Subject: Lets Support #NetNeutrality
From: Avimanyu
Date: 07-Apr-15 10:34 PM
To: advqos@trai.gov.in
CC: netneutralityindia@gmail.com

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.

The Internet is a global platform. Categorizing its usage is a clear violation of Net Neutrality. Considering any free web based service on the Internet as OTT looks technically impractical. A regulatory framework for Indian Internet is required as soon as possible which the gives utmost importance to Net Neutrality and the best fair usage policies(FUPs).

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.

There should be a license regime that considers violation of net neutrality and poor FUPs as a cyber crime.

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.

People depend more on the Internet than call networks these days. Poorly managed fair usage policies are the sole reason. Better FUPs should solve this problem and compensate revenue losses.


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.

FUPs should be set to the right price to performance ratio. Speeds should be no less than 1 Mbps after exceeding data limits for unlimited internet plans.

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.

Yes, the imbalances being referred to is mainly because of poorly designed fair usage policies. TSPs/ISPs should follow ACT Broadband as an example who provide truly "fair" usage policies.

"Fair usage policies" should be replaced with "Best usage policies"

Also, there is no law and awareness in India about Net Neutrality.

There would be more number of consumers if FUPs are properly planned resulting in a better economy.

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.

Proper verification and awareness of SSL on websites. Protection and respect of consumer's privacy. ISPs should not track consumers to show relevant advertisements. International usage of free internet services should be respected and international transactions should have OTP security protection.


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

ISPs should not track consumer activity to show relevant advertisements on any website. If a consumer reads an article on any topic, ISPs should not use words from the web-pages to generate relevant ads.


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.

India should design its own regulatory framework for the Internet alone and no OTTs.

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.

As there is no law that is based on net-neutrality, a regulatory framework solely for the Internet should be established. Ignorance on the principles of net-neutrality has led to the creation of OTTs.


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.

Internet is an ocean of knowledge and violation of net-neutrality is a big blow for researchers.For example, YouTube.com is a part of the internet which a huge resource of video tutorials and no TSP can restrict users and force to pay separately for it. Creation of OTTs is baseless as it harms the consumer's usage rights and discriminates internet usage among different TSPs.

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?

Yes, traffic management should be learnt from the application developers. For example, hike messenger which recently introduced voice calling has lowest data usage rates for 2G calls(2 KB/s), medium for 3G(2.5 KB/s) and highest for Wifi(7 KB/s). This ensures minimum expenditure of data. These kind of models should be followed by the Telecom Operators. Fair usage policies should be properly revised with minimum speeds of 1 Mbps.

Publishing the various traffic management techniques would definitely ensure transparency and a fair regulatory regime.

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.

A team comprising of financial and technical managers should be setup to maintain the efficiency in the network infrastructure. Innovation and ideas should be applauded to boost productivity.
Network upgradation costs should be adequatey distributed among the central government,state governments and the telecom service providers.

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.

Strictly no. If any particular internet service is offered for free without a data plan, then it should be universal among all ISPs/TSPs, otherwise no. No 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.

No. There should strictly not be any kind of differential pricing for data access or any specific internet service. There should be a proper revision of fair usage policies and speeds should be no less than 1 Mbps.


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.

No. Implementation of proper traffic management techniques and better fair usage policies should ensure prevention of any discrimination and protection of stakeholder interest.


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

OTT is a myth. There are only apps that use an internet connection just like any other internet browser or application.

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.

No ASPs or CSPs please. Only ISPs.

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

Either make the service free for every ISP/TSP or keep it a part of the Internet data plan.


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

Government should set up a law to either make that service free for all ISPs or keep it a part of the Internet data plan.

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

Definitely. TSPs and online services are violating net neutrality principles.

-Avimanyu Bandyopadhyay