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.

 

Any regulatory framework which breaks the principles of Net Neutrality should NEVER be adopted, neither now nor in the future.

 

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.

 

 NEVER 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.

 

Radio channels cannot tax television channels for reduction in revenue. 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 India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests.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.

 

OTT players should NEVER pay TSPs for anything that can entail 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 114 virtual world) and compliance enforced? What could be the impact on the economy? Please comment with justifications.

 

The Internet IS a levelled playing field for everybody. In today’s world, OTT players do not operate solely in the virtual world but, on the contrary, 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.

 

This  question  requires a completely separate debate in itself. First and foremost, governments and all companies should respect and uphold the consumer’s Right to Privacy. If we lose privacy, we lose freedom itself because we no longer feel free to express what we think. India cannot be allowed to become a complete surveillance state which taps every OTT service which a consumer accesses. Second, OTT services should be allowed to freely combine and bundle online communication services within applications, and shouldn't be forced to keep data records. For example, an online vegetable ordering service should not be forced to save online communications between a buyer and seller.

 

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.

The OTT services should be held to the same standards of security, safety and privacy as any other business that operates in India. There should be no separate laws that apply to online behaviour and offline. And given that high speed Internet access is still in its infancy in India, any such laws should be applied first and foremost to offline businesses, which will impact a larger number of Indian customers.OTT players do need to ensure that user data is treated as securely as possible, and need to ensure that our information is not misused in any way. However, the government and offline services need to be held to the same standard, and all need to be as transparent in their activities as possible.

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.

The ETNO proposal is not necessarily relevant to Indian conditions - the markets and users are entirely different, and our focus should be on encouraging more users to get on the Internet, and to encourage more Indian businesses to use the Internet.

The telcos need to innovate to come up with new features that can provide more value to the customer, instead of innovating to come up with new ways to charge the customer for the same (shoddy) service that they are already providing.

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.

 

 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.

 

Any kind of traffic discrimination or management practices should never 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?

 

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.

Telcos can't price their access at an unsustainable rate and then argue that their costs are not being met because of OTT services. The increase in data access costs should be enough to pay for network upgradation over time. If the telcos were hoping to earn enough from the Indian customer to be able to grow without any risk, then they might need to rethink their strategy.

So far, customers have seen continuous degradation of quality in telco services - whether voice, text or data. This has not improved over the years, and the only innovation we see from telcos is in finding new ways to get us to pay for the same basic services. This is something that needs to change, and urgently, because for many of us, the only true value from telcos today comes via OTT services.

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.

The telcos should not ideally be discriminating between services. As we mentioned above, the only measure that is (somewhat) fair and understandable to the customers is data caps. "Fast lanes" of access are particularly rating, and while there can be an argument made in favour of zero ratings access, from a purely academic perspective, we would say that this is also anti-consumer and hurts the Indian Internet user.If so, under what circumstances are such practices acceptable? No, this is not acceptable at all - non-priced discrimination is often hard to measure or understand, and can easily be used to hurt our experiences.What restrictions, if any, need to be placed so that such measures are not abused? These measures should not be in place at all.What measures should be adopted to ensure transparency to consumers? Non-price based discrimination should not be adopted. The networks need to improve their service, instead of continuing to try and get us to pay more for less.

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. People should not have to pay extra to access services simply because telcos are not ready to innovate to compete anymore. There is no circumstance in which this should be justified.

 

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.

 

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 Indiaspecific OTT apps? Please comment with justifications.

 

The free access that helps OTT apps from around the world to grow will also help Indian and India-specific applications. Just as there shouldn't be discrimination between online and offline businesses, there should also not be discrimination between Indian and other services.

 

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.

We do not believe that OTT services should be licensed, but if this is to happen - and it shouldn't - it should be as ASPs (Application Service Providers). There should be no discrimination based on the type of service being offered.

Given that there are tens of thousands of apps on each platform, with many more being created every single day, a licensing regime would be impractical, and if carried out, could hugely negatively impact the experience of Indian users.

 

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

 

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.

 

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?

 

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

 

 

Thanks

Rakesh G | +919840165765