Subject: net netrality
From: Amlan Nayak
Date: 10-Apr-15 11:12 PM
To: advqos@trai.gov.in

Dear TRAI,
As a citizen and layman of India who has a great
stake in this country adhering to the principles of
democracy, here go my answers to your biased and
repetitive questions.
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.
ANSWER: Any regulatory framework which breaks
the principles of Net Neutrality should NEVER be
adopted, neither now nor in the future.
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.
ANSWER: 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 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.
ANSWER: 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innovative companies’ not outdated incumbents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 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.
ANSWER: 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
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? Please comment with
justifications.
ANSWER: 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 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.
ANSWER: 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 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.
ANSWER: 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 4.23 or
the best practices summarised in para 4.29? And,
what practices should be proscribed by regulatory
fiat? Please comment with justifications.
ANSWER: 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 discussed in para 5.47 be dealt with?
Please comment with justifications.
ANSWER: A FREE and OPEN Internet is a pillar of
democracy and our fundamental rights. 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.
ANSWER: 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 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.
ANSWER: 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 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.
ANSWER: 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 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? Please comment with
justifications.
ANSWER: 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.
ANSWER: 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.
ANSWER: 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.
ANSWER: 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 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.
ANSWER: 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 OTT communication
services? Please comment with justifications.
ANSWER: 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
OTT players? Please comment with justifications.
ANSWER: 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?
ANSWER: Uphold Net Neutrality. Uphold an Open
Internet. Uphold the citizens’ Right to Freedom of
Speech.