Subject: Answers To 20 Questions Put Up By TRAI
From: Ashu Shahi
Date: 07-Apr-15 7:01 PM
To: netneutralityindia@gmail.com, advqos@trai.gov.in

To TRAI,

You posed certain questions to the educated internet using citizens of India, and though I remain a bit confused as to why such long and tiring questions are being posed to a regular consumer of internet in a country which is still far from understanding the concept of internet, I very well will try and justify my points for net neutrality and freedom on internet.

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.

ANS 1. - No Regulatory framework should be formed with an intention to curb net neutrality, control on OTT will result in dampening the hopes individual content creators and artists it would also lead to controlled media which takes aay freedom from the people.

In conclusion no regulatory frameworks should be amended so as to skew the balance in favour of corporations which already control a large part of media. Freedom of expression would be stolen by such activity.    

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.

ANS 2  - No, OTT players offering communication services (voice, messaging and video call services through applications (resident either in the country or outside) use the network of Internet as any other mailing or video streaming website. the internet which thus is used for these services is also paid for to the telecom operators, I dont see any reason to pay the operator twice for using just one service.

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.

No, if we stop using telecom operators calling and messaging feature, we compensate for it by paying for the expensive 3G & 4G services offered. Laying one more tariff rate would spell injustice for consumers and things might as well get out of hand with the companies charging us exponential rates.

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.

ANS 4 - Paying telecoms because people are using OTT apps is a ridiculous idea. 
Why should an OTT company pay telecom company money because their user is using their app through paying the telecom company (For Internet). This would lead to a two way income stream for the telecom companies. And burden the consumer by increased cost of the OTT service too. So now the consumer would have to pay extra money to both the OTT and the Telecom company. This move is uncalled for.

 
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.

Money would be drained from the common people into the telecom operators pocket. Freedom of internet would be suffocated, and a platform for poeple to voice their opinions would be lost. 
Internet was a huge boon for common man, but seeing your series of questions and answering them feels just like taking rounds of a government office in hopes of getting one's job done.


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.

ANS 6 - There is no security threat all OTT services shall be brought under one umbrella of approval to operate in India once they receive this approval their work should not be stopped.
Keeping the OTT's secure is the question that you should really ask the OTT's themselves. 

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


ANS 7 - All OTT services should adopt state of the art security standards in online communication. And they should keep consumers informed about the right privacy and security choices. In fact, the government should be pro-active in making companies aware of such practices.

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.

ANS 8 - As already answered, NO regulatory framework is required which violates Net Neutrality.

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.

ANS 9 - A FREE and OPEN Internet is a pillar of democracy and our fundamental right. Internet service providers and governments should treat ALL data on the internet EQUALLY, not discriminating or charging differentially by user, content site, platform, application, type of attached equipment, or modes of communication.

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 10 - Any kind of traffic discrimination or management practices should never violate principles of Net Neutrality. And TSPs should be completely transparent about their traffic management principles.


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?

ANS 11 - Again, any case by case traffic management of OTT applications, even if it is transparent, violates Net Neutrality. So, this question won’t arise if TRAI ensures Network Neutrality.
Telecoms should not at all be allowed to control the internet. Internet is a public property. It cannot be amended according to desires of certain corporations.

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.

ANS 12 - Free market forces should allow TSPs to reach a price-point where they can profitably invest in network infrastructure. As a municipal water supply does not charge companies making washing machines and does not tax people for using these machines, similarly OTT players should be given a free market to flourish.
I stand firm for net neutrality, Your questions keep leaning towards a situation where OTT's would face a surcharge, at this point I am wondering does the public opinion matter to you at all? Or are you just hammering similar fashioned questions to bring the survey to a dead end?

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.

ANS 13 - Again, DO NOT violate the principles of Net Neutrality.

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 14 - Again, DO NOT violate the principles of Net Neutrality.

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 15 - ALL data on the Internet is EQUAL. ALL bits are bits, NO need to segregate OTT players. TSPs need to focus on improving their existing products and quality of service.

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

ANS 16 - Ensure that the principles of Net Neutrality are upheld. TSPs with vested interests should NEVER be able to impede consumer access to any app.

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.

ANS 17 - Again, NO regulatory framework required. NO segregation of OTT players required. NO traffic discrimination required. ALL bits are bits. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANS 18 - Again, NO regulatory framework required. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANS 19 - Again, NO regulatory framework required. DON’T segregate or discriminate OTT players. DON’T hamper consumer choice. DON’T hamper industry growth. Uphold Net Neutrality.

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

ANS 20 - Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.

The telecom operators are in 100's but we the net neutrality supporters are in million, do not play with our freedom. this is not a threat its a warning. The common man is already too tired of fighting for his physical freedom, to now get up and fight for this virtual one.

Jai Hind

Regards 
Ashu Shahi