Dear TRAI, 

I’m writing in response to your call for citizens’ view on the introduction of special regulatory framework for “over the top services” (OTTS). I strongly oppose the idea that certain web-based services be treated specially to compensate for the loss in revenue of TSPs (the evidence for which, btw, are not at all convincing). 

In your consultation paper dated 27th March, 2015, most of the arguments in favour of curbing net neutrality revolve around the claim that OTTS like Facebook, Viber, Whatsapp etc. are web-services that ride on the internet access provided by TSPs and are, hence, responsible for generating an overhead for the service providers that they are not sufficiently compensated for. This, in fact, is very misleading. Currently, the bandwidth provided by the TSPs for a monthly or per-MB based usage is the same bandwidth that is used for all the incoming and outgoing data packets from the subscribers’ devices. The physical infrastructure doesn’t discriminate between a packet generated by Google, Indiatimes or Whatsapp. In the light of this undisputed fact, it is unfair to ask subscribers to pay extra for certain web-based services, when the technology and bandwidth used for those services would have been already paid for in the base package. Installation of “special lanes” for OTTS is an equally detestable idea. In addition to this, determining the packets that warrant special usage charges in case of certain web-services implies snooping into the data that flows from the customer’s endpoint, and this would be a clear violation of freedom and privacy, which are crucial aspects of democratic internet use in a free and growing country such as our’s. All of my above arguments should suffice as answers to questions 1, 2, 4, 8, 9, 10, 11, 13, 14, 16, 17, 18, and 19. In fact, the 20 questions posted in the consultation paper can all be answered with a single tenet based on which internet was originally intended. Uphold net neutrality and abolish any kind of distinction based on the actual data packet being sent over the bandwidth provided by ISPs. 

In response to the question 3, 5 and 7, I’d like to repeat that the onus of ensuring proper bandwidth services for the flow of information over the internet is entirely upon TSPs. OTTS lead to no special consideration in infrastructure issues and, as a result, revenue generation for TSPs. In a free market, TSPs would regulate the prices in a way that would work equally for ALL WEB-SERVICES and seamlessly for all subscribers, while ensuring the net neutrality principles as well as privacy of user data. 

Question 6, which relates to the security concerns with regards to OTT players, gives rise to an entirely different debate that must be addressed on it’s own, without affecting the discussion with respect to net neutrality. OTT services should be allowed to freely combine and bundle online communication services within applications, and shouldn’t be forced to keep data records. 

In response to question 12 - as is the case with any commodity service or product in a free market economy, TSPs will, and do, reach a price-point which is conducive for them to provide internet services to the consumers while still being profitable. This must, as mentioned several times before, be done keeping in mind the basic net neutrality principles of internet. 

Question 15 doesn’t call for a special explanation, because technically the internet infrastructure treats all bits as equal, and hence no special “pre-processing” of the data packets is required to ensure free flow of information. 

I’d like to conclude by repeating in answer to question 20 what has been the theme of my entire letter - Let us ensure complete net neutrality without discriminating web-services or consumers based on the kind of information they choose to exchange over the bandwidth, which physically doesn’t discriminate in this form. It is imperative that we do not establish special channels for so called OTTS or provide preferential treatment to certain stakeholders, either OTT players or, and specially, TSPs. 

Thank you. 

Sincerely, 

Saahil Ognawala