Subject:
From: Swapnil Kaushik
Date: 05-Apr-15 11:50 AM
To: advqos@trai.gov.in

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 : I am firmly for Net Neutrality as the very foundation of the internet is that communication was made easier through its means without restriction. That means the common man was suddenly able to access all forms of knowledge including and upto scientific papers.
This debate has already happened in the US, where net neutrality was still continued despite better technology, internet penetration and higher speeds. So the question is invalid. NET NEUTRALITY SHOULD BE A MODEL NO MATTER WHAT.  

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 : The services provided by these applications are simply better at using the internet resources and far more innovative. But with the current internet penetration and speeds, they are not very widespread throughout India. Perhaps our telecom companies should look into increasing their reach first. Features like WhatsApp calling are still experimental, and are not likely to reach the quality levels of standard voice calling, so it hardly poses a threat to the telecom industry.

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 : As I see it, with applications like WhatsApp being an essentially free service in itself, the only cost to their user is the standard internet charges, which is still provided by the TSPs. So, if OTT use increases, so does internet use, and hence the revenue of TSPs. 

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, these OTT players should not, at this moment pay for this network use. OTT services are still unreliable compared to standard services like SMS and phone, and any cost levied on them as this moment will simply curb the internet spread in India.

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 : Laws can be eventually placed, but at a point where it becomes necessary. From the current point of view, it does not look like these OTTs are ever going to pose a MAJOR threat to TSP that cannot be lived alongside.

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 : That can be worked out with an agreement with the OTT

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 : The consumer should understand the risks posed by using free lance software, and it is very difficult to truly control such services unless they reside within the country.

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 : I am not qualified to answer that.

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 : I am firmly for Net Neutrality as the very foundation of the internet is that communication was made easier through its means without restriction. That means the common man was suddenly able to access all forms of knowledge including and upto scientific papers.
This debate has already happened in the US, where net neutrality was still continued despite better technology, internet penetration and higher speeds. So the question is invalid. NET NEUTRALITY SHOULD BE A MODEL NO MATTER WHAT.  

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 : As far as controlling internet transfers, no form of management is justifiable, unless a matter of security is at hand.

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 : As far as controlling internet transfers, no form of management is justifiable, unless a matter of security is at hand.

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 : I don't really know what CAPs means, but there is no specific loss in the earnings of TSPs. Even if people are moving away from traditional messaging, they are moving towards mobile internet, which is a service provided by the TSPs. Perhaps they should be focusing on the enhancement of services actually being used.

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 : There should be absolutely NO discrimination of services. Even free cost discrimination like the free Facebook plan provided by Reliance is simply harming any new upcoming services. 

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 : There is no reason to allow differential pricing.

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 : I am not qualified to answer this as I don't know how BuTS are treated differently 

Question 16: What framework should be adopted to encourage India-specific OTT apps? Please comment with justifications.
Answer : No such framework is entirely necessary.

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 : I am not qualified to answer this as I don't know how ASP or CSP are treated differently 

Question 18: Is there a need to regulate subscription charges for OTT communication services? Please comment with justifications.
Answer : I don't believe that there is any such need. If any OTT is unjustifiably charged, it will simply dwindle from the market as people will not buy it.

Question 19: What steps should be taken by the Government for regulation of non-communication OTT players? Please comment with justifications.
Answer : No steps are necessary.

Question 20: Are there any other issues that have a bearing on the subject discussed?
Answer : I do not believe so.