Subject: Consultation Paper On Regulatory Framework for Over-the-top (OTT) services
From: sunilkumar.makwana@Linde-LE.com
Date: 06-Apr-15 3:59 PM
To: advqos@trai.gov.in
CC: sunil_n_makwana@yahoo.co.in, sunilbabau@gmail.com

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.