Subject: Net Neutrality : My contribution for the questions asked.
From: "Girish V.K" <girish@live.com>
Date: 07-Apr-15 9:46 PM
To: "advqos@trai.gov.in" <advqos@trai.gov.in>

Dear TRAI,


My name is Girish & i am citizen of India and have been using internet since about 13 years. I started using internet when i was in my high school for academic purpose and now make my living working with an MNC whose business model (like any other IT company) relies much on internet.


Below are answers from my side on why we need to safeguard the concept of  Net - Neutrality in India:



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.

ANSWER: Any plans to break the principles the neutral net scheme should NEVER be adopted, not now, nor in the future.

 

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.

ANSWER: No it should not be. Ex: if airline companies decide to offer online customer service through voice chat, an already heavily taxed and loss-making industry should not have to take another license.

 

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.

ANSWER: Old Radio channels be expected to have same revenue stream as how it was 30 years back. Compare the situation similarly, due to the more feature and options in TV entertainment, people were not interested to tune to radio anymore. But these days FM radios are making a comeback because of good quality and being accessible through regular devices( Like access from most mobile phones, we don’t need a separate RADIO device).

Just because there is something better and an old model of business is not making the HIGHER profit than expected, does not mean we should allow them dictatorship. TSPs already making huge profit, they are now planning to bite into other peoples resources. India’s economy needs to favour innovative companies’ not outdated incumbents with vested interests.

 

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 of product/service differentiation? Please comment with justifications.

ANSWER: I think it is important that neither customers nor OTTs be charged for utilizing the information highway.
Charging of OTTs will hamper the growth of indigenous web startups, and charging of customers will hamper digital literacy.

 

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.

ANSWER: There is no imbalance. OTT players, TSPs are both at leveled playground.  TSPs are providing service to consumers via TSP network.  Infact  OTT players are the reason many people have started using internet / mobile internet facility in India.

We can think of this as any other service provider. Ex: Take the case of television. Its no secret that major source of income in tv is advertisements. Now we don’t see electrical service providers complaining that Television channels are making more money than them & the TV networks are just riding on the infrastructure that is built by electrical service providers.

Now if the electrical companies decide the charge different prices to consumers/ tv manufacturers for different models of TV, then it ends up being disastrous for all.

That is why the concept of neutrality is so much important for the sake of growing economy and consumer needs.


 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.

ANSWER:  This is a different topic altogether and does not relate with net neutrality but more of a surveillance.  Right to privacy and constitution has be taken into account before considering any such policies.


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.

ANSWER:  All the services have to be secure environment. This point is somehow linked with Question 6 wherein – if the privacy of the consumer is lost, his social or financial accounts might be stolen and could be used for theft of ant-social purposes. We cannot trust confidentiality and data of millions of people into hand of private tele companies. Granting them access to snoop into the traffic to see what people are doing online could lead to anti-trust issues and manipulation of data for their own benefit.

Ex: If company A has legal access to snoop into/log all internet activity of citizens of India. They could manipulate the stock market based on trend and cash in with the data in hand. (something like Insider trading violations in stock markets as explained by SEBI)


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.

ANSWER:  There should be framework to ensure there is NO violations of net neutrality policy in India. Any legislation/ framework to remove the ‘neutral’ concept of Internet in India, would lead to handful of people having the ability to choose what people have access to. This limits the options end users/consumers of India has and could cause catastrophic ripples in the growing economy and entrepreneurship opportunities.

 

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.

ANSWER: A FREE and OPEN Internet is a pillar of democracy and our fundamental rights. 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.

ANSWER: 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 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.

ANSWER: 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.

 

Question 12: How should the 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.

ANSWER: 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.

 

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.

ANSWER: 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.

ANSWER: 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.

ANSWER: 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.

ANSWER: 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 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.

ANSWER: 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 OTT communication services? Please comment with justifications.

ANSWER: 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 OTT players? Please comment with justifications.

ANSWER: 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?

ANSWER: Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.

 

Thankyou,
Regards,
Girish.V.K


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