Dear TRAI,

PFB responses to the questionnaire:

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.
Ans - It is very early and totally unnecessary to establish any regulatory framework of this sort as our country should be more worried about getting internet to masses rather than protecting bloated profit margins of already wealthy telcos.

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.
Ans - No, these are called innovators and internet is only their medium. Regulating them is like regulating media or bollywood or any creative / innovative line of work.

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.
Ans - The TSPs will find their way of making profits, it is not the regulators responsibility to babysit them. If this goes through then the TRAI is putting fat numbers on TSPs income sheet for years to come.

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 product/service differentiation? Please comment with justifications.
Ans - Why should the OTT players be charged? Are they charging the end users? - NO! We the customers are already paying for the bandwidth we use.

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.
Ans - Simple answer, by enforcing such not required regulatory framework, we kill innovation and alienate the best that the world as to offer.

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.
Ans - Most of OTT players keep security in mind, give them a compliance standard to follow if you are unhappy with them.

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.
Ans - Let OTT players put such things in it privacy policy and the consumer can choose / not choose the service after reading it.

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 4.23 or the best practices summarised in para 4.29? And, what practices should be proscribed by regulatory fiat? Please comment with justifications.
Ans - No comments.

Question 9: What are your views on net-neutrality in the Indian context? How should the various principles discussed in para 5.47 be dealt with? Please comment with justifications.
Ans - Net is a world wide phenomenon, why should we then allow discriminatory pricing?

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.
Ans - None. Only bandwidth should be charged.

Question 11: Should the TSPs 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?
Ans - No. Today they will want to monitor customers traffic and tomorrow the content of that traffic and then our personal lives. Where does it stop?

Question 12: How should a conducive and balanced environment be created such that TSPs 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
Ans - TSPs provide quality bandwidth and services and charge accordingly. They want to stay relevant, they have to innovate, upgrade. It is not the regulators headache.

Question 13: Should TSPs 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.
Ans - Price or non price based, discrimination is discrimination! Innovating is not abusing!

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.
Ans - No, it is not.

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.
Ans - Not, OTTs should not be treated differently. It is the consumers who are flocking to OTTs not the other way around.

Question 16: What framework should be adopted to encourage India-specific OTT apps? Please comment with justifications.
Ans - Communicating is a universal thing. What do you mean by india-specific? Poor quality networks? Calll drops? Over charging? Below par customer service?

Question 17: If the 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.
Ans - No comments.

Question 18: Is there a need to regulate subscription charges for OTT communication services? Please comment with justifications.
Ans - No. The last i checked, other regulatory bodies are not fixing prices of oil, soap, shampoos, tu channels. Why then the bias for OTTs?

Question 19: What steps should be taken by the Government for regulation of non-communication OTT players? Please comment with justifications.
Ans - Why does TRAI want to regulate the way consumers book their movie tickets? Dont they have enough on their plate already?

Question 20: Are there any other issues that have a bearing on the subject discussed?
Ans - No, you are doing a great job

I am writing to express my concern against the actions that telecom carriers are taking to restrict fair access to the internet (Net Neutrality). I believe the internet is a vital resource - it helps me communicate, work, and thrive as a citizen. If telecom operators can discriminate internet traffic on the basis of which services pay the most, we are allowing telcos control over a vital and necessary technological resource. By doing so we allow them to define what information we can view; what entertainment we can access; and how companies can innovate.

This is completely unfair and harms India's long term role in the global market. I strongly believe the growth of telecoms and the well-being of the internet can go hand-in-hand. I'm asking for a framework to ensure long term and fair access for all services regardless of size. I want my generation and those that come after me to have unfettered access to the Internet, with no telcos or ISPs having the ability to charge for specific services I use on top of it. Please understand that the internet is an important resource and vital to me and to every other Indian citizen. I would like to see it kept free and protected under Net Neutrality to ensure fair and equal access for all and forever.

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