Over the years, India has witnessed a substantial growth in the number of broadband subscribers. The wireless/microwave medium has been the main source of delivering broadband services in the country while fixed broadband has been growing at a slow pace. Factors such as mobility, wider network coverage and provision of small-denomination data packs have contributed to the popularity of wireless broadband services among users. However, this popularity has been accompanied by increasing reports of consumer dissatisfaction with regard to the data speeds provided under various plans.

In most cases, consumers who are dissatisfied with the services or prices offered by their operators switch to another operator, a process made easy through the mobile number portability option. How­ever, their ability to choose an alternative operator is constrained by the non-disclosure of data speed, contract terms, latency and other provisions by service providers. Even in the few instances when disclosures are made, they are done in a form that is too complex for customers to understand easily. Further, misleading advertisements increase the dissatisfaction level as the promised speeds are rarely delivered. In addition, not all customers are aware of differences between 2G, 3G and 4G technology-based SIM cards as service pro­viders do not specify the data speeds for these technologies at the time of purchase. This contributes to technological complexity and consumer confusion.

To address these issues taking into account the problems faced by wireless broa­dband users, particularly in relation to data speeds, the Telecom Regulatory Au­th­o­­­rity of India (TRAI) released a consultation paper, Data Speed Under Wireless Bro­adband Plans, in June 2017. The paper seeks the inputs of stakeholders on ensuring trans­parency and customer awareness rega­r­ding data speeds under wireless broadband plans.

A look at the key concerns raised in the paper and the issues for deliberation…

Need for consumer awareness on data speeds

In order to monitor the quality of service (QoS) aspects of wireless broadband services, TRAI issued the Standards of Quality of Service for Wireless Data Services Regulations in December 2012. These regulations mandated wireless service providers and unified access service providers to install a measurement set-up comprising servers and test probes to measure the minimum download speed, the successful data transmission download and upload ratio, the average throughput and latency being provided under each data plan in the licensed service area (LSA).

Despite these regulations, TRAI recei­­ved a number of consumer complaints with regard to poor download speeds. There­fore, it decided to examine the issue and felt that there was a need to set the “minimum download speed” offered under wireless data plans so as to protect consumer interests. Accordingly, it released a consultation paper, Amendment to the Standards of Quality of Service for Wire­less Data Services Regulations, in April 2014. However, due to opposition from service providers and their associations, the regulator decided against prescribing any benchmark for the minimum download speed for various technologies. It issued the amendment in July 2014, mandating service providers to specify the minimum download speed for all tariff offers of wireless data services (including those offered through tariff plans, vouchers, services provided by dongles or other means). Further, it mandated service providers to ensure that the minimum download speed specified in their tariff plans is delivered for at least 80 per cent of the usage time.

A lot has changed in the sector since 2014 when the amendments were issued, a key change being the launch of 4G long term evolution services, which are associated with higher data speeds. Further, the spectrum auction held in 2016 has resulted in additional spectrum availability of 20-84 MHz in most LSAs. As a result, the spectrum holding per operator now stands at 28-45 MHz in each LSA. The sector has also witnessed some mergers and acquisitions in the past year, which have reduced the number of players in the industry.

In view of these developments, in October 2016, TRAI issued revised directions for delivering wireless and wireline broadband speeds in a transparent manner and for providing adequate information to consumers. As per the directions, operators providing wireless broadband services are required to disclose the data usage limit and the speed offered under 3G/4G services on their website and in advertisements.

However, despite these directions, TRAI felt that several consumer concerns remained unresolved. Its latest consultation paper highlights these concerns and attempts to address them.

According to TRAI, subscribers still perceive the speed to be the theoretical speed, which, in most cases, is below what has been advertised by the service pro­­vi­der. As per TRAI, information on mobile broadband performance would enable 3G and 4G customers to make informed decisions. Further, it is import­ant for consumers to understand the difference between data speeds of 2G, 3G and 4G services. This would ensure greater transparency regarding the actual speeds experienced by subscribers.

Technologies for measuring user experience

The data speed experienced by a user can be slower than expected for various reasons. To identify the reason for the slow speed, service providers have developed certain tools that can trace the path of data packets. TRAI’s concern, however, is that the use of such tools may lead to certain privacy and security issues amongst users. This is be­c­a­use user activity at the device or application level may have to be analysed while exa­m­ining the cause of the slow data speed using these tools. If the measurement tools get access to sensitive user data or proprietary information of businesses, it could cause financial harm to them. Further, these measurement tools, upon getting device-level permissions, can adversely affect user systems through malware attacks.

Therefore, TRAI believes that there is a need to build appropriate safeguards to address privacy issues. It is also important to increase awareness about the availabil­ity of various technological tools and the concerns that may be faced while authorising device-level permissions.

Global experience

The regulator discusses some measures taken by other countries to ensure that app­ro­priate disclosures are made to consumers of broadband services. Ofcom, the telecom regulator of the UK, conducted a number of studies during 2014 and 2015 to test the mobile broadband performance on four metrics – download speed, web browsing speed, upload speed and latency. However, despite sufficient information provided by operators, there are gaps in consumer awareness.

In the US, the Federal Communica­tions Commission (FCC) released a public notice seeking inputs from stakeholders on the best ways to accurately measure mobile broadband speeds, publish and convey critical information to consumers on broadband speeds, and improve transparency in mobile broadband performance. Further, the FCC passed the Open Internet Order in 2015, which increased the disclosure requirements by directing service providers to disclose network performance measured in terms of average performance over a reasonable period of time and during times of peak usage. Under the order, wireless service providers also have to make separate disclosures for 3G and 4G services. Fur­ther, the FCC recently introduced consumer broadband labels called “Broadband Facts”. These consumer labels seek to convey accurate information in a consumer-friendly format. The format mandates the disclosure of critical details that would enable consumers to compare the prices, performance and network practices of different service providers.

Issues for deliberation

In view of the above-mentioned issues, TRAI’s consultation paper seeks stakeholder views on the following questions:

  • Is the information currently available to consumers on wireless broadband speeds transparent enough for making informed choices?
  • If it is difficult to commit a minimum download speed, could the average speed be specified by service providers? What should be the parameters for calculating the average speed?
  • What changes can be made to the existing framework on wireless broadband tariff plans to increase transparency and enable a comparison between plans offered by different service providers?
  • Is there a need to include/delete any of the QoS parameters and/or revise any of the benchmarks currently stipulated in the regulations?
  • Should disclosure of average network performance over a period of time or at peak times, including through broadband facts/labels, be made mandatory?
  • Should standard applications/websites be identified for mandating comparable disclosures about network speeds?
  • What are the products/technologies that can be used to measure end-user experience on mobile broadband networks? At what level should the measurements take place?
  • Are there any legal, security, privacy or data sensitivity issues with collecting device-level data?
  • If so, how can these issues be addressed?
  • Do these issues create a challenge for the adoption of any measurement tools?
  • What measures can be taken to increase awareness among consumers about wireless broadband speeds, availability of various technological tools to monitor speeds and any potential concerns that may arise in the process?

Kuhu Singh