Subject: Comments for “Regulatory Framework for Over-The-Top (OTT) Services"
From: Sridhar Mahadevan
Date: 01-Apr-15 10:34 PM
To: advqos@trai.gov.in

Respected Sir,

Here are my answers to the questions you have asked in the paper.

Thanks, Sridhar

  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? - It is not only early but also not necessary.
  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? - No. That will be a regressive move which will kill internet based IT entrepreneurship in India. 
  3. Is the growth of OTT impacting the traditional revenue stream of telecom service providers (TSPs)? If so, is the increase in data revenues of the TSPs sufficient to compensate for this impact? - The market will correct itself through increased data plans and I think regulator should preserve the net neutrality standard to provide a level playing field.
  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? - I dont think OTT players should be asked to pay as it will kill internet based entrepreneurship to flourish in India. We will be killing Indian economy and innovation in the IT industry. We should follow US's lead in protecting NET neutrality.
  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? - We shoudnt interfere with OTT players. Interfering with that will cause another license raj sucking out all investments away from India. If net neutrality is killed, internet is killed and all internet based businesses will get killed. 
  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? - I am not sure what kind of security restrictions are you talking about. If it is for state to get access to call records and data for national security , that can be done with the current law framework and new rules arent needed.
  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? - It is upto the consumer who uses it. The company should adhere to the terms and condition they publish and expose to the customer. If they dont there are already existing customer protections laws which can come into play and there is no need to create new laws around the same and create another license raj.
  8. In what manner can the proposals for a regulatory framework for OTTs in India draw from those of European Telecommunications Network Operators (ETNO)? What practices should be proscribed by regulatory fiat? - I suggest we follow the regulatory framework followed by the US government which protects net neutrality and I feel that is a shrewd and patriotic decision on their part.
  9. What are your views on net-neutrality in the Indian context? - Net neutrality is most important in Indian context as we are a country of small businesses and small enterprises and as a nation we should be supportive of an equal access to internet for all players.
  10. What forms of discrimination or traffic management practices are reasonable and consistent with a pragmatic approach? What should or can be permitted? - No discrimination should be permissible and not necessary and is counter productive from economy perspective and only prove to be beneficial to vested interests.
  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? - TSPs shouldnt have any kind of differential approach for different applications and if they do, TRAI should be able to penalize for doing that. TRAI should create a framework to audit and ensure that there is no discrimination in that context so that public is not affected by the same in form of varying speeds for different applications. That will create a skewed crony internet for the public. 
  12. How should a conducive and balanced environment be created such that TSPs are able to invest in network infrastructure and Content and Application Providers (CAPs) are able to innovate and grow? Who should bear the network upgradation costs? - The telecom companies should bear the costs and they would still be able to make decent profits. It is upto them how they ensure net neutrality and manage their costs.
  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? - They shouldnt be allowed to implement any discrimination of services. Once you allow a certain loop hole then it will be impossible to ensure neutrality. Only a blanket ban on discrimination will be easy to implement and regulate.
  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? - From a nation's perspective OTT communication services are a boon to the public and the government should support continuance of the same with the same quality. The telecom companies should be innovative in the way they combat this trend by creating their own apps which utilize data channels instead of letting other apps capitalize on the same.
  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? - I dont think we should allow any differential treatment for OTT communication services as these services help public in general to make low cost calls and communicate cheaply.
  16. What framework should be adopted to encourage India-specific OTT apps? - India specific OTTs should be encouraged by government investing in such companies which provide that service but govt shouldnt be allowing preferential treatment in allowing more of their packets through the network. 
  17. If the OTT communication service players are to be licensed, should they be categorised as Application Service Providers (ASP) or Communications Service Providers (CSP)? If so, what should be the framework? - OTT communication service players shouldnt be licensed. It will result in far reaching effects in Indian economy and affect effectiveness of various sections of economy who have all innovatively used these services to run their business in an efficient manner.
  18. Is there a need to regulate subscription charges for OTT communication services? - Most OTT services which are used are free and if someone charges money, no one will use those OTT services and will switch to free providers. That is why by supporting free OTT services you are supporting aam janta of India.
  19. What steps should be taken by the Government for regulation of non-communication OTT players? - Totally no steps. They shouldnt be regulated at all as that will create a menacing highly cumbersome license raj making India a hellish place for business.
  20. Are there any other issues that have a bearing on the subject discussed? - Equal access to all information and knowledge in the world is key for the progress of the country.