Subject:
From: aayush bansal
Date: 07-Apr-15 4:04 PM
To: advqos@trai.gov.in
CC: netneutralityindia@gmail.com

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: Yes, it is too early to establish a regulatory framework as the internet penetration is still pretty low if you consider the whole specially, specially across rural India. 

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. 

And: No, they should not be. 

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: It should be sufficient to compensate. 


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: No, they shouldn't pay anything above the data charges, since they are already paying for the data charges. The brunt will finally come on the consumer. 

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: There might be a little imbalance, but it is still too early to get it under any regulatory framework as it will denotive new internet/OTT players from outside and within India to enter the market. 

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. I do not have any opinion on this. 

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. Most of the internet/ott players usually show their terms and conditions before the person logs in/downloads the app. Its up the consumer from there that how he should go about it. 

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. I did not understand this question. 

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. Net-nuetrality is really important, it should be up to the consumer how we would like to use his data plan and the network providers should not be allowed to charge extra as per each app/service. 

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.


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?


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. Telecom companies 

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. NO
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. NO

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. No, they should not be treated as BuTS

Question 16: What framework should be adopted to encourage India specific OTT apps? Please comment with justifications.

Ans. There is no need to encourage India specific OTT apps 

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. They should not be licensed, its too early and there are too many players to license if you have to do so. 

Question 18: Is there a need to regulate subscription charges for App based/OTT communication services? Please comment with justifications.

Ans, NO, there should be no subscription charges. 

Question 19: What steps should be taken by the Government for regulation of non-communication App based/OTT players? Please comment with justifications.

Ans. No need to regulate them 

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


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AAYUSH BANSAL

Director

P3P Ventures Pvt. Ltd.

+91- 9871070508