Further comments on the specific questions.

Question 1 : I s it too early to establish a regulatory framework for
OTT services , since internet penetration is still evolving , access
speeds are generally low and there is limited coverage of high speed
broadband in the country? Or, should some beginning be made now with a
regulatory framework that could be adapted to changes in the future? Ple
ase comment with justifications.

This is the right time to establish rules, as we have already seen TSPs
like airtel trying to charge extra for OTT services like skype.

Question 2 : Should the OTT players offering communicat ion services (
voice, messaging and video call services ) through applications ( resid
ent either in the country or outside ) be brought under the licensing
regime? Please comment with justifications.

No, they need not be brought under licensing, but we should have privacy
laws that ensures the right to privacy as per Indian constitution.

Article 21: Indian Constitution:
“No person shall be deprived of his life or personal
liberty except according to procedure established by
law.”

Question 3 : Is the growth of OTT impacting the traditional revenue
stream of TSPs? If so, is the increase in data revenues of the TSPs
sufficient to compensate for this impact ? Please comment with reason s

Any business have to adapt to changes in technology. Govt should not
stop progress by ensuring profits to companies. They will enter into
other business if they think they cannot sustain their profits.
Governments concern should be benefits to citizens.

Question 4 : S hould the OTT players pay for use of the TSPs network
over and above data charges paid by consu mers ? If yes, w hat pricing
options can be adopted? Could such option s include prices based on
bandwidth consumption? Can prices be used as a means of product/service
differentiation? Please comment with justifications.

No, people are already paying for the data usage and it should be up to
each consumer how they want to use the network.

Question 5: Do you agree that imbala nce s exist in the regulatory
environment in the operation of OTT players? If so , what should be the
framework to address these issues? How can the prevailing laws and
regulations be applied to OTT players (who operate in the virtual world)
and compliance e nforced? What could be the impact on the economy?
Please comment with justifications.

Governments focus should be to ensure citizens rights are respected by
these players. So regulation for how the data collected by these
operators should be the focus.

Question 6 : How should the security concerns be addressed with regard
to OTT player s providing communication services ? W hat security
conditions such as maintaining data records, logs etc. need to be
mandated for such OTT players? And, how can compliance with these
conditions be ensured i f the application s of such OTT players reside
outside the country? Please comment with justifications.

You cannot put the service providers responsible for the content.
Judicial oversight has to be ensured before any identifying information
is shared.

Question 7: How should the OTT pl ayers offering app services ensure
security , safety and privacy of the consumer? How should they ensure
protection of consumer interest? Please comment with justifications.

They should offer encryption as an option to ensure privacy. They should
not be required to look at the content of each messages. Any
interception or tracking should be strictly checked with judicial
oversight and provable suspicion.

Question 8: In what manner can the proposals for a regulatory framework
for OTTs i n India draw from those of ETNO , referred to in para 4.23 or
the best practices summarised in para 4. 2 9 ? And, what practices
should be proscribed by regulatory fiat ? Please comment with
justifications.

Question 9: What are your views on net neutrality in the Indian context?
How should the various principles discussed in para 5.47 be dealt with?
Please comment with justifications.

Net neutrality has to be maintained in India.

Question 10: What forms of discrimination or traffic management
practices are reasonable and consistent with a pragmatic appr oach ?
What should or can be permitted? Please comment with justifications

Providers should be permitted to inspect content without a proper
judicial authorization and mass surveillance should not be allowed at
any cost as it is not consistent with our democratic values.

Question 11: Should the TSPs be mandated to publish various traffic
management techniques used for different OTT applications ? Is this a
sufficient condition to ensure transparen cy and a fair regulatory regime?

TSPs should not be allowed to regulate services. They should continue to
provide "bit pipes" only.

Question 12: How should the conducive and balanced environment be
created s uch that TSPs are able to invest in network infrastructure and
CAPs are able to innovate and grow? Who should bear the network
upgradation costs? P lease comment with justifications.

I don't think there is threat to revenues for TSPs anytime soon.

Question 13 : Should TSPs be allowed to implement non

price based discrimination of services? If so, under what circumstances
are such practices acceptable? What restrictions, if any, need to be
placed so that such measu res are not abused? What measures should be
adopted to ensure transparency to consumers ? Please comment with
justifications.

They should not be allowed to discriminate any services.

Question 14 : Is there a justification for allowing differential pricing
for data access and OTT communication services? If so, wha t changes
need to be brought about in the present tariff and regulatory framework
for telecommunication services in the country? Please comment with
justifications.

There is no justification and it will seriously affect competition and
privacy of consumers if any change be made that allows TSPs to
discriminate.

Question 15 : Should OTT communication service players be treated as
Bulk User of Telecom S ervices (BuTS)? H ow should the framework be
structured to prevent any discrimination and protect stakeholder
interest? Please comment with justification.

No. Anyone can enter into OTT services including the TSPs, so the market
will decide if the models of OTT services are sustainable. Open
Federated standards should be promoted so interoperability and
competition can be ensured.

Question 16 : What framework should be adopted t o encourage India
specific OTT apps? Please comment wi th justifications.

When monopolies are eliminated and Open Federated Standards like XMPP
are encouraged more players from India can enter the market and compete
with global players.

Question 17 : If the OTT communication service players are to be
licensed, should they be categorised as ASP or CSP? If so, what should
be the framework? Please comment with justifications.

Question 18 : Is there a need to regulate subs cription charges for OTT
communication services ? Please comment with justifications.

Interoperable services should be promoted so competition will ensure
fair pricing instead of monopolies.

Question 19 : What steps should be taken by the Government for
regulation of non communication OTT players? Please comment with
justifications.

Question 20: Are there any other issues that have a bearing on the
subject discussed?

On Sunday 29 March 2015 03:14 PM, Pirate Praveen wrote:

Dear TRAI,

Allowing service providers to be gate keepers of services is a threat to
our consumer rights as internet service providers can censor certain
services and prefer certain other services.

Making communications cheaper is a advancement in technology and the
benefits should reach the people and artificial hiking for additional
profits should not be done. As people who use these services already pay
for the the internet service.

Also having the service providers inspect each packet to identify
services is a violation of privacy and will be misused.

There is already legislation in countries like Chile and Netherlands
which ensures Net Neutrality.

From Netherlands net neutrality law,

"Providers of public electronic communication networks used to provide
Internet access services as well as providers of Internet access
services will not hinder or slow down services or applications on the
Internet".

India should stand up for net neutrality and TRAI has a responsibility
to stand with the people of India.

I hope TRAI will stand up for rights of the people over extra profits to
a few companies.

Thanks
Praveen