Respected Sir ,

I am writing to express my concern against the actions telecom carriers are taking to restrict fair access to the internet (i.e. Net Neutrality). As a thriving and growing nation, the internet is a vital resource - it helps me communicate, work, and thrive as a citizen. If telecom operators are allowed to discriminate the flow of internet traffic solely on the basis of which services pay the most, we are allowing telecoms control over a vital and necessary technological resource. We allow them to define what information we can view; what entertainment we can access; and what companies can innovate. This is completely unfair and harms India's long term role as major player in the global market.

I understand the concern that regulation may deter telecoms from expanding access and speeds, but I strongly believe the growth of telecoms and the well-being of the internet can go hand-in-hand. I'm not asking for regulation so strong as to stifle progress, but only a framework to ensure long term and fair access for all services regardless of size.

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 and it always will be because there should be no regulation over OTT services.

Reason: OTT services are just like any other Internet website like Facebook or Google. When you allow providers to regulate some of the Internet-based services you are opening a Pandora's box. It means providers can control any Internet-based activity and that will be the end of Internet freedom as we know it.

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 and justification same as for question #1.

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 it is not.

Reason: The TSPs revenues are only increasing because the more people use OTTs the more Internet usage time they will need to buy from the providers. When TSPs saw how popular OTT applications are they decided they need to find a way to monetise that. When a user pays to use WhatsApp or viber they are actually paying TSPs money for using the data that the user already paid for! This is so unjust that I cannot believe how they could even think of making such a demand.

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.

Answer: No they should not.

Reason: Again I want to assert that this is no different from making, say, Google pay the TSP a fee for every time an Internet user performs a search. This is completely against the idea of net neutrality. There should not be any pricing options because there should not be any price at all.

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: OTT applications should not be regulated.

Reason: Mentioned above.

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: The laws should not allow law enforcement authorities to access a user's personal conversations and other data unless there is a matter of national 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.

Answer: OTTs should take measures to ensure only the sender and the recipients are able to view or delete their messages and pictures. Programmers or database administrators should not be able to access that kind of information. Encryption keys and algorithms must be known only to computers. In case of legal authorities requiring access they need to obtain an order from the supreme court asking the OTT provider to do so. In that case special algorithms can be run to extract the required records.

Reason: Right to privacy is extremely important in the information age.

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: Neither paragraph 4.23 should be applicable for reasons mentioned above.

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: Net-neutrality is of supreme importance in any country. As for paragraph 5.47 the transparency aspect is just a set of vague outlines. They need to be re-worded using more concrete terms in such a way that TSPs shall not be able to deny responsibility when the guidelines are not satisfactorily met.

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: The OTTs should not have any control over what can be transmitted through their services.

Reason: Because that kind of control can be misused by OTTs in the same way regulation laws can be exploited by TSPs in ways that are completely against the concept of net neutrality.

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: No because there should not be a regulatory regime because of the reasons mentioned above.

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.

Answer: The TSPs alone should be responsible for network maintenance.

Reason: Making CAPs pay money to TSPs in return for network usage is counter-productive because a large chunk of the TSP's income come from the users of OTT services.

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: A huge NO!

Reason: TSPs being able to discriminate services based on factors other than price means they will be able to restrict the usage of a particular service to users as well as throttle the bandwidth of CAPs as a way to coerce more money from them.

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: No.

Reasons: Same as for questions #1, #2, and #14.

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: No.

Reason: Because that would mean (eventually) we're back to making users pay for the data that they already paid for. In addition TSPs will be able to control the data traffic based on the source which would mean that net neutrality is violated. Also stopping TSPs from incentivising their own services or double-dipping is going to be an impossible task both in theory and in practice when they have complete control over the traffic; and especially so with the state of corruption in our bureaucracy.

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: No.

Reason: Because that would mean (eventually) we're back to making users pay for the data that they already paid for. In addition TSPs will be able to control the data traffic based on the source which would mean that net neutrality is violated. Also stopping TSPs from incentivising their own services or double-dipping is going to be an impossible task both in theory and in practice when they have complete control over the traffic; and especially so with the state of corruption in our bureaucracy.

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

Answer: There should be no regulation and no framework for reasons already stated above.

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: Same as for question #16.

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

Answer: No there is no need.

Justification: Provided above.

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

Answer: The government should not regulate non-communication OTT players either.

Reason: Same as for questions #1, #2, and #14.

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

Answer: Nothing that I can name off the top of my head right now.

Please understand that the internet is an important resource and vital to me. I would like to see it protected under Net Neutrality to ensure fair and equal access for myself and all.

Regards,

Ranju R