India begins consultation process for regulating OTTs

The Telecom Regulatory Authority of India has asked stakeholders technical challenges in selective banning of specific OTT services and websites in specific regions of the country for a specific period, further, which classes of OTT services should be covered under selective banning and provisions and mechanism for such a regulatory framework.

“Whether there is a need to put in place a regulatory framework for selective banning of OTT services under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 or any other law, in force,” the regulator has asked in its paper.

The regulator also asked whether there is a need for a collaborative framework between OTT communication service providers and the licensed telecommunication service providers.

This will be the Telecom Regulatory Authority of India’s (Trai) second attempt to regulate OTTs following the telecom department letter to the regulator to reconsider its earlier recommendations given that OTT services had seen a huge growth in the past few years, reaching a mature stage which needed a holistic relook. Trai had first attempted consultation on regulating OTTs prior to 2020 and decided at that time that it wasn’t the time to delve into regulation.

“The Authority is of the view that a fresh consultation process may be initiated to frame suitable regulatory framework for OTT. In this regard, a consultation paper on regulatory mechanisms for OTT Communication Services, and Selective Banning of OTT Services, seeking inputs from stakeholders, has been placed,” the regulator said in the paper issued Friday. Comments have been sought by 4 August.

Trai has asked stakeholders to define OTT services, OTT communication services and identify classification in both categories. Views on OTTs from a regulatory, economic, security, privacy, safety, quality of service and consumer grievance redressal perspectives versus services offered by licensed telecom service providers.

Further, whether there was a need to bring OTT communication services under any licensing or regulatory framework to promote a competitive landscape for the benefit of consumers and service innovation, the regulator has asked. It has also asked the contours of the provisions in licensing norms for lawful interception, privacy, security, emergency services, unsolicited commercial communication – also known as spam – besides customer verification and quality of service. The details of financial conditions such as license fee or bank guarantees, have also been asked.

Updated: 08 Jul 2023, 12:48 AM IST