TRAI seeks responses to the following twenty 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.
Response :-Its too early to regulate OTT services or even internet as a whole for that matter. Despite its wide usage as a technology, internet is still in its early infancy. It should left free to be grow, evolve and adapt to the needs of tomorrow. With 3D technology, Haptics, Holograms and virtual reality all in the pipeline the real potential of the internet is yet to explode. We must give it the breathing space for it to grow. Free equal access to services and information has always been the bridge between an ignorant and wise society.
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.
No need for licensing. However some form of arrangement should be created so that if they are based overseas they must share some of the revenue with the people, which in this case would be GOI.
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.
This is simply technology , market and society in evolution. the TSP must learn to evolve as well. Protection of corporations is the last thing a growing county needs. TSP's charge for date services anyway, and that includes data consumed while using skype or whatsapp. So usage of OTTs are likely to add to TSPs revenue. They are simply jealous that after all the investment they did not come up with the ideas such as whatsapp and skype and are cribbing about being left behind.
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.
Price should not be used to regulate a situation which is essentially a result of innovation and creativity in application of broadband technology. If the TSP did not manage to think up a good idea why should the guy who managed to do so or the customer pay. If they want a share of the pie. They can always make their own products and wow mus with superior features !
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.
They must share the revenue they make of the Indian public. Either as Tax or some other form of legally permissible arrangement.
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.
There is no security in today's virtual world. Its a pipe dream. Its great to invest in cyber security against organized attack such as a war time attack against infrastructure. But trying to monitor communication between individuals is impossible. Too many loopholes , too many path ways and increasing by the micro-second ! ;-)
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.
They already do. Its encrypted. And further for additional security one can always use TOR and route services via TOR. Also apps like 'Telegram" are already offering encryption. Also one is not expected to randomly share info such as bank details and passwords over whatsapp and other open 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.
No idea
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.
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.
There should be NO DISCRIMINATION. Added pricing would mean a large corporation can afford premium service and a start up will not have able to afford the same .No better way to kill small business players . A flipcart.com can always afford something that a start up cannot. Why would anyone what to create price discrimination, over an essential service like Internet. Internet is the new water and air for human society.
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?
YES.
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
TSP will invest as he always did before. He will make money as before and now with OTT use fueling added data use it will give them more revenues.
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.
They can offer discriminate on basis of principles of free market. Discriminate on the basis of better service, better experience, better security . Discriminate on the basis of advertising and PR.
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.
NO justification for price discrimination. It will stifle innovation. Unless the OTTs themselves compete on the basis of free market , in which case it benefits consumers.....
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.
No they are not bulk users. There should be no concept of " Bulk usage" . Everyone must be able to use as much. Only thing one can consider is " Fair usage" to ensure everyone gets a piece of the pie....
Question 16: What framework should be adopted to encourage India-specific OTT apps? Please comment with justifications.
Encourage innovation, scholarships, research, get into the damn colleges where the talent is and challenge them ! Dare them !
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.
No idea
Question
18: Is there a need to regulate subscription charges for OTT
communication services? Please comment with justifications.
Nope. Let free market sort it out ......dont fix whats not borken !
Question 19: What steps should be taken by the Government for regulation
of non-communication OTT players? Please comment with justifications.
NONE
Question 20: Are there any other issues that have a bearing on the subject discussed?
Leave internet alone. Let the baby grow into he beautiful phenomena that may one day save humanity from itself !