Internet penetration is still evolving in India, and bringing in business-side regulation will hamper it severely. What we need is a neutral Internet which will help increase the awareness.

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.

From a legal point of view, it would be a good idea. However, TELCO's shouldn't be allowed to make these services an opportunity to milk their users. Unless there are QoS laws enforced, TELCO's shouldn't be allowed to burden customers with such plans. If these are brought under licensing regime, there will be an additional cost customers will have to pay, and that's not justifiable.

With the increase in usage of such services, TSP's will be receiving more revenue - first from an increased user base and second from increased data usage. TSP's should customize their offerings in such a way that they receive the advantage of the above two; instead of adding separate charges. Their claims of losing revenue has not much merit.

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.

Why should any service pay extra, when customer is already paying for the data consumed? TSP's are already offering packages based on available bandwidth and data usage. Adding separate charges will only benefit them; not the consumer. If this is allowed, going forward they could also charge for regular services like accessing mails and receiving OS updates. How will you define what is a service and what is not?

Yes, imbalances do exist. However, TRAI is ignoring the fact that they haven't done anything major to ensure minimum QoS for consumers. There is no mechanism where TSP's are held responsible for the service levels. When we talk about compliance's, why is this not discussed?

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.

OTT's should be brought under the legal purview; but without limiting their scope of work. There can't be 100% compliance due to the dynamic nature of the business, and India cannot act like other countries which keep banning sites and services.

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.

There should be a framework which ensures this - not just for the OTT's; but it should include the TSP's as well. As of now, it is a total mess, and TSP's are least bothered about all of the above.

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.

No comments

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.

India needs net neutrality more than any other country. We are still developing, and limiting services and adding extra charges for those will severely hamper the spread of awareness. Charging extra for services which run on the net (for which the customer is already paying) is double charging, and is against the ethics of business and consumer interests. This will also give birth to unholy business practices of blocking access/speeds to a specific service, and will coerce consumers into accepting what is not the best for them.

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.

No discrimination/traffic management is justifiable from a consumer's standpoint. You cannot make a list of services which can be allowed or blocked - there are too many, and it will keep changing. Traffic management will surely make ways of corrupt and unethical practices. The Net has to be neutral.

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?

They shouldn't be allowed to differentiate between services, and traffic management should not be allowed. Net should be neutral.

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

TSP's should invest in QoS, and look at increasing the penetration. They can also look at increasing the data charges uniformly. network up gradation costs can be recovered from the increased customer base. If the network is better, you can get more 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.

No discrimination should be allowed at all.

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.

No justification. Customer is already paying for the data, and there is no justification for chargung extra for anything he does on the Internet.

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.

NC

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

NC

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.

NC

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

No charges for OTT communication services at all. Only data charges should be collected from the customer.

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

Only steps required are for ensuring law and order and national security.