Hi,

First thing I want is net-neutrality should be followed and ultimately consumer should decide how he wants to spent data he bought from service provider.

Please find my comments below:

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.

Comment: Regulation is always good. Things should be regulated but in terms of what they can provide and we will secure interest of our nation and people not corporates and prohibiting innovation. Regulations for security can be implemented in a way so that OS providers and ISP in combination can provide a security gateway to Government Security Agencies.

Regulation should protect indian companies from loosing earnings but not at charging 10x cost to common man, it should be on the basis of revenue sharing between ISP and OTT Service provider.

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.

Comment: Messaging, voice and video calls should not be under licensing regime. Simple reasons

a) why we want to make communication of common people costly.

b) Such apps comes and part of life few years. At one time Yahoo Messenger most saught application .. Now a days no one even talk about it. Some applications lives for short term and some lives for a preety longer but in world of technology things changes. Even Google talk another messaging app after yahoo messenger is got obsolete by vendor google itself.

c) Bringing such apps under regular will restrict innovation.

d) Do TSP things they are loosing due to such apps, not they aren't.  Two most popular apps WhatsApp charges Rs.62 i.e. 1 Dollar and no advertisement for one year of messaging and another Facebooks free messaging and communication with advertisement but due to these two apps ISPs earning average Rs.250 per month for every consumer, so TSP is not loosing due to such apps while they are making more earnings.

e) If such application provides App to Basic Telephone/Mobile calls then they should be paying a termination charge or route their calls via a TSP.

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.

Comment: As I explained in point# D of Q# 2, no TSP are not loosing revenue stream.  Two most popular apps WhatsApp charges Rs.62 i.e. 1 Dollar and no advertisement for one year of messaging and another Facebooks free messaging and communication with advertisement but due to these two apps ISPs earning average Rs.250 per month for every consumer, so TSP is not loosing due to such apps while they are making more earnings. Still if TSP/ISP thinks facebook is earning more than TSP estabish revenue sharing with provider by making a regulation that

OTT provider (either in India or abroad) need to publish

a) Revenues earned from Country on Monthly basis and in which form they earned i.e. Subscription, Advertisent, User's Data Sharing etc.

b) How much bandwidth was consumed from which ISPs

ISPs should also publish data usage of application on monthly basis.

TRAI should have right to match the Data Usage and investigate if any one is making false reports.

TRAI can establish Slabs of revenues so that in which slab what percentage to be shared and these slabs can be reviewed and revised from time to time ( I shall hope will be revised in the inteest of consumer).

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 reasons.

Comment: Should not be as I said revenue sharing can be established based on reports published by both OTT providers and ISP. I strictly oppose on the basis of bandwidth because new OTT providers may not be able to bear the burden on the basis of bandwidth.

I would also like to mention I am only talking about OTT services for the purpose of communication because TSP basic licencing is for communication.

Corporate Internal Communication should remain exempted because mostly corporate have own infrastructure for internal communication using IT enabled software. Bringing corporate communication under this would hurt corporate.

Other OTT services like eCommerce, Banking, Retail, Medical, IT, Marketing should never come under this revenue sharing because TSP License are not supposed to provide these services so such OTT services are not hurting their business at all.

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.

Comment: Imbalance exists? may be yes from the point of view of security as security agencies might want to keep track of these. In world of net-neutrality application developer should not have regulation because apart from some storage memory they are not consuming any national resources like TSP consume land either to unveil cables or towers and air to unveil signals excess of unregulated distribution and expansion may cause radiations etc. Normally we do not too much regular a company of it performs it's  all operations within a small building. As input and output (data) of the company/product to be govern under security agencies, revenue and expenditure under Income-Tax.

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.

Comment: Do we still need to address and finalize how to address security concerns with such communication applications. I think we already have a security framework in place to audit email services, facebook and other messenger services. Similar framework can be drafted for OTT providers too.

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.

Comment: Really this is a concern area for privacy of consumer using apps from OTT providers like today's facebook agreement says they can share everything about a consumer. Regulation can impose restriction like for sharing information about a consumer each time his concent is required and consumer should specifically know which information is being shared.

Thanks & Regards

Vikas Parikh