Dear TRAI,

Here are my answers to the questions asked by you:

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?

NO. It's not that it's too early that I oppose this. We can never

support any regulation on what is done on application layer of the
internet (which use chose to call OTT). It is absolutely important
that internet not be killed with an attempt to regulate. At any point
such regulation will
go against the principle of fairness and justice.

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?

NO. Differentiating any service based on its use goes against the

principle. Why separate out
voice services? If today voice services are a problem tomorrow some
other service might be
problematic to the stakeholders. As long as a consumer is paying for
the bandwidth (internet charges) it should not be even a question.

Is the growth of OTT impacting the traditional revenue stream of
telecom service providers (TSPs)? If so, is the increase in data
revenues of the TSPs sufficient to compensate for this impact?

TSP's chose to invest in this business for their own gains. They have

made sustained revenues. If they didn't innovate and evolve, does it
mean consumers have to suffer?
Is it a concern for TRAI or Indian Govt to make sure all the business
are profitable? For that
purpose are they willing to ban/tax any new innovation/technology? If
today retail shops
are suffering due to e-commerce does it then make sense to ban/tax ecommerce?
Do you really think TSP is a difficult biz right now, then how come 2g
auctions have fetched such high bids?


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?

Asking OTT players to pay TSP's defy any sense. Doing so will promote a cartel.

Imagine an Indian start-up wants to create a new social networking
app. Would they
then have to get funding to pay to TSP's? It will create an
environment where beyond
the date charges paid by customers startups will have to shell out. Is
it not double taxation?
Bandwidth consumption is already paid for. Giving TSP's the right to
chose what to browse/use on that bandwidth is unethical.


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?

NO. There are no apparent imbalances. Technology keeps on evolving.

Existing Laws are still applicable to users of OTT services. Internet
is not beyond existing laws.

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?

Security concerns need to be enforced for all players. All OTT players

must be willing to comply with security measures. OTT players
resinding outside the county would be
willing to do the same. This has been clearly shown in cases related
to Facebook & Google
where they have respected court orders.

How should the OTT players offering app services ensure security,
safety and privacy of the consumer? How should they ensure protection
of consumer interest?

Most of the app services are free (beyond data charges) of course. It

works on market demand/supply regime. If a OTT player fogoes consumer
interest, more often than not
consumers shun such services.  If an app asks for customer subscription amound,
do you not agree that consumer courts implicitly have jurisdiction?

In what manner can the proposals for a regulatory framework for OTTs
in India draw from those of European Telecommunications Network
Operators (ETNO)? What practices should be proscribed by regulatory
fiat?

I am not aware of the exact laws set by ETNO. But world over

net-neutrality takes precedence
over any frameworks.

What are your views on net-neutrality in the Indian context?

India is a growing country in terms of internet adoption and

technology innovation. Any form
of discrimination powers given to TSP's would only stunt this growth.
Internet is different
from broadband. Broadband charges are paid by the users. Internet
services on mobile handsets are also paid and with a heavy data
charges. Internet based services are so popular
only because of this neutrality. If an OTT player is forced to pay, it
will only lead to
surreptitious advertising, invading privacy of the users and any other
means to earn
revenues. When such mechanisms fail internet services would shut down.

What forms of discrimination or traffic management practices are
reasonable and consistent with a pragmatic approach? What should or
can be permitted?

No form of discrimination is acceptable. It is important to understand

that a free internet
is the not only desirable but also mandatory for the future of the nation.

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?

TSP's should not manage traffic on the internet. It's not their job. A

fair regulatory mechanism
is to let data charges reflect the cost incurred by TSP's.

How should a conducive and balanced environment be created such that
TSPs are able to invest in network infrastructure and Content and
Application Providers (CAPs) are able to innovate and grow? Who should
bear the network upgradation costs?

Network up-gradation costs are to be incurred by the licenses of the

spectrum. The providers of internet. They are expected to earn revenue
from selling bandwidth. Any measures to deviate
will stop innovation or growth.

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?

Any differentiation- price or non-price will only hamper innovation.

Lets say a new app
is developed by a group in Bangalore. But since they cannot pay the
TSP's their bandwidth
and speed is limited. A consumer pays for 2MBs speed but for that he
is allowed only 128 kbps. Obviously he will not be to use such apps.
No amount of regulation can control that.
If today facebook is popular and TSP's are allowed to charge for that,
people will migrate
to some other app. You cannot control the internet.

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?

OTT communication is no different from data access. Over the internet

it's all bits.

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?

If you start treating OTT communication services as BuTS they will be

expected to pay a
fee. Again like I said it will block innovation. The principle here is
the consumer is expected to
pay (by paying for data charges).

What framework should be adopted to encourage India-specific OTT apps?

Market demand-supply chain has already dictated that. All popular apps now

support different Indian languages. Most of internet services have now adopted
to local tasted and regionalisation.

If the OTT communication service players are to be licensed, should
they be categorised as Application Service Providers (ASP) or
Communications Service Providers (CSP)? If so, what should be the
framework?

They cannot be licensed.

Is there a need to regulate subscription charges for OTT communication services?
What steps should be taken by the Government for regulation of
non-communication OTT players?

Again regulation of internet is not a good idea. Subscription charges

are paid by the consumers
based on the quality of the service. With the infinite options
available today, consumers will quickly switch to a different service.

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

Net neutrality is not just a concept. It is the entire basis of a free

internet. Telecom spectrum is
already licensed and paid for by the consumers. Any attempt to
imbalance this ecoystem will only damage the interests of the
consumers.

Regards,
Bhavin
+91-9742164366


-- 
Bhavin Chauhan
+91-9742164366