Dear TRAI,
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 Internet/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 : There should not be any separate framework for charges related to OTT services. period. Service provides can charge for the amount of data but they can not decide how data should be used. Internet is an open medium and bringing in such regulatory framework would kill it.
Question 2: Should the Internet/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 : No. There should not be a licensing regime. Internet is a constantly evolving medium and sooner rather than later, novel ways would be invented. A framework or license regime would rather become a bottleneck. Charges levied by service providers are should treat all data equally - be it voice, messaging, video call or any other application.
Question 3: Is the growth of Internet/OTT impacting the traditional revenue stream of Telecom operators/Telecom operators? If so, is the increase in data revenues of the Telecom Operators sufficient to compensate for this impact? Please comment with reasons.
Answer : Yes, novel ways means competition and attitude/role of Telecom operators should not be that of killing one. 50 years back, we were living in a world where telegram was the fastest way to send a message. Then came telephones and then mobile and now Internet Telephony. If constant evolution of communication technology is impacting traditional revenue stream of telecom operators, it is also providing new earning oportunities (Data). Two points:
1> All data should be treated equally
2> Increase in data revenue is sufficient to compensate impact on traditional revenue stream of telecom operators.
Question 4: Should the Internet/OTT players pay for use of the Telecom Operators 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. NO. this is not a fair practice. You can not charge both consumer as well producer for the same thing. There should not be a preferential treatment based on bandwidth consumption. Internet must remain neutral.
Question 5: Do you agree that imbalances exist in the regulatory environment in the operation of Internet/OTT players? If so, what should be the framework to address these issues? How can the prevailing laws and regulations be applied to Internet/OTT players (who operate in the virtual world) and compliance enforced? What could be the impact on the economy? Please comment with justifications.
Answer : I agree that current framework is sufficient. If need be, laws can be enhanced in such a way that OTT players are liable to provide data upon request from a competent authority (e.g. judiciary system) but there shall not be a framework which would allow misuse of authority. Removal of article 66A of IT act is an example. This is a separate issue and should not be addressed along with issue of separate charges for OTT.
Question 6: How should the security concerns be addressed with regard to Internet/OTT players providing communication services? What security conditions such as maintaining data records, logs etc. need to be mandated for such Internet/OTT players? And, how can compliance with these conditions be ensured if the applications of such Internet/OTT players reside outside the country? Please comment with justifications.
Answer : Framework should provide guidelines for data retention policies and OTTs should be notified for the same - regardless of their origin. This is a separate issue and should not be addressed along with issue of separate charges for OTT.
Question 7: How should the Internet/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 : Use of new technology such as SSL/TLS ensures privacy of consumer. Laws should be set to ensure security and safety. This is a separate issue and should not be addressed along with issue of separate charges for OTT.
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 or the best practices? And, what practices should be proscribed by regulatory fiat? Please comment with justifications.
Answer : This is a separate issue and should not be addressed along with issue of separate charges for OTT. A separate consultation paper can be created to call for opinion.
Question 9: What are your views on net-neutrality in the Indian context? How should the various principles be dealt with? Please comment with justifications.
Answer : 1> Do not differentiate between type of data. An operator can charge for amount of data and speed of data but operator can not charge separately based on type of data. This is wrong at 2 levels. One, this means operator has a means to know how i am using my data which is against my right to privacy. And two, it differentiates between various services which is unfair and unjust.
2> Producer of content must not be charges extra for QoS/Bandwidth if service is utilized by many consumer. There must be equal charges for data/speed regardless of the consumption of service.
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 : None! There must not be any discrimination! Any such attempt is unreasonable, inconsistent with a pragmatic approach and must not be permitted.
Question 11: Should the Telecom Operators 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 : Yes, they must publish traffic management techniques. And if telecom operators are found to abuse/favor certain entities - be it consumer or producer of data, telecom operators must be punished harshly for this is a serious offence.
Question 12: How should the conducive and balanced environment be created such that Telecom Operators 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 : Prevalent data costs are sufficient to drive everything! Upgrade costs are routinely accounted for and data costs are adjusted as such. Innovation does not require any additional cost.
Question 13: Should Telecom Operators 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 : No. There must not be any kind of dicrimination - be it price based or non-price based. Any discrimination is unconstitutional and unjust. QoS must remain equal for everyone. There must not be any way to introduce discrimination.
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 : Except for the corporate greed of making more money on telecom operators part, there is not justification for allowing such pricing. Such a pricing is unjust, unconstitutional and must not take effect. There must not be separate charges based on type of data or OTT. Data must be treated equally regardless of how consumer choose to use it.
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. OTT player is just another user of telecom service. There should not be any discrimination just because player chose to offer services in certain areas.
Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.
Answer : Internet is free and without boarders. If an OTT app is providing better service, it will survive. There must not be any preferential treatment for India specific OTT apps.
Question 17: If the App based/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 : They should not be licensed. period.
Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.
Answer : No there is no such need. Any attempt to create an environment is unjust and must be prevented. Internet must remain open and neutral.
Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications.
Answer : This is a separate issue and should not be addressed along with issue of separate charges for OTT. A separate consultation paper can be created to call for opinion.
Question 20: Are there any other issues that have a bearing on the subject discussed?
Answer : Please ensure a framework or infrastructure such that Internet remains open and neutral to everyone. Please establish laws in such a way that telecom companies will not be able to introduce discrepancies : be it price based or non-price based. If they are found to engage in such a practice, impose heavy fine with provision of cancelling license. Policies should alway favor end-users.