Subject: Answers : Net neutrality
From: Mac Marcon
Date: 06-Apr-15 4:39 PM
To: "advqos@trai.gov.in" <advqos@trai.gov.in>

Answer 1 : Yes there should be framework for TSPs  acting as ISP for internet services. The framework should limit them to abuse their power to intercept traffic to earn profits. The framework should clearly state that TSPs acting as an ISP gateway for internet services are only liable for data charges/deduction (in case of data pack) that is being transferred and should not charge for specified service since it is the part for data pack and mobile internet network. I believe in this model because they follow the regular GSMA specifications and they should not manipulate in order to earn extra profits as it was with SMS service. Because the purpose of introducing SMS was to utilize free bandwidth in the network but TSPs use it to gain profits the same thing should not apply to mobile internet since users already pay for accessing internet and it does cost significantly higher then traditional methods of accessing internet which in turn generates significant revenues for TSPs.

Answer 2 : The OTT players can not be bought under regulation framework because they may not operate from same country and network. As per standard and guidelines for GSMA association the mobile internet is an add-on service in the existing framework  to enable internet access in the mobile network. Thus OOT players are not part of the mobile network itself while TSPs act as ISP and all the ISP rules are applicable  on TSP when serving internet connection. Implying this leads to more political control in the country and harms internet freedom that users have. Also it will not let small start-ups to grow and create their space in the digital world.

Answer 3 : In past few years moving form 2G/EDGE to the 3G and LTE price of data is increased about 100%. The LTE  framework itself s full IP framework which eliminates  use of traditional mobile IP and connect devices and mobile station  directly to the internet. TSPs do not want to move to full LTE standard because all IP framework is directly in competition with ISPs. Although technology advancement benefits customers by providing high bandwidth and more productive applications on hands it also benefits TSPs increasing in data usage and which leads to more revenues. TSPs cannot claim mobile device usage and it's functions because it is not property of company and it  just supports a mobile network standard does not make it  follow the rules imposed by TSPs for make it functional which may or may not lead to revenue decrement. In this case usage of data in smart phones only increases revenues and does no harm.

Answer 4 : As an ideal Internet specification one should only pay for bandwidth it uses. It does not apply to the form of data being transferred. Otherwise banking sector should take money for secure transactions and OTTs should take money for each message and calls it allows. Comparing with Mobile network  Internet network works differently and it should not be changed because it's different entity. The cost for phone calls and messages were meant to pay the infrastructure usage which users already pay in case of Mobile data. On other hand users also pay for allowing internet connection through mobile data and OTT should never pay TSPs to allow them in network since users already pay for mobile data to access internet. And Internet is separate entity while TSPs is just a gateway acting as ISP for user.

Answer 5 : Yes imbalances exist in TSPs industry. The industry itself promises 20Mbps 3G data packs and in real world conditions it provides half the bandwidth. There is not regulatory framework for bandwidth and data plans TSPs provide to end users. TSPs are already harming economy by raising rates on data packs and even some of them who enables add on services without users concern and deducting money for no reason. There is no framework to complain about such cases. so they are always free to charge anyone they want to increase revenues from users. TRAI in India is only regulatory authority which can regulate Telecoms. It should provide voting systems for consumers about big telecom decisions and act upon users voice to ensure best telecom services in the world. On other hand there are existing laws which applies to Internet Service providers and Internet services which should also apply to OTT as well as TSPs. OTTs are bound to the laws but TSPs may not be so TRAI should impose same laws on TSPs in order to balance the system.

Answer 6 : The government is responsible for the security of the nation. OTT players try to comply with governing laws of each country. So there should be laws for OTTs to fit in the network. If OOTs does not store records then they should be able to handover available information regardless of their policies with court rules to provide information. This will ensure that OTTs are playing active part in order to solve nation problems and provide security. This does not mean  TRAI should spy on each citizen but there should be a framework  to obtain required information if needed for law enforcements.

Answer 7 : OTT players should be responsible to follow governing laws which in case are governing laws for Internet services. They are also required to ensure the user data is only used for legal porposes and they should inform end user in any visible form when the data is used. The topic is debatabls and answer is huge and highly prefrenced on users choices.

Answer 8 : NO regulatory framework is required which violates Net Neutrality.

Answer 9 : A FREE and OPEN Internet is a pillar of democracy and our fundamental rights. Internet service providers and governments should treat ALL data on the internet EQUALLY, not discriminating or charging differentially by user, content site, platform, application, type of attached equipment, or modes of communication.

Answer 10 :  Any kind of traffic discrimination or management practices should never violate principles of Net Neutrality. And TSPs should be completely transparent about their traffic management principles.

Answer 11 : Again, any case by case traffic management of OTT applications, even if it is transparent, violates Net Neutrality. So, this question won’t arise if TRAI ensures Network Neutrality.

Answer 12 : Free market forces should allow TSPs to reach a price-point where they can profitably invest in network infrastructure. As a municipal water supply does not charge companies making washing machines and does not tax people for using these machines, similarly OTT players should be given a free market to flourish.

Answer 13 : NO, DO NOT violate the principles of Net Neutrality.

Answer 14 : NO ,DO NOT violate the principles of Net Neutrality.

Answer 15 : ALL data on the Internet is EQUAL. ALL bits are bits, NO need to segregate OTT players. TSPs need to focus on improving their existing products and quality of service to ensure better data services.

Answer 16 : Ensure that the principles of Net Neutrality are upheld. TSPs with vested interests should NEVER be able to impede consumer access to any app.

Anser 17 : Again, NO regulatory framework required.It is Internet not a mobile network. NO segregation of OTT players required. NO traffic discrimination required. ALL bits are bits. DON’T hamper industry growth. Uphold Net Neutrality.

Answer 18 : Again, NO regulatory framework required. DON’T hamper industry growth. Uphold Net Neutrality. There should be no subscription charges to use services at all. Only chanrges users should pay is for Internet access.

Answer 19 : Again, NO regulatory framework required. DON’T segregate or discriminate OTT players. DON’T hamper consumer choice. DON’T hamper industry growth. Uphold Net Neutrality.

Answer 20 : Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.