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.

Response 1: OTT are next phase of evolution, which turns out to be free. To charge extra for using such services would mean unnatural costing. If data usage is more, consumer is paying for that. What he does with that data packet is not concern of anyone. An example is electricity- What I do with that is none of electricity board’s concern (I may save it for later use in batteries, or I may just waste it by keeping fan on <- a negative use, but nevertheless, my own choice, like some Ms Deepika)

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.

Response 2: This would backfire for sure. Half of them would not bow down.

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.

Response 3: is the internet free? If not, how are the TSPs not gaining anything from it? Also, as the reason mentioned in Airtel’s documentation sometime ago was that the towers are being maintained, hence they have to shell out the money. But again, they are charging for internet, and none of these companies are going into loss (kindly look at their quarterly returns), even with SMS.

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.

Response 4: No, they need not pay a single nano paisa for any service they offer. What they are offering has no bearing on internet being used. It’s just data packet.

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.

Response 5: No, it’s just transition phase, and it’d settle soon. I fail to grasp which imbalance do you perceive!

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.

Response 6: Age old question of security vs privacy. The terrorists anyways will not use whatsapp to communicate. We use it for gossiping. Keep a log of all my data please! This way, if my data goes kaput, I’d ask you for the back up. I also have marriage videos of myself in my hard drive, please make a back up of that as well, while you are at it.

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.

Response 7: That is not government’s headache to decide. OTT players are well capable of (not) doing that. When they fail, people leave them and go. This way, the market balances itself. You can not pretend to control the universe.

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.

Response 8:

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.

Response 9: Internet is best used when neutral. Otherwise, what you might think is to be charged may not be important to me. Also, the market will keep on evolving and you’d end up applying rules which would no longer make sense. For example, what would happen if people start communicating over .onion protocol? What are your views on Solar, wind and Electricity neutrality, by the way?

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.

Response 10: There should not be any discrimination. Is the profit proving any less to you?

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?

Response 11: Just log the hops the data packets make. Beyond that, it’s not fair to regulate anything any further.

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

Response 12: Who bears the upgrades cost till now? The tax payer of course!

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.

Response 13: TSPs must not be allowed to discriminate in the services. It’s just not their concern what user does with data packets. (the user can use data packets as toilet paper).

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.

Response 14: in view of the balance sheets of major TSPs, it doesn’t look like the SMSes are going at loss. There is no justification why net neutrality should be compromised.

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.

Response 15: what would be ramifications of considering OTT as BuTS? The question is not clear.

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

Response 16: Market forces will deal with it. Don’t worry about it.

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.

Response 17: What is the repercussion if they were classified as ASP or CSP?

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

Response 18: Let the market decide. Don’t bother.

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

Response 19: no action should be taken. It’s not government issue.

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

Response 20: Each service has been there for sometime, and the companies, for their share holders meet show profit. The question on pricing the OTTs is baseless. If done, we will refrain from using phones for internet, hence the sales of feature phones and landlines will rise. If you want to push India back to 80s, I’m feeling nostalgic and excited already!