Hello TRAI,
Here's my answers to all the 20 questions:
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: Yes, it is too early to impose such regulations. Internet has not reached every Indian village yet and there are people who haven't used it once yet. Imposing such regulations will make it harder for such people to access internet.
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: No, OTT players should not be made pay extra for their services. Internet is a communication medium and there should be no restriction on what for it should be used. Any amount of data passing is just information in 0's and 1's; no matter who is the service provider.
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: No, growth of OTT is not impacting the TSPs. Usually TSPs charge a user for the amount of Internet data they would use in a month (let's say 2GB). The users pay fair amount for, let's assume, 2GB data and TSPs get proper amount of money for their network infrastructure. As I said Internet data is just 0's and 1's and there should be no restriction on what this binary information contain.
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.
Answers: No, absolutely not. In fact TSPs should make their network infrastructure better. TSPs charge a consumer for 3G data pack but are not even able to provide optimum bandwidth to the consumer.
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.
shared on the OTT players servers. OTT players can place man-power for monitoring purposes and that would also provide jobs to thousands of professionals in India.
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.
Answers: OTT players should be asked to pass a security clearance audit from a third part organization (approved by Indian government), that will check whether the OTT is eligible for providing it's services to Indian consumers without compromising security.
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.
Answers: OTT players should have transparent and clear policies to protect the consumers interest. As I mentioned above question number 6, that third party security firms that are authorized by Indian government should ensure anything related to security, privacy and safety of the consumers' data.
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.
Answers: Internet should remain open and neutral for all. Let consumers decide what they want to use the medium of Internet for. If TSPs are having issues with their network then it's time for them to upgrade their infrastructure.
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.
Answers: All I want to convey is that there should not be any discrimination for service providers. If Indian government is concerned about the security then ask the service providers to get a proper security audit and make service providers to keep doing that at regular intervals, similar to the process of getting an EV-SSL certificate. Make service providers
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.
Answers: Traffic discrimination is not reasonable unless it is a case of National Security! Throttling traffic for a service provider's interest is totally crazy.
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?
Answers: TSPs should publish traffic management techniques used by them to keep their network up and running. But NO there should not be throttling of traffic at all.
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
Answers: TSPs make huge money, they should spend that on their network upgradation. Here's an idea, various TSPs can team-up and then help to upgrade their network backbone together.
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.
Answers: No there should not be any kind of discrimination. Any such practices should not be acceptable at all. TSPs should publish their network management policies on their official website and other accessible medium so they act fair to all their consumers.
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.
Answers: No there is NO justification for discrimination! Not at 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.
Answers: No there should not be any kind of discrimination. Impose strict rules on TSPs so they remain fair to all their consumers and don't discriminate OTT service providers.
Question 16: What framework should be adopted to encourage India-specific OTT apps? Please comment with justifications.
Answers: people will use India-specific OTT apps if the consumers find them useful. There's no such principle to make users like one app over the other.
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.
Answers: OTT communication service providers are just some companies whose service are more useful to the consumers. THe consumers find them more innovative and like them. There should not be any discrimination of service providers.
Question 18: Is there a need to regulate subscription charges for OTT communication services? Please comment with justifications.
Answers: No there should not be any throttling/pricing regulations on using OTT communication services.
Question 19: What steps should be taken by the Government for regulation of non-communication OTT players? Please comment with justifications.
Answers: First of all there should not be any discrimination of service providers at all. However, Indian government should ask service providers to get a proper security audit from third party organizations (authorized by Indian government).
Question 20: Are there any other issues that have a bearing on the subject discussed?
Answers: Let consumers choose what they want to use Internet for.
Regards
Manmohan Bishnoi
CEO
Renuilus Technologies Pvt. India Ltd.
Chandigarh