Answer:

Introduction:

With the rapid digitization and exponential rise in internet users, Over-The-Top (OTT) platforms have become immensely popular in India. However, their regulation has been a subject of much debate. Recently, the Department of Telecommunications released the draft Indian Telecommunications 2022 Bill, aiming to address the issues related to OTT services.

Body:

OTT Regulation Issues in India:

• Licensing Disparity: While telecom companies need licenses to provide their services, OTT platforms operate without them.
• Revenue Impact: OTT applications like WhatsApp calls, Facetime, etc., reduce the earnings of telecommunication service providers since these apps offer similar services without incurring the same regulatory fees and norms.
• Security Concerns: Unregulated OTT platforms might pose potential threats to national security due to the lack of oversight.

Salient Features of the Draft Indian Telecommunications Bill 2022:

• Consolidation of Previous Acts: The draft bill merges three prevailing acts governing the telecom sector.
• Dilution of TRAI Power: A reduction in the powers of the Telecom Regulatory Authority of India, especially concerning issuing licenses.
• OTT Inclusion: The bill brings OTT communication services under the ambit of telecom services, implying that they would require a license to operate.
• Refund Provisions: In case a telecom or internet provider surrenders their license, the bill proposes a provision for refund of fees.
• Payment Default: The government can provide multiple reliefs in case of payment defaults by licensees.
• Insolvency: Upon insolvency, the spectrum assigned reverts back to government control.
• Telecommunication Development Fund: Proposes renaming the Universal Service Obligation Fund to support the introduction of new telecommunication services and improve connectivity.

For example,

• Given the rising popularity of platforms like Netflix, Amazon Prime, and Hotstar, there is a clear shift in consumption patterns, making OTT regulation even more significant.
• The disparity in regulations has been a significant concern for telecom service providers like Airtel and Vodafone, who have to pay licensing fees and follow strict regulatory norms.

Conclusion:

While OTT platforms have revolutionized the way content is consumed in India, a balanced regulatory approach is crucial to ensure a level playing field and address security concerns. The draft Indian Telecommunications Bill 2022 appears to be a step in the right direction, consolidating older acts and addressing the challenges posed by modern telecommunication technologies. However, as with any regulation, its effectiveness will be determined by its implementation and the balance it strikes between regulation and innovation.

DOWNLOAD PDF