Subject: Re: Petition for net-neutrality
From: gurkirt singh
Date: 01-Apr-15 9:13 AM
To: advqos@trai.gov.in

Dear Robert, Ravi  and TRAI,

I am answering your 20 question with just one answer, please uphold
net-neutrality.

Here are answer to all the questions.

As a citizen and layman of India who has a great stake in this country
adhering to the principles of democracy, here go my answers to your
biased and repetitive 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: 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economy needs to favour innovative companies’ not outdated incumbents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.

On Wed, Apr 1, 2015 at 7:55 AM, gurkirt singh <guru094@gmail.com> wrote:
Dear Robert and Ravi,

I am common man. I did not understand what is written in those
documents. Parilay because it is written so technically, verbose,
uncommon language. I understand telecom operators want to control what
we should on what price. I do not want the power in their hands, if
market decides it will be even worse. I want the prices that are
reasonable and I  don't want to pay extra for any particular service.
Although, I don't use social network, please don't make it anymore
expansive. This create confusion about prices and discrimination of
services used. Please keep one price for all internet services. If you
can do something please put some filters for ads. They consume our
paid data.

I hope you won't allow telecom operator's to send us in dark age,
where they can control what we should use internet for and what we
should not?

Please don't let them take over.

Sincerely,
Gurkirt Singh