on providing reliable and
affordable broadband
• To revise the existing broadband download
speed of 256 Kbps to 512 Kbps and
subsequently to 2 Mbps by 2015 and
higher speeds of at least 100 Mbps
thereafter
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CONSUMER AGENDA
THE GROUND REALITY AS ON DATE
• Only 13.3 mn. broadband subscribers against 893 mn. Mobiles as on
31.12.2011.
• The target envisaged for broadband to achieve 175 million broadband
connections by the year 2017 and 600 million by the year 2020 at minimum
2 Mbps download speed is nowhere in sight.
• Only download speed is considered as specification for broadband
• Broadband is defined with a min speed of 256 Kbps. There are almost no
countries left now who consider such low speed as broadband.(See annex. I)
• No other parameters (like Upload Speed, PING, Jitter, SNR Margin, Line
Attenuation, Availability (24x7), Fluctuation within a 24 hour period etc.) are
there defining broadband officially.
• Quality of Service (QOS) has no meaning without strict defining parameters.
• Without defining parameters, benchmarking is not possible either.
• Relative tariffs in India in relation to the quality are high compared to other
countries.
• Wireline ISPs like MTNL, VSNL, Airtel and Reliance have infrastructure but do
not seem to be going all out to add subscribers.
• On the other hand there are ISPs who want to expand, do not have the
infrastructure
or the capacity to invest
in infrastructure.
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CONSUMER AGENDA
• Create a robust definition of BROADBAND.
• Establish criteria for defining broadband like
Upload Speed, PING, Jitter, SNR Margin,
Line Attenuation, Availability (24x7), Fluctuation
within a 24 hour period etc. in line with international practices.
• Change criteria for Broadband using basic floor parameters compatible with
international standards like a minimum speed of say 1 Mbps etc.
• The ISPs should be made to provide tools to consumers to monitor the
parameters on their own to ensure that promised services are delivered to
them.
• Tariffs are required to be regulated in line with internationally operating
tariffs. The criteria for tariff fixation should be– Prevailing tariffs in major developed as well as comparable developing
countries.
– Prevailing voice/broadband tariff ratios for major countries.
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– Primary aim to grow the broadband subscriber base.
CONSUMER AGENDA
Quality of Service (QoS)1.Clearly defined and documented specifications for broadband services by
ISPs
2.Identify the performance standards and QoS parameters benchmarked
against the best international standards
3.Evolve suitable compliance mechanism
4.Improve transparency in providing information by ISPs to consumers and
TRAI
5.NTP -2011 recognises the need for formulating a separate Code of
Practice for Sales and Marketing.
6.Clearly defined penalties PAYABLE to CONSUMERS for each deficiency in
service.
7.Make provision for independent testing agency for dispute resolution
specially w.r.t. download/upload speed etc.
8.Broadband connection is very critical even for an individual consumer’s day
to day functioning. Hence dispute resolution time lines should be shortened
to 1 to days at the most at each stage.
Undertake legislative measures to bring disputes between telecom consumers
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and
service16providers within the jurisdiction
of Consumer Forums/ Consumer
CONSUMER AGENDA
To Stimulate demand for broadband1.Provide high speed and high quality broadband access to all
village panchayats through optical fibre by the year 2014 and
progressively to all villages and habitations.
2.Work closely with Department of IT in the promotion of content
creation particularly in vernacular languages
3.Utilise UNIVERSAL SERVICE OBLIGATION FUND (USOF) in
improving last mile connectivity
4.Incorporate enabling provisions in the current regulatory
framework so that existing infrastructure including cable TV networks
are optimally utilised for extending high quality broadband services
in rural areas also.
5.Fully support the sector regulator in their efforts to enhance
consumer awareness about services, tariffs, and QoS.
6.Dissociate carrier and service providers (both need not be same)
to utilize physical assets of BSNL/MTNL
Promote wireless for faster dispersal of broadband but regulate QOS and tariffs
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CONSUMER AGENDA
Regulatory framework
1.Regulations defining Network Service Operator (NSO)/
Communication Network Service Operator (CNSO) and
Service Delivery Operator (SDO)/ Communication Service
Delivery Operator (CSDO) and licensing for the same
2.Undertake a comprehensive review of Indian Telegraph
Act and its rules and other allied legislations with a view
to making them consistent with and in furtherance of the
broadband.
3.Undertake legislative measures to bring disputes
between telecom consumers and service providers
within
the jurisdiction ofVOICE
Consumer Forums/
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Consumer Protection Act.