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?

Answer -  Yes it is too early for regulatory framework for OTT services and we are anyway charged over the top for broadband in India compared to other countries with a similarly sized user base

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?

Answer -  Licensing regime will not work and the people of India will lose out as OTT players will pull out, it will be a move that will suppress the penetration and use of the Internet and eventually people will stop using the internet all together for any OTT  voice and messaging related activity which will be a loss for ISP’s

3.      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?

Answer – History has shown us that unless companies innovate and think of new ways to stay relevant they’ll be lost to history and sink to the bottom. If this is affecting revenue streams ISPs need to think of how they can evolve to counter this loss and not push for regulation that is akin to killing the person to cure the disease.

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 product/service differentiation?

Answer- This is an option that can be investigated as it does not interfere with the basic ethos or idea of the Internet. This will also encourage competition amongst OTT providers

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?

Answer- This is a good question that needs investigation, but the very nature of the internet will not allow such a law or regulation to be successfully enforced.

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?

Answer- Regulations governing OTT players can be formulated in consultations with stakeholders such as ISP’s , security agencies, users and OTT players. OTT players can be asked to have all data to be hosted in India . Maintaining logs of private chat is unethical and raises many privacy concerns and should not be even considered.

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?

Answer- Undertaking by OTT Service providers to adhere to standards such as those implemented by the Payment Card Industry, open themselves to audits by a scrutinizing body every year and the service shoud be inherently designed to ensure consumer privacy and security are protected.

8.      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?

Answer-  This should be done similar to how the constitution of India was drafted taking the best bits from the American constitution and the British Constitution . We should also consult with experts and thinkers in this field to ensure we are fair to all parties concerned primarily the consumer.

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

Answer – The Indian context is unique, not many people have access to the internet hence it does not affect over 85% of the population, however with the rapid penetration and growth of the Internet the new users should be allowed very opportunity to enjoy a free uncontrolled internet that can open many avenues for growth and prosperity. ISPs will come and go , when a provider collapses due to loss of revenue it could be because of his inability to evolve in a changing market . This should not lead to the way we access or use the internet itself as it is bigger than any one individual in this case a service provider.

In summary A service provider should not dictate how a user uses the internet

 

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

Answer- No form of discrimination is acceptable . FreeUsagePolicies throttling the speed is acceptable to an extent but selectively throttling speed to few sites is UNACCEPTABLE

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- SELECTIVE TRAFFIC MANAGEMENT IS NOT ACCEPTABLE . ie throttling a few select websites or OTT’s is not acceptable hence the question of transparency should not arise, selectively managing/reducing speeds/load times to a few select websites is against the ethos of the internet and fundamentally wrong

12.  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?

Answer- The of up gradation should be borne by TSP only.  TSP’s should not bite off more than they can chew and be forced to invest in more IT infrastructure, The of up gradation should be borne by TSP only. Innovation does not necessarily mean investment. TSP’s focused only on profits will be inherently incapable of innovation.

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?

Answer-NO kind DISCRIMINATION will be acceptable to the consumer or fair on consumer

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?

Answer- There is absolutely no justification to differential pricing for data access , if  the TSP/ISP feel they are not able to survive, they will need to change the way they work diversify, evolve and innovate not push for changes in Laws that will suppress competition, innovation and promote preferential treatment .

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?

Answer-OTT communication service players are not BuTS , they just provide the service and do not use our regional framework rather we link to theirs .

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

Answer- More than a framework it would require india specific apps to be developed in the first place.

17.  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?

Answer- they would come under application service providers . I cannot comment on framework as I do not have the expertise.

18.  Is there a need to regulate subscription charges for OTT communication services?

Answer- Service charges should be regulated to an extent and not too much as it would drive out the service providers . Impacting the consumer.

19.  What steps should be taken by the Government for regulation of non-communication OTT players?

Answer- Please quote examples not sure what you mean

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

Answer- The internet was created with the underlying idea that access to all nodes across the web as we know it now will be equally served. These proposals do not agree with the general idea of the internet  and should be banished  to the recycle bin

 

 

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