Kind Attention: Shri A. Robert. J. Ravi, Advisor
(TD & QoS)
Sir,
Please find my comments on the Consultation
Paper On Regulatory Framework for Over-the-top (OTT) services dtd. 27th
March, 2015.
Regards,
Sunilkumar Makwana
m. +91-942817 30 14
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.
Answer: YES It is too early
to establish a regulatory framework for OTT services, considering very
low access speeds even in mega cities of India. We have speeds around 2kbps
- 10 kbps on 2G and 50kbps-200kbps in 3G that too if we are lucky!! TSP
never provide what they promise. And a customer has to stick with the lesser
evil (that is lowest charges with highest possible speed) in lieu of options.
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.
Answer: NO. If this is done,
internet will be like current cable tv.
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.
Answer: NO. Infact increase
in data revenues of the TSPs is far sufficient to compensate for loss.
Just before 3-4 years, a 2 GB data pack at 2G speed was approx. 120 Rs.
now the same data pack costs anywhere between 450-600 Rs. !! In my opinion
this justifies that TSPs are not losing much revenue due to OTT services.
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 of
product/service differentiation? Please comment with justifications.
Answer: NO.
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.
Answer: NO.
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.
Answer: If TSP are asking
to regulate OTT players, then TSPs should maintain data records, logs etc.
in the interest of national security.
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.
Answer: If TSP are asking
to regulate OTT players, then TSPs should maintain data records, logs etc.
in the interest of national security.
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.
Answer: No need for this as
of now.
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.
Answer: Net neutrality must
be maintained as it is done with all developed countries.
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.
Answer: Net neutrality must
be maintained as it is done with all developed countries.
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?
Answer: TSPs can not be trusted
to provide transparent report on this. TSPs even overcharge knowingly all
post-paid customers currently with some application "download"
even if a customer has unlimited internet connection.
Question 12: How should the 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.
Answer: What makes one think
that TSPs are losing their money? If it was the case, all TSPs would not
be growing for last 15-20 years.
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.
Answer: No discrimination
of services shall be allowed. It will kill net neutrality.
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.
Answer: There is no justification
from TSPs.
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.
Answer: NO.
Question 16: What framework should
be adopted to encourage India specific OTT apps? Please comment with justifications.
Answer: A net neutral TSP
is pre-requisite for this.
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.
Answer: NO.
Question 18: Is there a need
to regulate subscription charges for OTT communication services? Please
comment with justifications.
Answer: NO.
Question 19: What steps should
be taken by the Government for regulation of non-communication OTT players?
Please comment with justifications.
Answer: There is no need for
this. Net neutrality must be maintained as it is done with all developed
countries.
Question 20: Are there any other
issues that have a bearing on the subject discussed?
Answer: There is no need for
this. Net neutrality must be maintained as it is done with all developed
countries.