Question 1: Is it too early to establish a regulatory framework for Internet/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 1: It is a fact that there is a shortage in the country for high speed broadband in the country and there is a serious shortage of speed available for public. To establish a framework for OTT, it may be a bit early as internet is still evolving and from it is currently exposed to chatting, sharing files (including pictures, audio and video), banking and shopping etc. Internet of things is yet to arrive at where the expansion and awareness is going to be huge. I think, that may be a better stage to bring up changes with a whole gamut. At this point, we should ensure that TSPs are providing better connectivity and higher speed across country.
Question 2: Should the Internet/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. In the world of internet, there is no scope of being an OTT service provider be based within the country or outside make a difference. There shouldn't be any licensing regime like this. How will they operate if every country bring their own licensing? This will spoil internet neutrality as a concept.
Question 3: Is the growth of Internet/OTT impacting the traditional revenue stream of Telecom operators/Telecom operators? If so, is the increase in data revenues of the Telecom Operators sufficient to compensate for this impact? Please comment with reasons.
Yes, to an extend but not as it is being claimed by TSPs. As a consumer, earlier if I were paying for SMS and calls, now I am paying internet. So where is the question of they losing the money? The policy should be providing high speed and better connectivity and getting more into the public. Look at BSNL. They are reducing call rates every year. Why are they doing it, because they know that by reducing rates, they increase the time people use their service and resource. Yes, to some extend TSPs are right, for which anyways they are increasing the charges for internet considerably.
Question 4: Should the Internet/OTT players pay for use of the Telecom Operators 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.
It will be the biggest foolishness ever India does, if so, to keep internet neutrality. Consumer will be double dipped, charged for internet and also charged for using internet services of OTTs.
Question 5: Do you agree that imbalances exist in the regulatory environment in the operation of Internet/OTT players? If so, what should be the framework to address these issues? How can the prevailing laws and regulations be applied to Internet/OTT players (who operate in the virtual world) and compliance enforced? What could be the impact on the economy? Please comment with justifications.
There is no imbalance existing. Imbalance is existing in the awareness of the people as to how to use OTTs and how to respond and react on social media. If we bring some laws, it will again divert the core issue and issues will be several in an evolving world.
Question 6: How should the security concerns be addressed with regard to Internet/OTT players providing communication services? What security conditions such as maintaining data records, logs etc. need to be mandated for such Internet/OTT players? And, how can compliance with these conditions be ensured if the applications of such Internet/OTT players reside outside the country? Please comment with justifications.
We can not address security concerns beyond a point, because if we address one concern, another concern will come up. The best way to address is to increase awareness of people.
Question 7: How should the Internet/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
Checks and balance mechanism should be there in place to ensure security, safety and privacy of the consumer. This basically include verification of terms and conditions and also verify terms from one country to another country etc.
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 or the best practices? 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 be dealt with? Please comment with justifications.
There should not be any partiality. Net neutrality refers to a principle that Internet service providers should enable access to all content and applications regardless of the source, and without favouring or blocking particular products or websites. This applies to the whole world. no only India.
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.
Supreme court has already provided a guideline that you cannot restrict a person on expressing his opinion in public domain / social media etc. I think, this clarifies a lot.
Question 11: Should the Telecom Operators 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?
Let them provide a statistical data for all users data (product-wise) to Govt on quarterly basis and also provide it to consumers via email. Govt should spend on internet education in rural areas.
Question 12: How should the conducive and balanced environment be created such that Telecom Operators 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.
Losing 4K crore for all companies put together across the country is not a big loss for them, I believe. If there is a commitment from them that they will invest all these monies in infrastructure development, I think, Govt should allow them to hike the bandwidth charges for internet for Rs. 9 per subscriber per month. Going by the population of 126 Crores, and assuming 30% using internet on mobile, computation goes like this: =(40,000,000,000/((1,260,000,000*30%))/12) = 8.82.
Question 13: Should Telecom Operators 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.
I don't think we should do that, because it will result into a reservation kind of stuff where SC / ST people are getting free, irrespective of how rich they are.
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 justification. It would amount to complete violation of internet neutrality
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.
No way. We can not charge them as it is fully a violation of internet neutrality as we are showing partiality.
Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.
We can not differentiate. Why can't India specific OTT apps provide a world class service options and interface? The whole world would accept them without we doing anything.
Question 17: If the App based/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.
According to me, there shouldn't be any licensing for them.
Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.
No need. Instead, we should promote them more and more. All we can do is to hike internet usage charges by TSP. By doing itself, TSPs will get revenue for internet usage and will be able to invest further in infrastructure. Govt. should make sure that they are doing it as per commitment to Govt.
Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications.
We are doing wrong if we regulate.
Question 20: Are there any other issues that have a bearing on the subject discussed?