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Regulating OTT Services: What ZEE5, ALTBalaji, and STAR India said in their comments

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This report outlines what streaming providers ZEE5, ALTBalaji, and STAR India said about TRAI's public consultation on the regulation of OTT providers. OTT providers have been shortened to OTT providers only in the report. Some of these points have been edited and interpreted. Observe: STAR India's replies are at the bottom as it determined to not reply all the questions separately.

Study what telcos and Indian web corporations said.

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Contents

Q1: Which providers should the OTT service supplier (s) be thought-about to be the same or just like the providers provided by TSP. Record all such OTT providers with descriptions evaluating them to the providers provided by TSP.

ZEE5

  • OTTs differ from network operators, comparable to TSPs and ISPs, although some OTT providers comparable to VoIP, video calls, textual content messages, and so on. might overlap with TSP.
  • OTT platforms / purposes cannot be offered to shoppers without the physical infrastructure utilized by TSPs and ISPs
  • OTT suppliers are heavily depending on TSP. TSPs control broadband Web infrastructure and OTT supply to last mile consumer by managing Internet connection and connectivity
  • . In reality, because of the low obstacles to entry, TSP has an advantage over on-line service suppliers.
  • All attempts to manage OTT suppliers when they’re already disadvantaged outcome in a fragmented regulatory strategy to the Internet.

ALTBalaji

  • The proposed "same service, same rules" strategy could be very regressive. It’s best to unravel this strategy
  • The adoption of the OTT service by the Physique of European Regulators for Digital Communications (BEREC) might only allow and promote a wholesome regulatory setting in the country.
  • Nevertheless, having a broad definition of the danger of duplication of providers and service suppliers

Q2: Ought to substitutability be thought-about as the primary criterion for evaluating the regulatory or licensing rules applicable to TSPs and OTT to service providers? It’s prompt that elements or issues should be thought-about that must be thought-about for determining and clarifying substitutability

ZEE5

  • Alternative shouldn’t be thought-about as a main criterion for evaluating regulatory or licensing guidelines relevant to TSPs and OTT
  • OTT is a product unique and distinctive options, features, objective and content material, so they don’t seem to be substitutable.
  • At greatest, OTT providers and telecommunications providers are complementary.
  • Alternative of providers, which justifies regulation or licensing necessities for TSPs, harms shoppers and business.
  • It creates a brand new barrier to market entry for each new purposes and service providers Growing the price of offering providers with low entry limitations, the open nature of the Internet, and the rich interactions and experiences that OTT providers (together with digital platforms and providers and content providers) make potential, are key to the continued progress of the digital financial system.
  • Alternative is an faulty criterion for assessing the necessity for regulatory or licensing rules applicable to TSPs and OTT providers

ALTBalaji

  • Alternative could be thought-about a main criterion for comparability. regulatory or licensing guidelines applicable to TSP and service providers.
  • National regulatory authorities (NRAs) state that the shortage of substitutability is because of poorer high quality, given the distinction between natural providers. and security; and the shortage of interoperability between OTT's voice providers.
  • This point of insufficient operational standards refers back to the requirement that the identical service be ordered by the caller and the recipient.
  • Stories have to be executed to know the notion of end customers before similarities are drawn

Question three: Have regulatory or license imbalances influenced the inflation of the telecommunications networks needed occasionally to broaden community capability and improve know-how? If yes, how can OTT suppliers take part in investment in telecommunications networks?

ZEE5

  • Regulatory or license imbalances do not have an effect on the infusion of investment in telecom networks, particularly network capability extensions and know-how upgrades.
  • There isn’t any imbalance in the regulatory surroundings for OTT operators.
  • Areas relevant to OTT providers have already been regulated in IT policies and laws (including info know-how (suspension, monitoring and decryption of knowledge assortment), 2009 and IT (affordable safety practices and procedures and sensitive info)) , 2011).
  • OTT's service suppliers are serving to TSP's enterprise develop. A big part of TSP knowledge consumption is because of using a number of OTT providers. Shoppers Purchase Info Packages from TSP and Use Them for Totally different OTT Providers
  • This improve in knowledge mining truly helps TSPs to intervene in voice name tariffs in current years.
  • All actors in the regulatory or licensing system might hamper innovation in digital purposes and improve costs for shoppers and the financial system as an entire as an alternative of investing.

ALTBalaj

  • TSP providers have benefited from facilitating using knowledge tasks because of the explosion of providers.
  • Because of the change to the unified license, TSPs can now supply Web telephones or VoIP providers from purposes developed by TSP that aren’t affiliated with the background network.
  • This enabled data-based Voice over Long Time period Evolution know-how, authorised by Reliance Jio2.
  • Audio tariff reductions have been changed or added to revenue
  • It’s best for government and telecom business to work collectively to create a balancing setting for TSPs to take a position in community infrastructure and to not hunt down OTT providers to take a position.
  • Preferably, TSPs should not be allowed to double: they should not gather fees for a similar visitors from the content provider and the top consumer.

This fall: Interoperability of OTT OTT providers and additionally interoperability of their providers with TSP providers to advertise competitors and benefit customers? What measures may be taken to promote such competitors, if any?

ZEE5

  • There isn’t a query concerning the interoperability of OTT providers with TSPs
  • There’s also no discrimination in the supply of OTT providers throughout totally different TSPs. The final subscriber can use the network of any TSP of his option to entry the content out there on the OTT platform
  • In any case, shoppers can change from one OTT product to a different without vital value implications. Subsequently, no regulatory measures are needed to realize interoperability

ALTBalaji

  • Interoperability ought to be carried out and promoted.
  • Interoperability of various providers may cause network interruption; if the top consumer can’t exit a specific service and choose another, which may result in an obstacle to competition.
  • For this objective, potential requirements must be raised in order for interoperability to be an end-user choice

Query 5: Are there issues of legal interception of OTT communications that must be addressed by nationwide safety interests or different safeguards that have to be put in place? Ought to the duties of OTT service providers and TSP be separated?

ZEE5 : No Comments

ALTBalaji

  • The federal government has the unbiased proper to intercept communications so that they will keep regulation and national security.
  • It is crucial that provisions such as the Felony Procedure Code, the Indian Penal Code and the IT Regulation and its numerous guidelines be maintained as a know-how agnostic. There are also other suggestions in the forthcoming bill on private knowledge safety in line with the current line.
  • When it comes to traceability and transparency of data, the character of the Web ensures that service suppliers acquire lots of info that may only be made out there on the request of approved government businesses.
  • There’s subsequently no want for extra laws and safety laws for service suppliers solely

Question 6: Ought to provisions be made for emergency providers out there by means of OTT platforms, as well as necessities for telecom operators?

ZEE5 : No Comments

ALTBalaji

  • The essential difference between OTT and TSP is how the service is delivered.

Question 7: Is there a degree enjoying area between OTT providers and TSPs offering the same or comparable providers? In that case, ought to OTT suppliers be topic to regulatory or licensing guidelines in order to have a degree enjoying subject?

ZEE5

  • There are not any problems between OTT service providers and TSPs that present the identical or comparable providers to OTT providers and TSPs. complement one another.
  • The nature of the providers offered by OTT and TSP is totally totally different.
  • OTT providers require a TSP infrastructure to allow users to entry their providers. TSPs can provide OTT providers at any time by starting their personal OTT corporations. However not the other.

ALTBalaji

  • No regulation or licensing of OTT service providers is required.
  • Anticipated forecasts for all OTT providers are affected by compliance with further necessities. The OTT sector is regulated by legislation.
  • OTT providers control self-regulation mechanisms.

K8: If it is proposed that each one regulatory or license circumstances be applicable to OTT suppliers in response to Q.7, are these rules or licenses subject to evaluate or redefined for OTT providers, or can they be utilized in this kind themselves? If a reassessment or redefinition is proposed, the required modifications to the justification are proposed or proposed

ZEE5

  • No regulation or license terms have been proposed for Query No 7, so no revision or redefinition is required.
  • As said above, previous telecom rules should not be mechanically extended to online purposes because of the elementary technical and enterprise differences between traditional providers and purposes.

ALTBalaji

  • At current, OTT service providers have Privateness Coverage and techniques in place to make sure end-user security, safety and privacy, OTT providers comply with international standards and expectations.

Question 9: Are there another issues you need to deliver to the attention of the authority? 19659006] ZEE5

  • The future of digital product provide and the growth of OTT providers will depend on a strong setting that doesn’t stifle technology-based innovation and supplies a competitive market setting.
  • Low obstacles to entry for brand spanking new entrants, low regulatory constraints and technological developments are the cornerstone of business progress for investment, innovation and shopper pursuits
  • . matches.

ALTBalaji

  • The business will only be strengthened by a self-regulatory mechanism
  • If new laws are being drafted, it must be sector-specific, which solely considerations service ranges
  • Corporations corresponding to e-commerce forums, social media corporations should be capable of operate with out topic to the restrictions of the Regulation.

STAR India's Response to the Consultation Document on the Regulatory Framework for Scholar Relations (OTT) Communication Providers

Authority and Authority

  • We humbly consider that TRAI doesn’t advocate any provision aside from what OTT communications providers are usually not already regulated because they do not no communication providers.
  • OTTs will not be licensees beneath Article 1885 of the Indian Telegraphic Regulation, so TRAI has no jurisdiction to manage OTT beneath the Telecom Regulatory Authority Act (1997).
  • All Internet companies are land regulation, such because the IT Act, 2000, Competition Act, Shopper Safety Act, Intellectual Property Regulation, to call a couple of

“Substitutive” as the idea for OTT ecosystem regulation

  • Consultation Document OTT Sure Purposes replacing TSP providers. This presumption seems to be unfounded and there isn’t a valid justification in line with the prevailing legal bases or technical parameters, akin to competitors regulation on substitution, as TRAI has carried out so in the consultation document

. privateness and security elements

  • The provisions of the Info Know-how Act and the principles issued underneath it apply specifically to these considerations.
  • These regulatory frameworks are established by the provisions of the Personal Knowledge Safety Invoice 2018
  • . may be valid, the framework for addressing these considerations already exists in other legal acts.