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: 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.
ANSWER: 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.
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. 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companies’ not outdated incumbents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
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 virtual
world) and compliance enforced?
What could be the impact on the
economy? Please comment with
justifications.
ANSWER: 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.
ANSWER: 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.
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: 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. 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: Again, 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: Again, 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: 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.