Answers to questions asked:

 Question 1: Is it too early toestablish a regulatory framework forOTT services, since internetpenetration is still evolving, accessspeeds are generally low and thereis limited coverage of high-speedbroadband in the country? Or,should some beginning be made nowwith a regulatory framework thatcould be adapted to changes in thefuture? Please comment withjustifications.
ANSWER: Any regulatory frameworkwhich breaks the principles of NetNeutrality should NEVER be adopted,neither now nor in the future.

Question 2: Should the OTT playersoffering communication services(voice, messaging and video callservices) through applications(resident either in the country oroutside) be brought under thelicensing regime? Please commentwith justifications.ANSWER: NEVER because it willhamper consumer choice, stiflegrowth of new kinds of products andservices, and impede India’s economicprogress. For example, if airlinecompanies decide to offer onlinecustomer service through voice chat,an already heavily taxed and loss-making industry should not have totake another license.

Question 3: Is the growth of OTTimpacting the traditional revenuestream of TSPs? If so, is the increasein data revenues of the TSPssufficient to compensate for thisimpact? Please comment withreasons.
ANSWER: Radio channels cannot taxtelevision channels for reduction inrevenue. Even if OTT players areimpacting the traditional revenuestreams of TSPs, the TSPs cannot taxOTT services. Market forces shouldallow TSPs to reach a profitableprice-point. TSPs need to invest inthe quality and expansion of theirexisting products. TSPs need toexplore outside their traditionalrevenue streams. India’s economyneeds to favour innovativecompanies’ not outdated incumbentswith vested interests.

Question 4: Should the OTT playerspay for use of the TSPs network overand above data charges paid byconsumers? If yes, what pricingoptions can be adopted? Could suchoptions include prices based onbandwidth consumption? Can pricesbe used as a means of product/service differentiation? Pleasecomment with justifications.
ANSWER: OTT players should NEVERpay TSPs for anything that can entailthe violation of principles of NetNeutrality.

Question 5: Do you agree thatimbalances exist in the regulatoryenvironment in the operation ofOTT players? If so, what should bethe framework to address theseissues? How can the prevailing lawsand regulations be applied to OTTplayers (who operate in the virtualworld) and compliance enforced?What could be the impact on theeconomy? Please comment withjustifications.
ANSWER: The Internet IS a levelledplaying field for everybody. Intoday’s world, OTT players do notoperate solely in the virtual worldbut, on the contrary, interact with“REAL” world products and services,and result in creation of innumerablejobs. In an ever more connectedworld, any law or regulation whichbreaks this ‘FLAT’ and ‘NEUTRAL’nature of the Internet would harmeconomic growth.

Question 6: How should the securityconcerns be addressed with regardto OTT players providingcommunication services? Whatsecurity conditions such asmaintaining data records, logs etc.,need to be mandated for such OTTplayers? And, how can compliancewith these conditions be ensured ifthe applications of such OTT playersreside outside the country? Pleasecomment with justifications.
ANSWER: This question requires acompletely separate debate in itself.First and foremost, governments andall companies should respect anduphold the consumer’s Right toPrivacy. If we lose privacy, we losefreedom itself because we no longerfeel free to express what we think.India cannot be allowed to become acomplete surveillance state whichtaps every OTT service which aconsumer accesses. Second, OTTservices should be allowed to freelycombine and bundle onlinecommunication services withinapplications, and shouldn't be forcedto keep data records. For example, anonline vegetable ordering serviceshould not be forced to save onlinecommunications between a buyer andseller.

Question 7: How should the OTTplayers offering app services ensuresecurity, safety and privacy of theconsumer? How should they ensureprotection of consumer interest?Please comment with justifications.ANSWER: All OTT services shouldadopt state of the art securitystandards in online communication.And they should keep consumersinformed about the right privacy andsecurity choices. In fact, thegovernment should be pro-active inmaking companies aware of suchpractices.

Question 8: In what manner can theproposals for a regulatoryframework for OTTs in India drawfrom those of ETNO, referred to inpara 4.23 or the best practicessummarised in para 4.29? And,what practices should be proscribedby regulatory fiat? Please commentwith justifications.
ANSWER: As already answered, NOregulatory framework is requiredwhich violates Net Neutrality.

Question 9: What are your views onnet-neutrality in the Indian context?How should the various principlesdiscussed in para 5.47 be dealtwith? Please comment withjustifications.
ANSWER: A FREE and OPEN Internetis a pillar of democracy and ourfundamental rights. Internet serviceproviders and governments shouldtreat ALL data on the internetEQUALLY, not discriminating orcharging differentially by user,content site, platform, application,type of attached equipment, or modesof communication.

Question 10: What forms ofdiscrimination or trafficmanagement practices arereasonable and consistent with apragmatic approach? What should orcan be permitted? Please commentwith justifications.
ANSWER: Any kind of trafficdiscrimination or managementpractices should never violateprinciples of Net Neutrality. AndTSPs should be completelytransparent about their trafficmanagement principles.

Question 11: Should the TSPs bemandated to publish various trafficmanagement techniques used fordifferent OTT applications? Is this asufficient condition to ensuretransparency and a fair regulatoryregime.ANSWER: Again, any case by casetraffic management of OTTapplications, even if it is transparent,violates Net Neutrality. So, thisquestion won’t arise if TRAI ensuresNetwork Neutrality.

Question 12: How should theconducive and balancedenvironment be created such thatTSPs are able to invest in networkinfrastructure and CAPs are able toinnovate and grow? Who shouldbear the network upgradation costs?Please comment with justifications.
ANSWER: Free market forces shouldallow TSPs to reach a price-pointwhere they can profitably invest innetwork infrastructure. As amunicipal water supply does notcharge companies making washingmachines and does not tax people forusing these machines, similarly OTTplayers should be given a free marketto flourish.

Question 13: Should TSPs beallowed to implement non-pricebased discrimination of services? Ifso, under what circumstances aresuch practices acceptable? Whatrestrictions, if any, need to beplaced so that such measures are notabused? What measures should beadopted to ensure transparency toconsumers? Please comment withjustifications.
ANSWER: Again, DO NOT violate theprinciples of Net Neutrality.

Question 14: Is there a justificationfor allowing differential pricing fordata access and OTT communicationservices? If so, what changes need tobe brought about in the presenttariff and regulatory framework fortelecommunication services in thecountry? Please comment withjustifications.
ANSWER: Again, DO NOT violate theprinciples of Net Neutrality.

Question 15: Should OTTcommunication service players betreated as Bulk User of TelecomServices (BuTS)? How should theframework be structured to preventany discrimination and protectstakeholder interest? Pleasecomment with justification.
ANSWER: ALL data on the Internetis EQUAL. ALL bits are bits, NO needto segregate OTT players. TSPs needto focus on improving their existingproducts and quality of service.

Question 16: What frameworkshould be adopted to encourageIndia specific OTT apps? Pleasecomment with justifications.
ANSWER: Ensure that the principlesof Net Neutrality are upheld. TSPswith vested interests should NEVERbe able to impede consumer access toany app.

Question 17: If the OTTcommunication service players areto be licensed, should they becategorised as ASP or CSP? If so,what should be the framework?Please comment with justifications.
ANSWER: Again, NO regulatoryframework required. NO segregationof OTT players required. NO trafficdiscrimination required. ALL bits arebits. DON’T hamper industry growth.Uphold Net Neutrality.

Question 18: Is there a need toregulate subscription charges forOTT communication services? Pleasecomment with justifications.
ANSWER: Again, NO regulatoryframework required. DON’T hamperindustry growth. Uphold NetNeutrality.

Question 19: What steps should betaken by the Government forregulation of non-communicationOTT players? Please comment withjustifications.
ANSWER: Again, NO regulatoryframework required. DON’Tsegregate or discriminate OTTplayers. DON’T hamper consumerchoice. DON’T hamper industrygrowth. Uphold Net Neutrality.

Question 20: Are there any otherissues that have a bearing on thesubject discussed?
ANSWER: Uphold Net Neutrality.Uphold an Open Internet. Uphold thecitizens’ Right to Freedom of Speech.

thanx...