More than three years after it first sought views on ‘regulatory framework for over-the-top services’, the Telecom Regulatory Authority of India (TRAI) has issued another consultation paper with almost the same title – ‘regulatory framework for over-the-top communication services’ on Monday. The new paper, however, deals with the residue issues after those pertaining to differential pricing, net neutrality and framework for internet telephony – which were parts of the original paper – have been dealt with by the regulator. The paper aims to analyse and discuss “changes that may be required in the current regulatory framework to govern these entities; and the manner in which such changes should be effected”. Telcos in India have been batting in favour of bringing OTT players under the ambit of the regulatory framework, as they offer similar services without attached licencing obligations, conditions and levies (such as licence fee). Telecom firms also have to abide by stringent service quality benchmarks and invest in networks and infrastructure. However, OTTs argue that a regulatory regime for them would stifle innovation. “The objective of this consultation paper is to analyse and discuss the implications of the growth of OTTs; the relationship between OTT players and telecom service providers; the similarity, if any, between services provided by the telecom service providers and OTT players.,” TRAI said. OTT services refer to applications and services that are accessible over the Internet and ride on an operator’s network. TRAI pointed out that the scope of its current consultation would be regulatory issues and economic concerns pertaining to those OTT services that are “same or similar” to the services provided by telcos. Trai has sought the views from stakeholders on which OTT services should be regarded as the same or similar to those offered by telcos, and if the concept of “substitutability” should be the main criteria for comparison of regulatory or licensing rules. The sectoral watchdog has also asked whether “regulatory or licensing imbalance” has had an impact on telecom network investments especially required for capacity expansions and technology upgradations, and how OTT service providers can participate in infusing investment in the telecom networks. “Would inter-operability among OTT services and also inter-operability of their services with TSPs services promote competition and benefit the users,” TRAI noted in its consultation paper, asking stakeholders to state measures that can be taken to promote competition. TRAI has also sought views on are issues pertaining to lawful interception of OTT communication that need to be resolved in the interest of national security and whether responsibilities of OTT service providers and TSPs should be distinct. Also, it has touched upon the issue of unsolicited commercial communications on OTT services, but only suggested that the concerns, as of now, are being addressed through a self-regulatory or a market-driven approach. “OTT players may have their own mechanism to block communications to individuals who have reported against it. It is not known how OTT players deal with cases of multiple complaints against same number. It is also not known what remedial measures are available to person who is victimised due to motivated campaign against an individual. There are no statistics available in the public domain about the effectiveness of mechanism adopted by them,” TRAI pointed out.
