Subject: Net Neutrality
From: Gaurang Bhartia
Date: 07-Apr-15 12:17 PM
To: "advqos@trai.gov.in" <advqos@trai.gov.in>


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.
There is no need for any regulatory framework for Internet/OTT.

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.
No. No need for un-necessary licensing.

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. Their revenue models can change on the fly. They can themselves start charging for badwidth.

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.
Not required. Either way, even if OTT players pay, they will charge consumers and money will go to foreign OTT players. It is better that Telecom operators directly for bandwidth (making sure net-neutrality is intact)

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.
Not Applicable. The only imbalance that exist is that TRAI has silly policies which is causeing problems to Telcos. TRAI should just auction bandwidth without defining the use. Telcos should be allowed to use the bandwidth for 2G/3G/4G etc. for whatever and whichever way they want. Telcos should be allowed to use VOIP in their own systems.

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.
In the same way security concerns are being addressed across the world. OTT plays have a global presence. You cannot say if a service is residing outside India, it is a security concern. Blackberry, Google, Hotmail etc. all have their servers outside India, but the Govt. is still able to manage e-mails.

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
Let the user decide if his security is being maintained or not.

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.
NA

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.
Net-Neutrality should be maintained strictly. Heavy penalization/Fines for Telecom operators who do not maintain Net-Neutrality.

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.
No differentiation between data. Consumers should be charged for bandwidth provided to them.
 
 
 
 

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?
Not Applicable.

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.

This question cannot be answered in a simple sentence. I would definitely like a conference with Telcos and TRAI to come up with a solution. It will basically include relaxation of certain TRAI policies. The Consumer ALWAYS bears the network upgradation costs !
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.
NO. The model should be simple. Price based on bandwidth.

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. The model should be simple. Price based on bandwidth.

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.
Not Applicable.
 
 
 
 

Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.
Not Applicable.

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.
Not Applicable

Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.
NO.

Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications
Nothing. There is NO NEED.

Question 20: Are there any other issues that have a bearing on the subject discussed?
 
I would love a detailed discussion directly wih the head of Telcos and TRAI. I would love to help in any way I can, without any charges … for FREE ! (In the interest of the Country)