India’s telecom regulator, the Telecom Regulatory Authority of India (TRAI), is rethinking its approach to the regulation of over-the-top (OTT) communication services. According to reports, the regulator is considering the withdrawal of its consultation paper on establishing a licensing framework for OTT services such as WhatsApp, FaceTime, Telegram, and Skype.
TRAI Chairman Anil Kumar Lahoti has indicated that the issue of regulating OTT services is being reassessed, especially after the exclusion of these services from the new telecom act. “We will examine this issue. We cannot tell you what can be done, or what can’t be done,” Lahoti stated when asked whether the consultation paper remains relevant.
The Indian government’s decision to exclude OTT services from telecom regulations in its latest legislative draft shifts the responsibility of regulating OTT communication to the upcoming IT law, which is currently under development.
The reconsideration of OTT regulation coincides with Gopal Vittal, CEO of Bharti Airtel, calling for regulatory oversight for internet-based voice and messaging services. Vittal has been vocal about bringing OTT services under a regulatory framework to combat challenges such as spam and cyber frauds. His demand highlights the long-standing tension between telecom service providers and OTT platforms, with telecom companies asserting that they are subject to stringent licensing and compliance requirements, while OTT players enjoy a more lenient regulatory environment.
“A regulatory oversight is needed to hold these platforms accountable for unsolicited communication,” Vittal emphasized during the launch of Airtel’s AI-powered network solution, which aims to address spam.
Traditional telecom operators, including Airtel, Jio, and Vodafone Idea, have consistently argued for a “same services, same rules” approach, advocating that OTT platforms providing communication services should be subject to the same regulations as telecom operators. These companies contend that they face significant regulatory scrutiny, licensing fees, and obligations to law enforcement agencies, while OTT platforms operate without such constraints.
As the government continues to work on its new IT law, the fate of OTT regulation remains uncertain. For now, TRAI’s consultation paper on licensing OTT services remains under review, with a potential withdrawal on the horizon. The telecom industry and OTT platforms await further clarity on the regulatory direction India will take.
Key Highlights:-
- TRAI is reconsidering its consultation paper on OTT services following the exclusion of these services from the new telecom act.
- Bharti Airtel’s CEO Gopal Vittal has called for regulatory oversight of OTT communication platforms to tackle spam and cyber frauds.
- Telecom companies argue that OTT players like WhatsApp and Telegram should follow the same rules as traditional telecom services.
- The regulation of OTT platforms may now be addressed in the new IT law being developed by the government.