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.- The idea of internet is to enable everyone to have access to data and services without any curbs and freedom to express and enable individuals to succeed. It has the ability to empower and provide a platform to entrepreneurs to succeed. Putting regulatory framework would be a death knell for innovation and stifle the growth we are witnessing in the internet space. Country like India can ill afford such regulatory framework either now or in future.
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, the OTT players are offering these services free of cost and provide the flexibility to consumer to choose between options available, they are not binding customer to a particular service neither forcing them to pay money for services provided. Its like any new technology change that improves the lifestyle of consumer, bringing it under license regime will amount to making this model financially un-viable and it will add on to cost for the customers of these services
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.
I beg to differ, the traditional operators cannot continue to operate in business model that was conceived 20 years back. Things change and they should adapt to new changes in market or perish. Also its not that the companies have suffered e.g. if the sms revenues have gone down then the data packages have increased manifold. The companies are earning much more revenue selling data packages then they earned from SMS.
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.
If I am paying for the data charges then I should have the freedom to use the data as I deem fit. There should not be any fees either on using a particular service on internet nor any bandwidth constraints for some services. Internet should be treated like a public utility and not a private domain for companies and customer at their mercy where they can change their policy any time for their benefit.
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.
I personally dont think any imbalances exist. The OTT players arent charging for the services being provided, the telecom operators are not providing the services free of charge, they get paid for data packages. If telecom operators believe they are not profitable then they should increase data charges but it doesnt allow them to choose for me what services of OTT I can use and not use. That is my right.
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.
I believe for security concerns there needs to be discussion between OTT providers and government agencies on what can be done to allay security concerns around these services. The OTT providers would not mind meeting the requirements if they are provided fair grounds to run their business.
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
I believe the answer to this is same as how telecom operators ensures security safety and privacy of the consumer. The TRAI in so many years have not been able to stop the problem of span calls and sms, so personally I have very limited confidence that anything can come out of this. I believe strong and quick action against any deviations should act as a deterrent for any provider
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.
The internet is a global commodity and cant be viewed or contained from Indian context. It has to be treated like a public utility. That would allow the consumer to use it as they deem fit.
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.
I dont believe any sort of discrimination or traffic management can be allowed otherwise we are opening up to censorship and suppressing of rights of consumer
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?
Yes, this will ensure that all OTT providers are treated fairly by telecom operators and there are no preferential treatment to specific OTT providers.
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.
I believe the cost of these upgradation cost should be shared between operators and government. The government after charging such high spectrum fee cant escape its obligation. They are in part responsible for such high overheads for telecom operators. So the government should make all effort to reduce the infrastructure overheads. One option could be to have common infrastructure where all operators and government come together and invest, this will remove redundancy and reduce the cost on each operator
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.
No restrictions should be allowed. The consumer should have the right to select the service they want to use within the parameters of data package.
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.
There is no justification for allowing differential pricing for data access and OTT communication services.
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.
Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.
I dont see any reason to promote any india specific OTT. The better provider will come through.
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.
They should not be categorized.
Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.
No, in a competitive market the charges are regulated automatically.
Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications.
Question 20: Are there any other issues that have a bearing on the subject discussed?