Note: Something common in all the questions are "OTT players". Please note that what TRAI defines as "OTT players" are same as any other medium of data communication on the Internet. My using Skype is the same as I visiting a website, both are *ONLY* transfer of data. The concept of a separate definition of "OTT players" is absurd with respect to how the Internet works.

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.

>> It is good to establish a regulatory framework for the Internet, but its only goals should be to make sure the consumers get fair access to the Internet.

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, there should be no differentiation whatsoever in Internet traffic, all streams of bytes should be treated the same, no matter what the origin/destination/purpose be.

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.

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 way. There should be no differentiation whatsoever in Internet traffic. All data must be treated the same.

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.

No, there is no imbalance. The Internet currently is fair and neutral for everyone (at least in India) and it should remain that way.

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.

Well TRAI can regulate Skype, Viber and all other voice call and text messaging services to keep logs for "security purposes", but that is going to be ineffective. If I am to do something unlawful, I can just avoid using these services. For example, I can encrypt my emails when sending to a criminal partner of mine and there will be no way anyone can decrypt it. The same for voice.

By forcing Internet services to adhere to such ineffective measures, all you will do is invade on your country's citizens' privacy and hamper innovation.

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

Ensuring the security, safety and privacy should be on the online service (like Skype). If they are deficient in this, the public can just stop using the insecure services.

However, TRAI should ensure protection of consumer interest by making sure that Net Neutrality is preserved.

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 don't understand this 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.

Net Neutrality would not really change in India, its a global principle applicable to the Internet. Anyway, because the question asks, the easiest way to implement Net Neutrality is to mandate ISPs to prevent them from differentiating pricing etc according to network traffic.

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.

The only traffic discrimination of traffic that should be permitted is where ISPs can give priority to realtime data such as messaging, gaming etc for the consumer's benefit. However, this *MUST* not be charged extra to either the customer or the service provider.

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 sufficient. The correct solution is to now allow traffic differentiation for "OTT applications".

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.

The consumers should bear the costs as they are consuming the services. If the operators are not making enough profit, it simply means that they need to increase their data prices.

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.

See answer to Question 10.

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.

This question is the most important because it shows the major flaw with TRAI's and the Telcos approach to Internet. Communication is transfer of information (and hence data), hence its impossible to differentiate Communication (transfer of information) with Data Access (transfer of data).

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.

Wow, I really need to repeat this every time. "OTT communication" is just data transfer over the Internet. Stakeholder interest should be protected not accepting the nature of the Internet.

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

It would be nice to have OTT apps from Indian companies, the way to encourage that would be to support such entities by not enforcing unnecessary rules as discussed in answer to Question 6.

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.

No. A person/entity A should be able to send/receive data to/from a person/entity B without any "license" needed.

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

No. Justification covered in previous answers.

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

The first step would be to stop discrimination some type of network data as "OTT" and then forming arbitrary rules around them. Just treat all data the same and let the public decide the Internet's future.

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

A related issue is that fact that the Government of India has absolute authority of restricting access to specific services on the Internet. The GoI should not be able to do this without a proper case hearing and justification.

Really hope TRAI will try to understand how the Internet is supposed to be a neutral medium for communication instead of trying to view everything from a conventional voice/sms point of view.

Thanks,

Shantanu Tushar