​Hello,

I hope this email is read, and if not, that it is at the least counted as a vote of support for keeping the internet free and as a vote against regulation & discrimination of any kind - by anyone.

 

As an Indian citizen, I thank you for giving me the option to add my two bits to the debate over such an important topic.

 

The importance of net neutrality has been stressed many times all over social media. Since the general public may not be aware of how a non-neutral internet will affect them, it is imperative that we spread awareness on the topic and help in whatever little way we can to maintain neutrality.

 

The internet is one of the few mediums left in our country which is not yet subject to legally mandated censorship. Please, let it remain so.

 

I have answered the questions to the best of my knowledge and awareness. Some of the questions have not been answered because they are either outside of the ambit of my present knowledge or because they are repetitive.

 

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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.

 

I believe the time is ripe to have a framework which does not allow discrimination by TSPs or ISPs on internet traffic - legal mandate that does not allow preferential treatment, or insensible taxation of the consumer for services.

 

 

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.

 

No. OTT players use the internet. The internet is free. They cannot and should not be governed like this.

 

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.

 

 

It would seem that they ARE affecting the "traditional" revenue stream but I believe that this can be compensated by increasing data revenue and lowering "traditional" communication rates. This keeps the market competitive. Instead of lazily trying to "tax" the internet, they should follow capitalistic competitive methods.

 

An example is as follows:

Scenario 1:

• The roads are built by the government, for which we pay road tax.
• Then, a private company builds a toll road while doing which, they pay the government to use the land for the road, the contract, etc.
• We pay the company a toll to use the road.

 

Scenario 2:

• Internet access is brought to us by the TSP, for which we pay a fee.
• Then, a private company builds an app to use the internet, he pays a fee to his ISP or TSP for marketing, server costs, and the internet access he requires to build the app.
• We pay the company a fee to use his app.

Scenario 3:

• The roads are built by the government, for which we pay road tax.
• Then, a private company builds a toll road while doing which, they pay the government to use the land for the road, the contract, etc.
• We pay the company a toll.
• We pay the government a separate monthly toll to use that particular road that the company built.

Scenario 4:

• Internet access is brought to us by the TSP, for which we pay a fee.
• Then, a private company builds an app to use the internet, he pays a fee to his ISP or TSP for marketing, server costs, and the internet access he requires to build the app.
• We pay the company a fee to use his app.
• We again pay the TSP to use the app.

Please note that Scenarios 3 & 4 are symptomatic of a nonsensical, lazy strategy that harms the economy. It harms the app developer, and it harms the user. The only people who profit are the TSPs, who can profit using different competitive methodologies.

 

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.

 

No. The OTT players are already paying to use the Internet. The TSPs can offer competitive prices that could make players, and consumers want to use their service, but they cannot unnecessarily burden the app developer.

 

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.

 

No, I don't agree. For the rest of the question please refer Answer 3.

 

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.

 

Security concerns can be mandated for companies that fall under our country's jurisdiction. Just like for any other company, the government can mandate security conditions. But, the user him/herself is ultimately responsible when using an app.

 

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.

 

Standard security methods like end-to-end encryption (>1024 bit keys if possible), among other things, should be undertaken for messaging apps. OTT players could be asked to be clear about their security practices with consumer data. The customer is finally responsible for choosing a secure app. For example, even this particular email may be machine read and used for selecting advertisements but it is MY choice to continue using Google's services.

 

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.

 

There is no special treatment that is required for an Indian context. The internet needs to remain free and neutral.

 

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 form of discrimination or traffic management is reasonable. Pragmatically speaking, even banning access to websites containing objectionable/illegal material does not help. If a man wants to commit a crime, there are ALWAYS ways he can do it.

For example, ban one porn site, there are a thousand others to take its place. The TOR network alone houses petabytes of objectionable material, but as is known, it is hardly practical to try to control or regulate any sensible percentage of it.

If drunken drivers cause deaths, it doesn't make sense to ban alcohol and cars.

 

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?

 

The TSPs should NOT be allowd to regulate traffic for ANY particular OTT, either to benefit or harm an OTT. They should be mandated to declare that they do NOT regulate traffic in any form.

 

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

 

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. NO discrimination of services can be allowed by TSPs.

 

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.

 

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.

 

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

 

A free and neutral internet coupled with transparent and non-discriminating mandates from the TRAI and the TSPs is the only framework required.

 

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.

 

The only regulation should be that there are NO subscription charges. Please refer the example in Answer 3.

 

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

 

Legally mandate transparency and security.

 

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

 

Corporations cannot be allowed to control, regulate, offer preferential treatment and throttle internet access.

Warm Regards,

Kirit Chatterjee