ott services: OTT communication, broadcasting, can’t be termed as telecom services: BIF

Broadband India Discussion board (BIF), representing tech corporations, has mentioned that over-the-top (OTT) communication providers, broadcasting providers and internet-based communication can’t be termed as telecommunication providers and due to this fact, shouldn’t be introduced beneath the licensing framework.

BIF’s submission got here on the final day of the deadline to offer feedback on the draft telecom invoice. As per officers, almost 900 feedback have been acquired and work has already began to border a revised draft of the telecom invoice.

Stressing on the purpose round OTTs, BIF in its submission mentioned bringing such gamers beneath the ambit of the telecommunication service licence implies that the federal government solely holds the unique privileges to determine, construct, develop and function the OTT apps. “Such a scenario is grossly anomalous, extremely impractical and can result in a collapse of your entire app ecosystem and thereby impacting innovation and development of the economic system.”

BIF, which counts tech gamers like Meta, Google, Amazon, Microsoft, Intel, TCS, OneWeb, Star and so forth as its members, has submitted that the definition of telecommunication service needs to be amended conserving in thoughts that licensing needs to be required for telecommunication networks.
BIF echoes views by one other tech gamers’ physique, Web and Cell Affiliation of India (IAMAI), which too had demanded that content material and broadcasting needs to be saved outdoors the purview of telecom. In distinction, telecom corporations like Reliance Jio, Bharti Airtel and Vodafone Thought in addition to trade affiliation Mobile Operators Affiliation of India (COAI) need that the federal government deliver OTTs beneath the regulatory regime.

All of the stakeholders have submitted their views on the draft telecom invoice, which was put up for public session in September. The Division of Telecommunications (DoT) has tried to simplify the language and regulatory framework within the draft invoice, which would be the nodal laws for governing the telecom sector.

BIF has mentioned whereas it appreciates the necessity to modernise the framework, it shouldn’t negate the prevailing framework. “We see a totally completely different licensing framework within the draft invoice. It’s based mostly on a fancy and complicated construction of definitions of ‘telecommunication’, ‘telecommunication providers’ and ‘telecommunication community’ and introduction of separate classes of licences for ‘telecommunication providers’ and ‘telecommunication community’.”

BIF really useful that the involved definitions and the regulatory provisions needs to be amended conserving in thoughts that licensing needs to be required for telecommunication networks. “OTT communication service, broadcasting service, internet-based communication can’t, due to this fact, be included by the use of particular inclusions or by the use of offering a really extensive definition of telecommunication providers whereas lacking the essential ingredient of telecommunication community,” BIF mentioned.

As per BIF, OTT providers, together with OTT communication providers, are clearly differentiated and might be distinguished from the definition of telegraph as offered within the Telegraph Act. “Thus, licensing beneath Indian Telegraph Act or its alternative, doesn’t apply to OTTs. Furthermore, OTTs providers needs to be ruled by the IT Act 2000, being info know-how providers,” BIF mentioned.

Additional, safety issues like KYC, if relevant, to OTT providers within the curiosity of customers could also be addressed throughout the purview of the IT Act. The KYC is finished by respective sectors independently even when they trip on telecommunication providers.

Relating to the telecom corporations’ name for ‘similar service, similar guidelines’ with reference to OTT communication providers, BIF mentioned such contentions aren’t appropriate, each beneath regulation and coverage, and additional such contentions could also be pushed by business targets.

OTT communications are primarily apps and never telecommunication providers, and like all app, they use the web, and they don’t personal or work a telegraph/telecommunication community.

“Telecom networks and OTT functions function in numerous layers (community layer and utility layer respectively). Utility layer isn’t a part of telecommunication community and will probably be incorrect to imagine that authorities could have unique proper to function apps and grant licences in respect thereto,” BIF added.