Hello,
Please find below my responses to TRAI regarding NET NEUTRALITY and DIFFERENTIAL PRICING POLICY.
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.
Ans: Any regulatory framework which breaks the principles of Net
Neutrality should NEVER be adopted, neither now nor in the future.
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.
Ans: NEVER because it will hamper
consumer choice, stifle growth of new kinds of products and services,
and impede India’s economic progress. For example, 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
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.
Ans: Radio channels cannot tax
television channels for reduction in revenue. Even if OTT players are
impacting the traditional revenue streams of TSPs, the TSPs cannot tax
OTT services. Market forces should allow TSPs to reach a profitable
price-point. TSPs need to invest in the quality and expansion of their
existing products. TSPs need to explore outside their traditional
revenue streams. India’s economy needs to favour innovative companies’
not outdated incumbents with vested interests.
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.
Ans: OTT players should NEVER pay TSPs for anything that can entail the violation of principles of Net Neutrality.
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.
Ans: The Internet IS a levelled
playing field for everybody. In today’s world, OTT players do not
operate solely in the virtual world but, on the contrary, interact with
“REAL” world products and services, and result in creation of
innumerable jobs. In an ever more connected world, any law or regulation
which breaks this ‘FLAT’ and ‘NEUTRAL’ nature of the Internet would
harm economic growth.
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.
Ans: This question requires a
completely separate debate in itself. First and foremost, governments
and all companies should respect and uphold the consumer’s Right to
Privacy. If we lose privacy, we lose freedom itself because we no longer
feel free to express what we think. India cannot be allowed to become a
complete surveillance state which taps every OTT service which a
consumer accesses. Second, OTT services should be allowed to freely
combine and bundle online communication services within applications,
and shouldn't be forced to keep data records. For example, an online
vegetable ordering service should not be forced to save online
communications between a buyer and seller.
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
Ans: All OTT services should adopt
state of the art security standards in online communication. And they
should keep consumers informed about the right privacy and security
choices. In fact, the government should be pro-active in making
companies aware of such practices.
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.
Ans: As already answered, NO regulatory framework is required which violates Net Neutrality.
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.
Ans: A FREE and OPEN Internet is a
pillar of democracy and our fundamental right. 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.
Ans: 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 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?
Ans: 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 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.
Ans: 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 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.
Ans: 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.
Ans: 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.
Ans: 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.
Ans: 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 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.
Ans: 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 App based/OTT
communication services? Please comment with justifications.
Ans: 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 App based/OTT players? Please comment with
justifications.
Ans: 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?
Ans: Uphold Net Neutrality. Uphold an Open Internet. Uphold the citizens’ Right to Freedom of Speech.
Thanks and Regards,