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.

Answer 1 : The OTT services are helping the public in so many ways. Communication being the foremost. It is now very easy to communicate via OTT services at a fraction of the previous cost. Case point being Whatsapp. It is used by Traders, Artisans, students, businesses and is truly promoting the Government's stated goal of digital inclusion. Now had there been a framework as is being pushed by the service providers such a service would not have been allowed to exist. What is needed is a mechanism to keep the Telecom Service Providers in control so that they dont stop progress just to protect their own vested interests.

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.

Answer 2 : No, a license makes them vulnerable to the machinations of the powerful telecom lobby which is just trying to raise their costs of operation to make their operations financially unviable. Instead they should be made signatory to an agreement that they will cooperate with Law Enforcement agencies as and when required. Beyond that India should encourage OTT providers so that they see India as a destination for Investment and Job creation which is more urgently needed that helping the Telecom Lobby

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.

Answer 3 : This is a flawed comment by TSPs. Reasons listed below:

* Quite a few people take data packs just to use services like Whatsapp. These data packs - priced at a minimum of Rs. 125 a month per user  adequately compensate the TSPs. No one can assume that if a user sends 1000 messages via Whatsapp he would send 1000 SMS priced at Re.1. The increased communication happens because price is not a concern. The TSPs are selling more Data packs due to the OTT Service Providers and should not be complaining.

* All Internet providers have put in fair use clauses on their plans. For example if an internet subscriber uses Skype video calling heavily he will end up using his quota of high speed net access. Then he will have to wait for his billing cycle to end for his quota to be renewed or he will have to buy more high speed data else his speed will be throttled. There is no question of users overloading the TSPs networks. Instead the subscribers opting for additional data are helping TSPs make more money. 

* During festivals TSP networks used to get clogged and SMSes did not deliver for days. Due to OTT services like Whatsapp, this is not happening and the TSP networks are not getting overloaded. It is beneficial for the TSPs as they do not have to make any additional arrangement for the Festival days.

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.

Answer 4 : OTT providers should not be held ransom to the TSPs. They are not using the TSPs networks, paying subscribers are. These subscribers have already paid for data packs. So what is the ground for TSPs asking for more money ?

TSPs are already giving plans based on bandwidth consumption to ensure no one user burdens the network. There is no ground for asking the OTTs to pay up.

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.

Answer 5: It is an incorrect comparison. OTTs do not use airwaves, they do not use any resource that is the Nation's property. TSPs have licensed the use of Nation's airwaves and pay for the privilege. OTTs are just using the Internet. The existing IT laws are sufficient to deter any misuse of OTT services by a subscriber. Further asking the OTTs to pay up will increase the cost the subscriber will have to bear. Taking into view the low income traders who use services like Whatsapp, Viber, Skype to link with their customers at a lower cost and show them samples without having to bear any additional cost, their trade volumes have benefited from these services and any restrictions will hurt them the most.

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.

Answer 6: OTT service providers should sign agreements with the Telecom Ministry to setup servers in India. They should further agree to share encryption methods with Law Enforcement Agencies so that these agencies can monitor communication in the interest of National Security. For OTTs based out of India, connectivity should be conditional to their compliance with above mentioned conditions.

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.

Answer 7: OTTs already encrypt user conversations and other communication. Intercepting any communication without legal sanction is a crime in India and most of the world. The question of privacy is without merit.

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.

Answer 8: Paras mentioned not shared. 

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

Answer 9 : Net Neutrality is critical for the Indian economy which depends to a large extent on its IT industry to do well. Not only does the IT industry employ a large section of the youth but it is also a large contributor to the taxes. Further the IT employees are among the highest consumers of services in India -which helps the government rake up service tax. Any attempt to twist the internet to favor any service over the other will have far reaching implications and hold a large section of these people to mercy of the TSPs. 

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 10: Traffic management is not a solution but a quick fix. It should be allowed in the rarest of rare cases (Natural Disaster, State of Emergency - where some Services hold priority over others). In all other cases it should not be implemented. The best way is to let market forces work on their own. Any attempts at regulation stifle progress and creativity which in turn put the country at disadvantage. In a country like India that counts IT as its few strong points in the world arena, this would be a disaster. 

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?

Answer 11 : TSPs should be prevented by law from shaping Internet Traffic as such a practice will be counter productive and anti user. The technological specifications cannot be changed at a pace to match the changes in the Industry. There are too many loopholes the TSPs can use to stifle OTTs.

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

Answer 12: TSPs do not upgrade the infrastructure as it is. Too many people use skype as their mobile service providers do not offer good network coverage. The problem is not that OTTs will hurt revenue while overloading networks. The problem is that TSPs are hiding behind the argument that they are overburdened by the OTTs. No TSP has invested in making the user experience better. The investment is only in airwaves retention. EDGE services were started way before facebook skype and whatsapp caught up. Till date no service provider has offered any speeds remotely closed to what EDGE promised.

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.

Answer 13:  TSPs should not have any power to discriminate. It is a conflict of interest for a service provider to regulate what can be accessed easier. This should be the sole domain of the Government.

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 14: There is no grounds for asking OTTs to pay to the TSPs. The subscribers are using TSP networks to reach OTT services. The Subscribers are already paying the TSPs to use their services. The TSPs have already put in Fair Use clauses to prevent subscribers to use data beyond a certain limit. Then what is the ground for asking for more money from the OTTs ?

The TSPs have made it costly for anyone to use their networks. They might have kept call rates low in comparison to the west but their networks are no where close to their western counterparts. 

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 15: OTTs are an essential service provider. They should be given some support as they are helping promote digital inclusion. Stakeholder interest being cried by the TSPs is a cloak behind which is hiding their frustration at not being able to tap the app market but that is their inability to realize the potential of such apps.

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

Answer 16:  The framework should be such that it supports both the developers and the users. It should also include points that help the government.

* Tax incentives to apps that support regional languages

* Access to capital for participating in Government needed app development. Eg. A single app that helps users track status of government services : any company that develops such an app should qualify for a low interest bank loan.

* Courses in app development at ITIs.

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.

Answer 17: Terms not explained. But in view of the interest of the citizens, OTTs should not be brought into licensing regime yet. Their being signatory to security agreements should be sufficient.

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

Answer 18:  Most OTTs charge nominal amounts for their services or are ad supported - both options do not burden the users much. Further the industry is in such a nascent stage that it should have to deal with unneeded distractions. Instead support should be made available to make it competitive at the world stage.

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

Answer 19:  Non communication OTTs like online stores, taxi providers etc. should be made to adopt and publish consumer safety policies. There should be feedback and customer grievance redress mechanisms that should be linked to Consumer Forums.

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