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.

Ans: No it is not early at all. Regulatory framework has to go hand in hand or lead the way. Take example of road speed limit of 50kmph. Do you think it wise to wait for people to buy cars first and then impose a rule, or should the rules be present earlier? In fact, an adaptable framework implemented right now would make a lot of sense for all players involved- network operators, OTT, users etc.

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.

Ans: Depends on definition of licensing here. If you mean permission just to operate in India then no, there should be no restriction of that sort. If you mean monitoring, then yes that should be mandatory, including data logging and access of this data to national security agencies.

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.

Ans: First part, yes OTT growth will impact traditional revenue streams of TSPs. But then that is why they need to move with the times. Long gone is the time when ppl spent 2 Rs. per sms, with the advent of whatsapp etc. and other services.

Second part, yes the increase in data revenues is more than sufficient to compensate for this impact. With 3g connectivity more ppl are using internet and related services/apps such as youtube, google search, facebook etc.

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.

Ans: I believe, in my opinion, OTT players should not pay any extra for use of TSPs network. Consumers already pay for data usage to TSPs. However, in the extreme case that bandwidth consumption and app based pricing is introduced, how would you avoid cartelization, predatory pricing by TSPs and blacklisting/bandwidth-throttling of certain apps by TSPs. Only once this part gets answered can the answer to original question become clear.

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.

Ans: Yes, imbalances do exist. They need to be under the ambit of some agency or law through which security agencies can track/monitor data and usage, similar to internet monitoring by DoT i think. Beyond national security, however, i cannot think of other scenarios at present. 

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.

Ans: Similar to how the government asks google or facebook for data, the same way the OTT players should be mandated to keep data logs/records, irrespective of their location within/outside india. This may be checked for feasibility, whether its easier for TSPs of OTTs to track this. For instance, ISPs are mandated to keep records for broadband usage, you don't ask microsoft/windows to keep those logs. You may take the famous case of blackberry india as an example, where there was a debate on their servers and encryption and access being provided to national security agencies.

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.

Ans: This would be difficult to enforce as a rule/law. I am sure they do ensure basic security etc for user data/details etc. However an interesting point i see here is the case of hacks/data leaks/security breaches, and how to address those.

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.

Ans: I do not have an answer for this yet.

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.

Ans: Net neutrality is a must in Indian context, if the growth in subscribers as well as the revenue per subscriber is to increase. Only if the people have freedom to choose what they want, in terms of how to consume the data, will this segment see the growth. If net neutrality is absent, I can vouch for myself that I would be hesitant to avail of further 3G/4G services by my operator. In my opinion, TRAI should regulate how the said principles are implemented, specially QoS, min-max price ranges, transparency and freedom to choose/migrate.

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.

Ans: Considering a pragmatic approach, no form of discrimination should be allowed. This should be similar to the freedoms/rights of users. Traffic management may be allowed to a certain extent, provided the TSPs can guarantee that other traffic wouldn't be penalized under any circumstance. For instance, a TSP may offer a paid pack for Skype that will guarantee 7.2Mbps speed (over 3G) for skype calls, however this doesn't mean that a consumer already using 3G by same operator would be penalized/throttled that his skype runs below 3Mbps (or whatever is the minimum guarantee under the plan/3G/service). In other words, traffic management should be for additional and privileged services, and not as restriction for basic services. At no point should a consumer be forced to pay extra to TSP if he wants to use Skype.

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?

Ans: No this is not sufficient. Minimum service guarantees need to be enforced along with QoS. Please see my response to Q10 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

Ans: Of course the burden lies on TSPs. If they upgrade network infra, they don't do it for free. 3G consumers paid through their necks for high data speeds. Similarly for 4G rollouts. Therefore TSPs stand to gain the maximum as well.

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.

Ans: See answer to Q10 above.

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.

Ans: No there appears to be no such justification for 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.

Ans: The concept of BuTS is interesting and requires more discussions for clarity. As long as there is no discrimination, this is also a viable option.

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

Ans: India specific OTT apps should be treated at par with other OTT apps. I think this discrimination will not be helpful in any way. 

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.

Ans: ASP makes more sense. However, the basic differentiation can be on the basis of, those OTT players who provide voice calls, video calls, text/messaging - these can be CSP, all others would come under ASP.

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

Ans: Yes, to avoid predatory pricing and cartelization.

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

Ans: An amendment/new law similar to IT act needs to be implemented.

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

Ans: None at the moment that I can think of.