Telcos say Trai paper on OTTs ‘progressive’, backs their concerns

Telecom carriers have called the sector regulator’s latest discussion paper on regulating over-the-top (OTT) players such as WhatsApp, Telegram and Signal and on selective banning of apps during instances of civil unrest a progressive step and a backing of their concerns.

“The Telecom Regulatory Authority of India has initiated a consultation process on some very critical aspects regarding regulation of OTT communication apps, an issue which the telecom industry has been voicing grave concerns on… we believe this is an acknowledgement of the merit that the government has found in our submissions and are hopeful that the industry’s concerns will be met rationally,” S P Kochhar, director general, Cellular Operators Association of India (COAI) told ET.

The COAI represents India’s top private carriers, Reliance Jio, Bharti Airtel and Vodafone Idea (Vi).

Kochhar added that Trai’s consultation process would also ensure India has a forward-looking and future-ready regulatory mechanism in place that is adept at addressing the emerging needs of a fast evolving technology landscape.

Telcos have for long been demanding that communication apps be regulated as they offer similar services without the security and financial obligations attached to licensed telecom operators. The OTT players, on their part, have contended that they are already regulated under the IT Act and more rules will only stifle innovation.

Last Friday, Trai had issued an 87-page consultation paper on the regulatory mechanism for OTT communication services as well as their selective banning during instances of civil unrest that has a broad impact. This, after the Department of Telecommunications (DoT) asked the regulator to reconsider its 2020 recommendations. Trai had then proposed that OTT services need not be regulated.

But DoT told Trai last year that there is a need to relook at the regulatory, economic, security, privacy and safety aspects, given the widespread adoption and use of these OTT apps, especially with the services having reached maturity.

Accordingly, the regulator has sought views from stakeholders on possible technical solutions to mitigate the challenges that can come with the selective banning of these apps.

The issue of selective banning was raised by a parliamentary standing committee, which recommended that DoT must examine the issue and draw up a policy on the matter since such networks could be used by terrorists and other criminals.

In its discussion paper, Trai has said it will deliberate on which class of OTT services should be covered under selective banning and what the provisions should be. It has also invited suggestions on the need to selectively ban websites apart from OTT services.

Trai has listed 14 points. These include the definition of OTTs, OTT communications services, classification of OTT services, aspects of OTT communication services vis-à-vis telecom services. If they need to be regulated, what should be the framework to cover lawful interception, privacy, security, unsolicited commercial communication, licence fees amongst others.

The regulator has also invited views on if there is a need for a collaborative framework between OTT services and licensed telcos. But if this impacts net neutrality, it wants to know what measures should be taken to address it.