Here are my answers to your 20 questions, which shouldn't have even be asked, when the situation so crystal clear. The TSPs and ISPs cannot be given the power control the subscriber's choice of websites and internet services.
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: It is never too early to DUMP these stupid ideas that harm the potential of India to be an Internet superpower. India will never give birth to globally leading Internet services if the internet is not neutral to all players and participants. There should be no such regulations on OTT services.
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. NEVER. It'll only harm upcoming players in the market. Data is data. It is equal to all. And no company should be charged a fee just to let them use that data to reach their customers and vice versa.
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: The TSPs need to evolve to survive in this market. Technology will always leave older markets behind. It is not right to handicap that technology only to keep the older market players alive. The market will take care of itself eventually. Also, one form of technology will always outgun the other. It is in people's best interest to go with the better technology, and have access to it unencumbered by corporate greed.
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: OTT players should NEVER pay anything to the TSPs and ISPs. That in itself will be a huge violation of net neutrality and a huge blow to easy access to truth.
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: The Internet is equal for everyone! The OTT players don't operate solely in the "virtual" world. They are very much real, and have a real impact on people's lives. Any attempt to break the neutral nature of the internet will impede growth of the country in multiple fields.
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 separate debate entirely. Privacy and security is a major concern. But it should be according to the company's policy that is born out of their understanding of the requirements of the customers. And the customers can analyse their policies and choose wisely among the options present. TRAI need not interfere with this process.
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: This is pretty similar to the question above, and my answer remains the same here as well.
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: No regulatory framework is needed that violates net neutrality.
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: An open Internet is every Indian's right. It should not be biased towards any party, especially the Internet service providers The government should treat all data on the internet as the same. Data should be a utility. How the data is used is the choice of the user. Just like how the electricity being provided to ones home can be used for different purposes without any penalty or discount for using a particular appliance. No internet service should be privileged or penalised for using data differently.
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 and all forms of discrimination will be against the spirit of net neutrality.
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: Any and all forms of traffic management techniques will be against the spirit of net 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. Internet should be a utility, like electricity and water. How the OTT services and the customers use the Internet is their choice. The ISPs and TSPs have no say in it. Their job is to provide internet, not control it.