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companies’ not outdated incumbents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.