6 Apr 2015 — Put netneutralityindia@gmail.com when you send out the answers to TRAI id advqos@trai.gov.in.
Below are the ques

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.

Yes, the current form of the internet is truly liberal and also designed for freedom of choice and voice. The regulatory framework on OTT services being proposed is restrictive and only designed to allow unfair monopolies that control information, access and also choice. The internet is a tool that has enabled growth and realised opportunities to individuals and societies. This regulation is an attempt to control that freedom

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, currently the data charges that telecom operators charge more than compensate for any cost of infrastructure. Unreasonable profits cannot be justified.

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, the use if data increased due it increased usage of data services more than compensates for any cost incurred in setup of data services. Please understand the ease and low cost of communication has enabled the progress of multiple industries , please do not let the telecom providers stifle this growth to achieve unjustified profits.

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..this will only lead to monoplies being established and unfair trade practices that stifle entrepreneurship  and freedom of speech

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. This is an uneccessary argument.

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.

Every service provider or OTT player providing communication services today provides terms of service acceptable by consumers.compiance must be ensured as per terms of service promised.

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

This can be regulated as per agreement signed between the consumer and the service provider in this case the app. Appeals can be made like any other industry providing service,

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.

No comment

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 principle of net neutrality must be achieved above all, do not let telecom companies control my access to information, or control the way I access my information. Please do not destroy the internet.

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.

None. The question itself is a wrong outlook on the basic principles of the internet.

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. This rule is detrimental and unfair to consumers and other service offerings available on e internet.

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.

For a country like India the volume of usage and uniform cost more than compensates. If the telecom operators feel higher charges should be charged let it be charged uniformly for all OTT players and not for only some operators I.e. Let the consumer pay higher cost for use of data services.

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, any practice that allows such a practice will lead to unfair means where cash rich service providers will dominate 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.

No.As mentioned earlier if charges are to be incurred for whatsoever reason it must be incurred by the consumer uniformly across not for only a limited set of 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.

Yes.

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

None, as we know there is sufficient support and an equal playing field that allows development of apps irrespective of which country you belong to. Let the current structure remain.

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 comment

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

No.as per reasons mentioned above.

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

None, the current operating framework is sufficient.

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

Please do not halt the potential of the internet to support some short term profits of the telecom players.

Regds

Jayan Mathews