| Subject: Reply to Regulatory Framework for Over-The-Top (OTT) Services |
| From: Gagan Goraya |
| Date: 08-Apr-15 11:59 AM |
| To: advqos@trai.gov.in |
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?
There is absolutely no need or logic to regulate the content or nature of content, or any OTT service for that matter. This is against the benefit of the end user. It should never be done.
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?
Absolutely no.
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?
No, the growth of OTT is not impacting revenue stream of telecom. They are making huge revenues on data packs. And even if they are suffering any losses, its just because of their incompetence. I as a citizen of India am not liable to bail them out. I pay my taxes. Thats it.
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?
No. As a consumer, I am already paying for the bandwidth and data. Even on unlimited data packs, I have to end up paying for things like smart bytes. Now that I am already paying for that data, it is up to me that I use it for voice calling or streaming videos on the internet or simply shopping online. You, have no right to charge anything more that what we are already paying for the data.
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?
No, there is no imbalance. As long as there is no regulation on a free medium. It is all good. When was the last time our country’s economy was going down because of the choice of content users have on the internet?
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?
How come licensing an OTT player ensure such a security? Licensing in this context is simply asking them money for not blocking their service in this country. Can be termed extortion as well. Security measures can be implemented, with or without licensing, with same effectiveness.
How should the OTT players offering app services ensure security, safety and privacy of the consumer? How should they ensure protection of consumer interest?
OTT players can ensure this by hardening their servers to prevent any hacks or leaks. Consumers can protect themselves by behaving and not sharing any personal information on those networks. Or consumers can choose between different OTT providers depending on the track record.
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 prescribed by regulatory fiat?
Let the common sense prevail. I am living in a democracy, If I am choosing the government for my country then I am very well authorized to say that we do not want any regulations that differentiate between different types of contents and put different costs on the same. I pay for my internet package, rest is not your business.
What are your views on net-neutrality in the Indian context?
Net Neutrality should persist the same way as we have breathing air or water. It is not that the government has subsidised our access to the internet and so it can pull the same subsidy off on some use cases. Net has to stay neutral.
What forms of discrimination or traffic management practices are reasonable and consistent with a pragmatic approach? What should or can be permitted?
No Discrimination at all. That is called net neutrality. If my ISP is providing me unlimited data plan, then it should never cap it on the pretext of “fair usage policy” and then charge me further for additional data usage. It is already in practice. It must be stopped.
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?
No way. Why manage traffic depending upon the OTT application? if some application is using more data traffic than the rest, it is because more people are using it. And people have already paid for the bandwidth. Period.
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?
TSPs themselves. It is their business. If they want to expand, then of-course they will get more users for the new services or better quality services. They can always charge more. Who is stopping them? It is not that we are already paying them less. We actually pay them a lot good amount for the quality of service we get here. The government may assist them with loans. We pay taxes, don't we?
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?
No discrimination at all, based on priced or not. It simply cannot be allowed. TSP has no right to discriminate. Even no price element is involved, there are other kind of motivations that can make them discriminate against one business or other. This cannot be allowed.
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?
No. There is no justification. differential pricing must not be implemented.
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?
No. They are not the Bulk Users. The User here is the one who uses their service. Like myself, I may use any chat application, or surf any website. I am not a bulk user. Again, no regulation is required here. Leave the Internet alone.
What framework should be adopted to encourage India-specific OTT apps?
None. Indians are competent enough to take the market share on the basis of performance. If the government wants to encourage India-specific business. Then, it should set up support practices to nurture startups in this country. Do not even think of applying an SC/ST kind of reservation here.
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?
You simply cannot do that. I as a citizen of India do not agree to this. Period.
Is there a need to regulate subscription charges for OTT communication services?
No way. It is OTT player’s domain. He may or may not charge for its service. You may of-course make them pay taxes on any amount they earn from users in our country.
What steps should be taken by the Government for regulation of non-communication OTT players?
Nothing else other than implementing existing laws. You may enforce them to implement SSL if any secure communication has to take place on their websites. But, well, that is already being done, it is an industry standard.
Are there any other issues that have a bearing on the subject discussed?
None at the moment.