DoT intends to regulate OTT communication players only

Further, the regulation of OTT communication apps will be done primarily keeping the security perspective in mind and it will not focus on revenue raising measures such as licence fees as the aim is not to hurt growth of the sector, they added.

The officials though added that any kind of two-way communication between an app and its users constitute a telecom service, which may be regulated. For instance, an app will not need a license from DoT, but its customer support operations which involve calls and messages may be regulated.

The DoT is expected to take a call around such situations after the consultation process.

According to DoT officials, the draft telecom bill has been put up for public consultation and it required changes to clarify points of confusion, including definition of ‘OTT communication services’. Apart from OTT, other issues or concerns raised by stakeholders will also be addressed.

Stakeholders can send their comments regarding the bill till October 20.

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The draft telecom bill has sparked concerns that non-communication OTT players such as food aggregators and streaming services might be subject to licensing and regulation by the telecom department.


Broad definition of telecom services


Experts have pointed out that the definition of telecom services in the bill is very broad and could include all internet enabled services.

As per the draft bill, the DoT has enlarged the definition of telecommunication services, bringing OTT communication services under its ambit. In addition, satellite-based communication services, internet and broadband services as well as in-flight and maritime connectivity services are being brought under telecom.

Communications minister Ashwini Vaishnaw had tried to put the concerns around OTT regulation to rest recently when he clarified that apps that provide communication services would be brought under the telecom law, and not the ones that offer broadcasting services.

The main thrust of the government when it comes to regulating OTT apps is security and consumer protection, said officials. Bringing OTT communication under telecom service means that companies like WhatsApp or Signal may need to do a know-your-customer (KYC) verification of their users just like the way telecom operators do while onboarding users on their network. There should be a mechanism in place wherein a person who is receiving an OTT call should know who is making the call.

There is no provision of forcing decryption of encrypted messages in the draft telecom bill, but there is a clear mechanism for interception, based on a Supreme Court judgement, said officials.

“Distinction between a voice and data call has disappeared. KYC needs to be done for all the platforms and the services have to come under the same law,” Vaishnaw had said last month while speaking to journalists on the telecom bill. According to him, the OTT services were already being regulated through an interpretation of the Indian Telegraph Act and the new law will codify those regulations for clarity.

The bill, when it is passed by the Parliament, will replace three laws—the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.