Subject: Net neutrality
From: sripad panyam
Date: 10-Apr-15 7:31 PM
To: advqos@trai.gov.in

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: As internet is still spreading by imposing a regulatory framework the spreading of internet will be blocked and only a few sect of people can access internet. Which is not a good sign of development. So, regulatory framework 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: It is like hampering the services provided by the application providers from being user friendly. If already a service provider is giving message and would like to add voice service then it will be taxed and he will not be able to update and be creative in applications and giving new services. its like the evolution is being hampered.

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 : 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. 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 India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests.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: No, OTT players should never pay more than data charges. TSPs have already raised the data charges quite a lot. And rising more will break netneutrality which is like a burden on people as if government trying to stop the spread of internet in India.

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 : The Internet is a leveled 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. Companies like flipkart, Amazon helped in India economic growth both by investing in India and By creating a number of jobs.

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 : This requires a complete data base to store so much of information which is a burden to the company and 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. It is as if i am being watched for every action i am doing poking into my privacy which violates my fundamental rights.

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 : OTT players should adopt some standard procedures like quality management procedures for maintaining security and safeguard the user information. Government should in fact help by establishing some quality procedures and explain how to achieve 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.

Answer : No regulatory frame network please.

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 : 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.

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. By expanding their network coverage they can make profits by expanding their consumers and offering different packages.

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: this violates 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: It is like buying a lot of items and using some thing from each item. wastage is more and consumers suffer a lot from it and it may be possible that people stop using net services once in for all.

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 : 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. Don't kill internet at a booming stage where millions are people still lack access to internet