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: It is not too early to establish a regulatory framework for the Internet/OOT services, its always best to have the regulatory framework in place before Industry evolves and regulations are framed retrospectively.

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.

Answer: No Internet/OTT players offering communication services should not be brought under the licensing regime for the sole reason it is a growing nascent industry and enforcing a licensing regime will discourage pioneering new entrants into the industry solely because of the license fees.

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.

Answer: Growth of Internet/OTT is not impacting the traditional revenues streams of Telecom operators since quality of voice, messaging and video call services via Telecom operator networks is still poor. Therefore most people still prefer to use traditional mobile phone communication for important purposes.

Internet/OTT only supplements the traditional telecom operator and reduces the burden on the limited bandwidth available to the telecom operators.

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.

Answer: No, Internet/OTT players should not pay for use of the telecome operators network solely because this will assist only the corporations with big pockets and discourage the start up culture.

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.

Answer: There is no imbalances in the regulatory environment in the operation of Internet/OTT players.

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.

Answer: Security concerns can be addressed in a similar manner as how they are being regulated in the telecom industry. Internet/OTT players should be made liable to share information and provide access in the same way as telecom operators.

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

Answer: Internet/OTT players should be made liable for the security, safety and privacy of the consumers via regulations. Strict penalties and clear regulations would help ensure protection of consumer interest.

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.

Answer: No comments.

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.

Answer: Net-neutrality is the founding principle of the Internet and it needs to be enforced strictly. The internet is the source of information exchange and net-neutrality ensure that. ISP's trying to monetize the network of cables and their services will kill the internet if net neutrality is not enforced.

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.

Answer: No form of discrimination or traffic management practices are reasonable and consistent as per my opinion.

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?

Answer: In my opinion NO telecom operation should be allowed to use any kind of traffic Management techniques.

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.

Answer: Telecom operators should invest in the network upgradation costs. The costs can be shifted to the consumers by tying them to contracts instead of providing a pay as you use service model. Tying consumers to contracts though will require a strictly monitoring regulatory body to ensure service integrity.

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.

Answer: No Telecom Operators should not be allowed to implement a non-price based discrimination of services.

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.

Answer: In my opinion 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.

Answer: No OTT communication service players should not be treated as Bulk User of Telecom Services.

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

Answer: No comments

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.

Answer: No comments.

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

Answer: Currently there is no need to regulate subscription charges for App based/OTT communication services. The subscription charges will be regulated by market conditions. 

Question 19: What steps should be taken by the Government for regulation of non-communication App 

based/OTT players? Please comment with justifications.

Answer: No regulations are required for non-communication App based/OTT players currently.

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

Answer: No

Regards,

Vivek