Subject: Let the internet be free and neutral
From: Adarsha Bhat
Date: 07-Apr-15 6:25 PM
To: advqos@trai.gov.in

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?
Regulatory framework is needed to address law and order issues (user data security, copyright infringement etc). But regulatory frameworks need not worry about protecting financial interests of TSPs
Evolution of OTTs is a natural one. As the technology evolved, companies came up with ideas to harness the strength of technology. They provided services superior to and replacing the traditional TSP provided services. So, curbing this growth would simply hamper the growth of the internet.
1. 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. Absolutely not needed.
Licensing has already damaged the nation’s financial growth significantly in the past. We already have enough historical learning in licensing. No need to experiment with the OTTs again.
2. 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?
Yes. There is impact when it comes to the traditional communication revenue (voice call and SMS). But it’s more than compensated by data revenue.
3. 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?
No. 
That would earn extra money for the TSPs at the cost of net neutrality. 
4. 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?
OTT players are fundamentally different from TSPs. They play on top of already regulated TSP networks. Some regulations applied on TSPs impact the OTTs and some don’t. 
There are two different aspects to the regulations. First the financial aspect where TSPs are spending money to get licenses and the second the legal aspects where the TSPs are supposed to filter out certain contents and open up certain content to the government agencies. When it comes to the money matters, TSPs are able to make up for their losses via the data revenue (very natural. Isn’t it?). When it comes to the legal issues, neither of the two can be completely regulated. (Place some 4096 bit RSA encrypted content and see)
5. 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?
TRAI can set up guidelines for OTT players. There should be minimal guidelines which ensure law and order and at the same time not scaring innovators. 
The licensing and regulatory regimes in other industries is the main reason most people don’t start their business in India. So, let’s not screw up the same way here too.
6. How should the OTT players offering app services ensure security, safety and privacy of the consumer? How should they ensure protection of consumer interest?
TRAI guidelines should be the way to go.
7. 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?
None. 
ETNO is as much worries as any TSP should be. But their proposals are simply not good for the growth of technology.
8. What are your views on net-neutrality in the Indian context?
Net neutrality must remain the same. It makes the most sense in India where people are hungry for knowledge. Moving away from net neutrality means that TSPs are favoring some provider of service and information to others. That would be gross injustice.
9. What forms of discrimination or traffic management practices are reasonable and consistent with a pragmatic approach? What should or can be permitted?
No traffic management can be pragmatic. Net neutrality is the only answer.
10. 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?
No traffic management please. Even if TSPs keep everything transparent, the concept of net neutrality will be gone.
11. 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?
Customers pay for the data. TSPs provide the network. CAPs provide the content and service. As simple as that.
TSPs are spending money to build networks. But at the same time, CAPs have to invest a lot of money in building their infrastructures. CAPs have to pay for Content Delivery Networks. CAPs have to invest in building their services and reaching it to the customer. 
12. 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?
Existing discrimination between voice and data is enough. Voice should be given higher priority to data.
13. 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?
No. Such differential pricing makes no sense when fundamentally OTT is driven by data.
14. 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?
No. Customer should be the one paying for the services he is enjoying. Any other revenue model is artificial and hence can’t stand in the long run.
15. What framework should be adopted to encourage India-specific OTT apps?
This is a subject for research. I have no clue, absolutely.
16. 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?
No licensing please.
Here you realize the complexities of the new world. It’s not more black and blue.
17. Is there a need to regulate subscription charges for OTT communication services?
No.
18. What steps should be taken by the Government for regulation of non-communication OTT players?
Lesser the regulations better the internet.
Having said that, regulations are needed in some cases. They need to be taken up case by case. For example, regulations needed for e-commerce are different from that for a video streaming site.
19. Are there any other issues that have a bearing on the subject discussed?

Details here:

http://thelogicalindian.com/…/what-is-net-neutrality-what-…/


Thanks& Regards,
Adarsha
​ ​
Bhat