Subject: Customer Feedback - Net Neutrality |
From: Pavan Raghavendra |
Date: 31-Mar-15 6:27 PM |
To: advqos@trai.gov.in |
Question 1: Is 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? Please comment with justifications.
ANSWER: It is never going to be a good idea to establish a regulatory framework that goes against the concept of Net Neutrality not just for OTT services but the internet as a whole. Internet has and will always be associated with freedom (Though not in the sense that you can do as you wish. The freedom is valid as long as it does not go over and above accepted boundaries which is ever changing as per situation/perspective/topic). Also this will no doubt plant seeds of discontent and WILL be seen as arbitrary.
Question 2: Should the OTT players offering communication services (voice, messaging and video call services) through applications (resident either in the country or outside) be brought under the licensing regime? Please comment with justifications.
ANSWER: NEVER! This will no doubt negatively affect customer choice and competition. Licensing of all OTT services will remove their main attraction and purpose! They became popular because they had better offerings, better features and were able to offer something that eliminated any shortcomings of the Telecom Service providers! In any case, the licensing system in India is inherently flawed especially in the case of the Telecom Air Waves that you have auctioned! All it does is weed out any low budget start up and also increase the burden on the industry (leading to losses and negative impact on the country) and burden on the customers.
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 reasons.
ANSWER: The answer to this is quoted since it matches my point and is aptly put: "Radio channels cannot tax television channels for reduction in revenue. Even if OTT players are impacting the traditional revenue streams of TSPs, the TSPs cannot tax OTT services. Market forces should allow TSPs to reach a profitable price-point. TSPs need to invest in the quality and expansion of their existing products. TSPs need to explore outside their traditional revenue streams. India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests."
Question 4: Should the OTT players pay for use of the TSPs network over and above data charges paid by consumers? If yes, what pricing options can be adopted? Could such options include prices based on bandwidth consumption? Can prices be used as a means of product/service differentiation? Please comment with justifications.
ANSWER: This again is against the principle of Net Neutrality! Also, this concept is like charging both the customer and another provider just because the provider (in this case OTT Services) gives the customer a better way and platform to make use of his/her data connection/service...You provide a service and i decide the best usage of the said service that is convenient for me,Period.
Question 5: Do you agree that imbalances 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 enforced? What could be the impact on the economy? Please comment with justifications.
ANSWER: The Internet IS a levelled playing field for everybody. In today’s world, OTT players do not operate solely in the virtual world but, on the contrary, interact with “REAL” world products and services, and result in creation of innumerable jobs. In an ever more connected world, any law or regulation which breaks this ‘FLAT’ and ‘NEUTRAL’ nature of the Internet would harm economic growth.
Question 6: How should the security concerns be addressed with regard to OTT players providing communication services? What 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 if the applications of such OTT players reside outside the country? Please comment with justifications.
ANSWER: This requires a more expansive study and you need to do this on a global scale. Security is indeed a major concern for anyone. Maybe you can bring in the major OTT service providers for a discussion and both parties can present their viewpoints and come to a mutual agreement. Maybe this calls for a global subdivision under the UN specifically for Cyber threats and security along with international cooperation agreements.
Question 7: How should the OTT players offering app services ensure security, safety and privacy of the consumer? How should they ensure protection of consumer interest? Please comment with justifications.
ANSWER: All OTT players should definitely maintain proper security and maintain customer privacy and safety. But this is redundant since all the major players have good security safeguards in place and value customer privacy. It would not become popular otherwise. Note that the APP Stores (Apple Store,Google Store,etc) already have a system in place to check every OTT service provider to ensure they adhere to standard practices. Maybe you can approach the major players (Apple/Google/Microsoft) and clarify all your doubts and queries. This will place a good foundation for future cooperation and build a good rappo.
Question 8: In what manner can the proposals for a regulatory framework for OTTs in India draw from those of ETNO, referred to in para 4.23 or the best practices summarised in para 4.29? And, what practices should be proscribed by regulatory fiat? Please comment with justifications.
ANSWER: As already answered, NO regulatory framework is required which violates Net Neutrality. Also we need to stop basing foreign countries for every decision and policy making. NOTE: I AM NOT AGAINST FOREIGNERS! Their policies can be taken into consideration but using it as our Holy Grail is silly. Let us make our own decisions based on what is logically concluded AFTER properly DEBATING it. Take the views of the people, the experts; let us carefully scrutinize them ourselves and do what is best for us based on our requirements.
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.
ANSWER: A FREE and OPEN Internet is a pillar of democracy and our fundamental rights. Internet service providers and governments should treat ALL data on the internet EQUALLY, not discriminating or charging differentially by user, content site, platform, application, type of attached equipment, or modes of communication.
Note that the customers all over the world are already up in arms against their governments for infringing on their rights and Net Neutrality. Take their dissent and protests into account as well.
Question 10: What forms of discrimination or traffic management practices are reasonable and consistent with a pragmatic approach? What should or can be permitted? Please comment with justifications.
ANSWER: Discrimination is NEVER going to be reasonable! It defies its definition! And if any user is dissatisfied with one service (OTT) he/she can switch to another and THAT is the main attraction... There are loads of choices for customers in this case.
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 transparency and a fair regulatory regime.
ANSWER: Again, any case by case traffic management of OTT applications, even if it is transparent, violates Net Neutrality. So, this question won’t arise if TRAI ensures Network Neutrality.
Question 12: How should the conducive and balanced environment be created such that TSPs are able to invest in network infrastructure and CAPs are able to innovate and grow? Who should bear the network upgradation costs? Please comment with justifications.
ANSWER: Free market forces should allow TSPs to reach a price-point where they can profitably invest in network infrastructure. As a municipal water supply does not charge companies making washing machines and does not tax people for using these machines, similarly OTT players should be given a free market to flourish.
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 measures are not abused? What measures should be adopted to ensure transparency to consumers? Please comment with justifications.
ANSWER: Again, DO NOT violate the principles of Net Neutrality. It has been tried in many places already and people are up in arms against it! There are cases ongoing in their respective courts as well. TSP WILL ABUSE THEM EVENTUALLY! Whether intentionally or not!
Question 14: Is there a justification for allowing differential pricing for data access and OTT communication services? If so, what changes need to be brought about in the present tariff and regulatory framework for telecommunication services in the country? Please comment with justifications.
ANSWER: NO! Also the only changes many want is reduction of data charges (data packs). Have you looked into their plans? And it doesn't even give value for money!
Question 15: Should OTT communication service players be treated as Bulk User of Telecom Services (BuTS)? How should the framework be structured to prevent any discrimination and protect stakeholder interest? Please comment with justification.
ANSWER: ALL data on the Internet is EQUAL. ALL bits are bits, NO need to segregate OTT players. TSPs need to focus on improving their existing products and quality of service.
ANSWER: Ensure that the principles of Net Neutrality are upheld. No TSP with vested interests should be able to impede consumer access to any app.
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.
ANSWER: Again, NO regulatory framework required. NO segregation of OTT players required. NO traffic discrimination required. ALL bits are bits. DON’T hamper industry growth. Uphold Net Neutrality.
Question 18: Is there a need to regulate subscription charges for OTT communication services? Please comment with justifications.
ANSWER: Again, NO regulatory framework required. DON'T hamper industry growth. Uphold Net Neutrality.
Question 19: What steps should be taken by the Government for regulation of non-communication OTT players? Please comment with justifications.
ANSWER: Again, NO regulatory framework required. DON'T segregate or discriminate OTT players. DON'T hamper consumer choice. DON'T hamper industry growth. Uphold Net Neutrality.
Question 20: Are there any other issues that have a bearing on the subject discussed?
ANSWER: Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.