Subject: Consultation Paper on Regulatory Framework for Over-the-top (OTT) services
From: Akshay Bhatia
Date: 08-Apr-15 10:27 PM
To: advqos@trai.gov.in

My Stand:

I lend my support for net neutrality and against differential pricing and different speeds.


Issues for Consultation :


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.



 

It is always better to define the rules of the game at the start and you can always tinker it with going forward.

Many of the new young driven entrepreneurs are working on building OTT apps.

By asking them the fee, you are actually going against the concept of Make in India

 

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.

No , OTT should remain free.

If you sign on to your favourite international porn site, you’ll see nothing!
Only big internet companies, which can get the funding to pay telecom players will survive.
Flipkart, with its big billions, will be free, but, maybe, your small ecommerce startup won’t be. People on the ‘free internet’ won’t even be able to find you online – you therefore will cease to exist!

What will student startups do? 

 

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.

I don’t think so their revenue is being impacted.

For example, their SMS revenue might have fallen but their revenue from internet has increased multi-fold.

Similarly, with OTT , they might have potential less voice calls, but more usage of skype/viber means more data usage hence more revenue from them.

 

 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.

 

OTT Apps should not pay.

If this would have been the case, right at the start, then companies like flipkart, snapdeal would not have emerged. Only Amazon would have been in India.

Just because such companies came before doesn’t mean that they can stop others from entering.


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 114 virtual world) and compliance enforced? What could be the impact on the economy? Please comment with justifications.


It should be free without any regulations.Fittest will anyways survive.

Sometime in the future, if you feel like setting up a website, you’ll also need to pay Airtel or other telecom players a fee to ensure they can access the site on their phone/tablet/computer.

More importantly, it will destroy the open nature of the internet


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.


You can ask OTT players to establish their data centers in India, as simple as that.


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.


OTT should follow the same procedure as regular telecom providers.Nothing special.


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.

_NA_


 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.

A perfect example given by one of the internet source:

You get electricity from your local electricity provider.

Does the electricity provider care if you use it for a geyser, a heater, or a vibrator? Nope. He is therefore ‘neutral’ to how you use it.
What if your electricity provider provided cheaper electricity only for the vibrator?

And if he felt like it, he could make it expensive for you to use electricity for the geyser.

That does sound evil, doesn’t it? That’s exactly what Indian telecom companies want to do with the broadband they offer you on mobile devices.

 

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. 

-NA-


 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?


Sometime in the future, if you feel like setting up a website, you’ll also need to pay Airtel or other telecom players a fee to ensure they can access the site on their phone/tablet/computer.

More importantly, it will destroy the open nature of the internet


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.

-NA

Thanks and Regards,

Akshay Bhatia