Dear TRAI,

As a citizen and layman of India who has a great stake in this country adhering to the principles of democracy, here go my answers to your biased and repetitive questions.

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: It is too early by atleast two generations. You can think about it about fifty years later when some unknown issues crop-up. In the present scenario, any regulations that impinges on the principles of Net Neutrality should NEVER be adopted.

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: Internet provides freedom to citizens from the clutches of communication companies. Government must not enhance its license regime for such services because it will hamper consumer choice, stifle growth of new kinds of products and services, and impede India’s economic progress. For example, if airline companies decide to offer online customer service through voice chat, an already heavily taxed and loss-making industry should not have to take another license.

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: Government is not duty-bound to the TSPs. Government's duty is towards is citizens, first and foremost. In a free market economy, government must not intervene to protect the revenue stream of a company. Even if OTT players are impacting the traditional revenue streams of TSPs, the TSPs cannot tax OTT services. Market forces should allow TSPs to reach a profitable price-point. TSPs need to invest in the quality and expansion of their existing products. TSPs need to explore outside their traditional revenue streams. India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests.

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 of product/service differentiation? Please comment with justifications.

ANSWER: OTT players should NEVER be allowed to impinge on the right of its consumer to access the internet and its various services that entails the violation of principles of Net Neutrality.

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: Imbalances do not exist in the regulatory environment. The Internet IS a levelled playing field for everybody. IOTT players do not operate in a vacuum but interact with “REAL” world products and services, and result in creation of innumerable jobs. In an ever more connected world, any law or regulation which breaks this ‘FLAT’ and ‘NEUTRAL’ nature of the Internet would harm economic growth.

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: Any discussion regarding pricing of OTTs must not be confused with security related issues, and security related issues must not be used as an excuse to levy charges on OTTs. The question of security requires a completely separate debate in itself. The government must enhance its surveillance techniques and make interventions as necessary.

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: All OTT services should adopt state of the art security standards in online communication. And they should keep consumers informed about the right privacy and security choices. In fact, the government should be pro-active in making companies aware of such practices.

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: As already answered, NO regulatory framework is required which violates Net Neutrality.

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: A FREE and OPEN Internet is a pillar of democracy and our fundamental rights. Internet service providers and governments should treat ALL data on the internet EQUALLY, not discriminating or charging differentially by user, content site, platform, application, type of attached equipment, or modes of communication.

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 discrimination is ever reasonable. Any kind of traffic discrimination or management practices should NOT violate principles of Net Neutrality. And TSPs should be completely transparent about their traffic management principles.

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: Again, any case by case traffic management of OTT applications, even if it is transparent, violates Net Neutrality. So, this question won’t arise if TRAI ensures Network Neutrality.

Question 12: How should the 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: Free market forces should allow TSPs to reach a price-point where they can profitably invest in network infrastructure. As a municipal water supply does not charge companies making washing machines and does not tax people for using these machines, similarly OTT players should be given a free market to flourish.

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: DO NOT violate the principles of Net Neutrality.

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: DO NOT violate the principles of Net Neutrality.

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: ALL data on the Internet is EQUAL. ALL bits are bits, NO need to segregate OTT players. TSPs need to focus on improving their existing products and quality of service.

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

ANSWER: Let the market forces come in play for an India specific OTT to emerge. In this era of globalisation, India must not create barriers on the apps. Government must just ensure that the principles of Net Neutrality are upheld. TSPs with vested interests should NEVER be able to impede consumer access to any app.

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: Again, NO regulatory framework required. NO segregation of OTT players required. NO traffic discrimination required. ALL bits are bits. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANSWER: Again, NO regulatory framework required. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANSWER: Again, NO regulatory framework required. DON’T segregate or discriminate OTT players. DON’T hamper consumer choice. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANSWER: Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.