Subject: Keep the net free
From: Gyan Trivedi
Date: 01-Apr-15 11:05 AM
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.

Ans. Regulation is necessary but stifling the competition is wrong. If the telcos fear that they built the infrastructure and other app makers are getting free usage. Well they are free to compete in the arena by launching their own apps. But killing their speed or charging extra money is wrong. 

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.

Ans. It should be licenced but not restricted or biased. Let's keep competition free to all citizens of the world. 

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.

Ans. In a changing world with rapidly evolving technology. Things get obsolete very soon. That does not mean those in fear of it should desperately try to kill the progress. It's like asking to charge for clean energy because fossil fuel extractors have done so much work. It's wrong. We have to progress and one can't stop it. In today's world its obsolete to charge for services like calls n messages since technology has rendered it essentially free.  

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 product/service differentiation? Please comment with justifications.

Ans. It Should not be restricted. 

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.

Ans. These efforts are futile. Imbalance is a wrong term. We can't compare oranges to apples. Service providers should compare with service providers and apps should compare with apps. 

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.

ans. It's not easy to form such laws and make it all encompassing. We are just trying to complicate our lives and restrict freedom for people by thinking along such lines. 

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.

Ans. They come up with new systems and technology. Uber using a loophole cleverly providing services. 

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.

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.

Ans. Net should be free for usage by all without discrimination. 

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.

Ans. None. If we start doing this. Then soon a new arena for corruption forms where those with money to pay will monopolise the net and access to sites from poorer sources won't be possible. 

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?

Question 12: How should a 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

Network providers should bear. If they don't wanna do the business and exit it. They are free. Someone else will do it. 

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.

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.

Ans. Restriction is not justified. It's like bringing caste based reservation into the Internet. It's crazy in its essence. 

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.

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

Ans. None is needed. It's by the very nature of usage that India specific apps will be popular in India. Merit is the best to sort. 

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.

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

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

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




--
Dr. Gyan Trivedi
MBBS, MS Orthopaedics