Subject: Net neutrality
From: Swarnendu Pal
Date: 31-Mar-15 7:08 PM
To: advqos@trai.gov.in

Respected Sir,

Let me introduce myself. I am a medical student.

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.

Ans. No doubt the usage of internet has increased substantially but still internet usage is in infancy in India. The usage is mainly in metros or big towns or cities. Net neutrality will impede growth of internet. Be it any information at the click of Google. A differential pricing in accessing basic services will hit users.

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.

Ans. Absolutely no. Example as a medical student, I must say that services like..whatsapp..video calls help me contact other doctors in other parts of the country. A complex procedure or any video from YouTube . it helps me grow better.

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.

Ans. 75% of telecom revenues are based on voice calls. A increase in internet usage will increase the overall revenue of operators. OTTs only form a small part of Internet usage. A blanket decision on OTTs is not required.

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
product/service differentiation? Please
comment with justifications.

Ans. No.Telecom services are within reach of middle class because of services like OTTs. The growth of internet usage is from middle class people. It helps reach out to people in different parts. The voice of youth and the people - reaches others. Penalising a OTT player is wrong

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.

Ans.Sec.66B might be expanded to include people inciting violence through OTTs.

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.

Ans. Sec.66B might be expanded to include people inciting violence through OTTs.


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.

Ans. Sec.66B might be expanded to include people inciting violence through OTTs



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.


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.

Ans. Net neutrality is important for net growth in India. DIGITAL DRIVE can only be a reality without net neutrality.


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.

Ans.Inflammatory articles or websites inciting violences can be discriminated.


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?

Ans.98% of India uses 2G internet with abysmally low speeds. A more discrimanatory traffic is suicidal. Regular 3 monthly data publishing and surprise data checks by TRAI may ensure transparent regime.

Question 12: How should a 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

Ans. Telecom network and infrastructure forms the backbone of the country. As the number of subscribers rise and the per customer overhead cost rises, infrastructure costs will be borne by customers.


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.

Ans. TSPs should not be allowed to regulate OTTs.


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.

Ans, Price regulation and tariff regulation at regular intervals can offset price rise.


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.

Ans. 


Question 16: What framework should be
adopted to encourage India-specific OTT apps?
Please comment with justifications.


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
subscription charges for OTT communication
services? Please comment with justifications.


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?