Subject: Net neutrality questions
From: Rishin Goswami
Date: 06-Apr-15 3:01 PM
To: advqos@trai.gov.in
CC: netneutralityindia@gmail.com

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 spirit of the internet has always been freedom - And I don't believe a regulatory framework should ever be put into place. Saying that, a lot of first world countries do have a regulatory comitte for the internet. However these came into place mostly due to lobbying of rich corporations and individuals which wanted to further their own greed. While I really don't see a reason why the internet should be censored or regulated, there should be a minimum amount of regulation which established that freedom as a law.

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 it should not. The underlying framework for offering different services has the same -  No QoS differentiation can be made because the network infrastructure does not support it. Even more than that, the end point applications can't seek for a differentiated services because the underlying operating system does not support it.

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 - I don't see why a justification is necessary for this answer. Whatever loss is faced by the operators can be compensated by a rate increase.

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.

No they should not. By letting the players pay for these revenues we will inadvertently let lobbying of individual products through vendor access. This is not in the spirit of free market that India takes pride in.

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 don't see how this question pertains to net neutrality - So I am not answering.

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.

As I said before, the internet should be free - Maintaining data records of visitors etc entails a breach privacy and should not be condoned in. As for financial records and other government laws to be followed by the players, I believe it's a different matter.

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

The first question is vague and generalised - You can write a research thesis on this. I don' t believe it's possible to give an accurate answer on this. Protection of consumer interest in already dictated by Indian law and as long as the players conform to that I see no problem.

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.

I already stated that I am against a regulatory authority - So this isn't a pertinent question.

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.

Please see answer 1.

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 do not support discrimination or traffic management. I believe any kind of traffic shaping or snooping should be made illegal.

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?

No it is not - The volume of data needed to justify their approach isn't very pragmatic. As I already mentioned before different QoS for different applications should not be condoned.

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.

This is a business management question and should be posed to the telecom companies rather than the consumers. It is not a responsibility of a consumer to ensure the continuous sustenance of the operators. Also this question has no bearing on net neutrality.

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 can't think of any circumstances where discrimination of services is pertinent. In fact isn't discrimination in any form against the Indian constitution?

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 there is not - The underlying infrastructure is exactly the same. So it's pointless.

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.

Not sure what BuTS means.

Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.

I already protested against segregating services. India specific apps would be against that.

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.

I already protested against segregating or regulating services - Question is not pertinent.

Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.

I already protested against segregating or regulating services - Question is not pertinent.

Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications.

I already protested against segregating or regulating services - Question is not pertinent.

Question 20: Are there any other issues that have a bearing on the subject discussed?

Why have these questions been framed to support segregating or regulating service? Hasn't there already been a protest against that. Shouldn't the one and only one question be "Should India's Internet/OTT services support traffic shaping or snooping of any kind?" - My answer would be no.