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Regulating OTT Services: What ACTO, Hathway, and ISPAI said in their comments

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This report outlines which enterprise our bodies compete with competing operators (ACTO), ISPAI and cable / broadband provider Hathway said about TRAI's public consultation on the regulation of OTT providers. OTT providers have been shortened to OTT providers only in the report.

Find out what telcos, Indian internet corporations, streaming providers and COAI and IIMA Concept TCOE said in their shows

Q.1 OTT Service Supplier (s) must be thought-about the same or comparable providers provided by TSPs. Record all such OTT providers whose descriptions are compared to those provided by TSP

ACTO

  • OTT providers could be outlined as communication and content material delivery providers and purposes that end customers can access their own Internet connections
  • listing of the identical or comparable providers offered by TSPs and OTTs could be prepared at present and not valid tomorrow. Creating an inventory in this regard is an pointless train.

Hathway: No Remark

ISPAI t , which is the position of the spine ISP, though without the permissions required for ISP, ILD and Gateway approval.

  • The current regulatory framework doesn’t permit such direct hyperlinks between OTT, the Indian Internet Service Provider, overseas telecommunications
  • Such interconnection / Web-peering providers are corresponding to Web providers offered by ISPs that provide Indian service providers. .
  • The legality of such preparations with such OTT have to be thought-about, as this will result in certain visitors volumes being left unattended and lack of revenue for the state [19659007] Some OTT gamers have begun to announce the supply of community connection providers in selected markets. These providers are comparable in nature, as the TSPs in India supply to attach the client's location to the situation of the OTT datacenters
  • Q.2. Prompt elements or issues that have cause to be thought-about for determining and clarifying substitutability

    ACTO

    • Alternative is just not a profitable benchmark towards regulatory frameworks [19659007] OTT voice providers usually are not a pure substitute for conventional voice providers , and additionally prompt messaging providers are usually not a natural text message.

    Hathway

    • must be thought-about as one of many main standards for evaluating the regulatory or licensing guidelines relevant to TSPs and OTT suppliers
    • Presently, none of the OTT providers requires prior authorization and is just not regulated as such. service providers, including TSPs, are obliged to adjust to them.

    ISPAI

    • Compensation must be treated as the first criterion. For a degree enjoying area, it will be applicable to apply the precept of "same rules for the same services".
    • This may be achieved either by introducing OTT actors into the regulatory and taxation system, in addition to by the TSPs, or by removing the regulatory and taxation system for importing TSPs with comparable OTT operators

    Okay.3. or has the imbalance in licenses affected inflation in the telecommunications networks, which are wanted once in a while to extend community capability and know-how upgrades? If yes, how can OTT suppliers take part in investments in telecommunications networks? Justify the reply with reasoning

    ACTO

    • Unbalanced regulation of telecommunication methods and OTT service suppliers can harm shoppers by protecting telecom operators competing strongly
    • essential want to vary present license phrases and laws;
    • As an alternative of getting OTT operators into the licensing system, the licensed service supplier's regulatory and licensing system is a relaxed, degree enjoying subject by allowing comparable providers to TSPs beneath OTT beneath the same circumstances
    • TRAI ought to permit PSTN and cellular network operators to offer their personal OTT purposes without having to adjust to previous telecommunications rules.
    • removes the current restrictions on providing Web telephony providers to PSTN and PLMN for Web Service Providers in India.

    [1 9459011] Hathway

    • Presently, TSPs / ISPs and other content providers are strictly regulated and have a direct influence on earned revenue.
    • OTT service providers are required to pay for distribution.

    ISPAI

    • As a result of the providers of OTT service suppliers result in high knowledge usage, the commercialization of volumes may help to extend the revenue of TSPs. OTTs aren’t capable of improve their investments, but operators that exceed their usage charges (which might be defined as 100 largest OTT service providers).
    • The government / DOT ought to produce normal consumption that TSP can acquire from OTT suppliers
    • OTT gamers who need to provide providers, obtain an workplace in India, keep Indian customer info in India, present Indian funding for relevant CCA: and pay taxes as well as TSPs for comparable providers.

    Q.four Did interoperability of OTT providers and interoperability of their providers compete with TSP providers and profit customers? What measures might be taken to promote such competitors?

    ACTO

    • Such interoperability shouldn’t be a regulatory process. As an alternative, the regulatory authority should remove synthetic restrictions in the license terms for IP-PSTN connection.

    Hadway

    • The connection between OTT service providers and TSPs / ISPs / different OTT service suppliers ought to be outlined. All TSP / ISP / OTT service providers ought to have the ability to provide the providers of any OTT service supplier in a non-discriminatory manner if they meet the outlined standards.

    ISPAI t Is the difficulty of the legal interception of OTT communications to be resolved by nationwide security or other safety measures ? Should the obligations of OTT suppliers and TSPs be separated?

    ACTO

    • Indian and international government and regulation enforcement officers should forestall short-term access to communications and security applied sciences for ease of management and capture
    • All knowledge visitors breaks occur at international touchdown stations and don’t require further efforts by the regulator
    • Robust encryption policy and social advantages of OTT service providers have to be
    • Decryption of visitors encrypted by OTT purposes on TSP networks should not be taken alone by TSP

    Hathway [19659006] OTT India is required to register providers in India. As well as, working techniques similar to Android, iOS and Windows should even have obligatory registrations in India.

  • If any nationwide security considerations these administrative techniques, we have to be easily accessible. Yes. but OTT suppliers haven’t any compliance requirements. There isn’t any or no tax at all, but there isn’t any actual policy in India to information their activities, and there isn’t a degree enjoying subject at this point.
  • Okay.6. made out there by means of OTT environments that meet the requirements of telecom operators? provides ideas with justification.

    ACTO

    • OTT providers are offered in the Close consumer group. To offer emergency providers, it is required that the call / message be despatched to the closest authority, corresponding to hearth department, police, hospitals, and so forth. To this finish, India's first bottleneck is a full IP-PSTN connection shouldn’t be allowed.
    • The current out there infrastructure, the identical location and routing info cannot be maintained for emergency calls. It requires local and centralized country-specific infrastructure.
    • Earlier than business has developed this technical performance, ACTO believes that emergency phone number providers shouldn’t be offered to Internet telephony business clients

    Hathway

    • Further rights from the consumer might be deployed throughout software installation for public security
    • 19659008] ISPAI t access to those providers. Q.7 Is there a degree enjoying area between OTT providers and TSPs that provide the same or comparable providers? If the reply is sure, ought to OTT suppliers be subject to regulatory or licensing guidelines to be a fair enjoying subject ?

      ACTO: Reply to Q7 and Q8 under.

      Route: Sure

      ISPAI [1965900] OTT Providers Supply Comparable Providers With out Associated Obligations, Phrases, and Fees (akin to License Charge)

    • TSP / ISP operators must additionally adjust to stringent service high quality standards and invest in networks and infrastructure.

    Q. eight Whether it is proposed that provisions or license circumstances be imposed on OTT service providers in response to Q.7, ought to such provisions or licensing circumstances be reviewed or redefined by OTT providers? or might they be relevant in this type? If a revision or redefinition is proposed, suggests or proposes the required modifications with justification

    ACTO (in response Q7 and Q8)

    • ACTO doesn’t help another adjustment. Unbalance may be addressed in some ways without additional regulation
    • To the extent that TSPs present OTT providers, they shouldn’t be subject to laws that were not otherwise utilized to separate OTT service suppliers.

    Hathway: No remark [19659003] ISPAI t

    Q.9 Are

    ACTO

    • So far as the regulation of OTT providers is being thought-about, we encourage the TRAI system to guage the differences between particular person business clients that take into consideration numerous financial and security policy points. shoppers.
    • Web telephony providers to corporate clients ought to be positioned in a separate service class and exempted from them. provisions on these providers. Necessities for access to emergency providers and quality of service
    • Knowledge safety: Knowledge safety laws should set up a harmonized framework for all businesses that gather and use private info. In a mixed world where people use a number of units and providers from totally different service suppliers, we encourage TRAI to keep away from creating computing and retention policies which are distinctive to OTT providers.
    • Non-Geographic Numbering: Each E.164 quantity varieties should have the ability to be shared with all Internet telephony suppliers, including Web Service Suppliers, UASPs, and CMSPs. provided if Web telephony providers will not be restricted to a geographical quantity group.

    Hathway

    • TRAI should present a wider range of session paperwork for different OTT providers, particularly these providing visual content and their influence on distribution platform operators
    • OTT has been launched by totally different broadcasters / third parties purposes the place they provide linear broadcasting of different radio broadcasters' satellite TV channels clearly in violation of the permission / license
    • OTT purposes are offered directly to the buyer (shoppers) either freed from cost or at a a lot lower cost than required by the DPO. This creates a degree enjoying area between OTT purposes and safety techniques. [19659007] Clients not need to order service provider providers because OTT purposes are better value propositions and DPOs can’t compete with OTT purposes because pricing for individual channels is left to the discretion of the broadcaster
    • . find out whether or not IPTV and OTT are two separate platforms or one other extension

    ISPAI

    • OTT should comply with the current tariff order, while LIVE channels SD or HD would otherwise be pleasant
    • OTT content is now extensively used by means of clever TV and clever STB. The control / sensing rule relevant to the transfer of the LIVE TV channel by way of the DTH and HITS cable of the cable also needs to apply to OTT content.