"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."

Let us take the analogy of telephones. There are commercial telephone lines and residential telephone lines. The service providers are free to charge more rental for

commercial  telephone lines. IN the same vein, the difference can be made out between commercial and residential usage for broadband too.. BUT if you mean to say that

just because I used My telephone line to speak to My vendor and close a deal worth Rs 1 crore using a particular phone call, I should pay .10 lakks to my telecom company, It is really ridiculous indeed. Isn't it. ?

So I really strongly oppose regulating OTT services. In fact the service providers are free to launch their own OTT services offering better quality and can charge

prices for the same. BUT the present OTT services should NOT be disturbed. As telephone is a utility ,broadband too is a utility. It is upto the consumers to do whatever they want using the same



"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."

Broadband is a service same like a telephone. The end consumers can do whatever they need using their telephones similarly the OTT players are just using the broadband. There is no logic at all in bringing them under licensing regime.
In fact the OTT players increase the broadband usage if individual users

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."


Yes OTT is impacting the traditional revenue models of TSPS. But if net telephony is the new technology then why not TSPS too launch their own net telphony services ? and charge a premium for the same ? The present OTTs should be left undisturbed.

Also this is a serious issue since many new FUTURE services could be added to the ambit of OTT and this will never stop.

Broadband and telephones are utility services period.



"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."


NO never. Please read my telephone analogy in reply to question 1. The definition of OTT could keep on changing as technology improves and TSPs cannot be allowed to charge for each and every new technological advantage ? If someone is using OTT he is NOT using it free, he is PAYING for the broadband usage now anyhow.


"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
114
virtual world) and compliance enforced? What could be the impact
on the economy? Please comment with justifications."

This is a good question. At present laws exist which would allow telephone tapping under legal circumstances. SO the same law should be applicable to OTT conversations too. THis does not mean charging extra for OTT but it just means OTT conversations too should follow the law of the land.


"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."

Security concerns are present even in normal telephone lines. Technology should be improved and data records should be made available if needed and if possible.

Continuous research and development need to be done by the security agencies in this regard.  Case in point, Blocking of specific websites showing irresponsible

content was not possible 5 years ago but it is possible now. SO we should not BAN viewing of all websites just because we do not have a monitoring system yet.

Eventually the security agencies will have a monitoring system over OTTs but that should not be the reason for not allowing them to operate now.


"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."

For instance, How does Airtel or BSNL for that matter offer security safety privacy of the consumer for their telphone lines ? The same rules and modals should apply.



"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."

http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html?_r=0

The FCC has ruled broadband is a public utility same  as electricity or telephone.

Anything technically feasible should be applicable right away or wait for the future to apply if not technically feasible.


"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."

For example a Video service cannot hog others bandwidth. Because a customer who has subscribed for a 10GB limit per month is anyway going to pay more if it exceeds the limit.

Telecom companies should encourage OTTs since it makes people to use broadband more.

Again telephone analogy is needed here. Please see answer to question 1.


"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."


Residential vs commercial. Rates can differ and the broadband experience can differ. And residential customers hould be allowed the option to upgrade to commercial if they want.



"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?"


There should not be a regulatory regime in the first place. If so it gives  room for abuse. But the security agencies should keep on researching and developing snooping technologies. Telephone tapping would be an analogy.


"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."

The utility service cost i.e broadband rental per month or telephone charges per month should cover the same.



"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."


No not at all. This should not be allowed. As I mentioned before the primary difference should be residential vs commercial. That's it.


"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."


Non not at all. Telephones and broadband are public utilities.


"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."

OTT's encourage people to use more broadband so there should not be any classification as bulk user or single user.



"Question 16: What framework should be adopted to encourage Indiaspecific
OTT apps? Please comment with justifications."

Most of the international OTTs can be used within India.

"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 way. There should not be any difference between OTT service players and a single broadband user


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

Again my telephone analogy, would Telecom companies be allowed to charge 10 lakhs for a single phone call just because using that single phone call the customer has  concluded a 1 crore deal ?


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

If technology  is available the security agencies can start snooping right away as per law of the land aka phone tapping.


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

To summarize

Sir/Madam

All telecom companies provide utilities like telephone and broadband to the masses.
As technological advances continue more and more services and items are likely to be pulled in and labelled as OTT by the telecom companies, there is no end to it.
Broadband is a service and it is upto the end consumer to use it as and how he pleases not flouting the law of the land.
Residential and commercial usage and charges can be different and the speed can also vary

Christopher
9840427955