NEW DELHI: Content provided through closed networks - which does not travel over the internet - will not be governed by the order prohibiting differential tariffs for data services, Trai chairman R S Sharma has said.Sharma said the telecom regulator's recent order prohibiting differential tariffs for data applies only to services provided through the internet, and not beyond it."So long as it is not on the internet, it is not under our domain," the Trai chief told TOI, amid speculation on whether content pushed through intranet will be covered by the order."The regulation makes this point clear, and I do not wish to elaborate further. Trai is not concerned about anything that does not flow over the internet," Sharma emphasised.Trai's order of February 8 makes an exception for data services over "closed networks".The exemption, fear internet and net neutrality activists, may prompt telecom operators to offer lucrative content over intranet - or virtual private networks and closed user groups that they form with their subscribers - at subsidized rates, or below the prices charged over the internet.There are concerns that telecom operators may bypass the Trai order by providing content - such as movies, videos, health, education, shopping or other such services - at highly subsidised rates through such intranet networks. This exclusive privilege to their customers may come through a CUG network (and not internet due to Trai prohibition), and thus would provide an undue advantage to the subscribers who opt for the service. The result could potentially be the creation of differential price layers in the market for the same content, thus going against the spirit of the Trai order prohibiting discriminatory tariffs.Any such move will thus be discriminatory for subscribers of other networks who would need to pay more for accessing the same content through the regular internet, where it will not be subsidised.Sharma, however, pointed out that the regulator's order does provide for checks against misuse of the exemption. The regulation says that the exemption for closed electronics communications networks will not be given if such tariffs are offered or charged by the service provider for the purpose of "evading the prohibition" for discriminatory tariffs.However, there is still not much clarity on what would define a CECN and thus telcos are seeking clarity on the matter from the regulator. While some say that CUGs may fall under the CECN definition, a definition given by telecom ministry way back in 2004 says that CUG/VPN are meant essentially for meeting the communication needs of an organisation or group having common interests. A telco and its large subscriber base, by this definition, may not make the cut.Trai has also prescribed a penalty for any misuse, but at Rs 50,000 for each day of contravention and a capping at Rs 50 lakh, it may not be a major deterrent for telcos. Activists also say that challenging the contraventions could be a daunting and a time-consuming process, considering that the rules give a "reasonable opportunity" of representation to service providers.The concerns arose after Trai's order clearly disallowed any zero-rated platforms in India by putting an end to discriminatory tariffs over the internet. Contentious platforms such as Facebook's 'Free Basics' and Airtel's 'Airtel Zero' had to be shut down due to the regulation that ordered equal pricing for content over the internet.Trai wants to ensure that public internet infrastructure, or the cloud which is used to transport data packets from one destination to another, remains free from any discrimination.Sharma said that Trai is also looking into another critical matter related to net neutrality which revolves around traffic management over the internet and issues such as data throttling or controlling network speed. "We may come out with something on this soon," he said.