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 India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests.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
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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.
Question
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.
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 Indiaspecific
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.
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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.
Best
Praveen Pamdey