TRAI Excludes Communication Apps From New Licencing Regime

SUMMARY

In TRAI’s newest suggestions on the “Framework for Service Authorisations to be Granted Underneath the Telecommunications Act, 2023”, there was no point out of on-line messaging apps

With this, the regulator has kind of heeded the demand of digital advocacy teams to maintain OTT apps exterior the ambit of Act

In a paper launched in July, TRAI sought suggestions on the identification of a regulatory mechanism to cowl OTT apps and look at points associated to selective banning of such apps

The Telecom Regulatory Authority of India (TRAI) has excluded over-the-top (OTT) communication apps resembling WhatsApp, Telegram and Sign from its newest suggestions on licencing regime, which have been launched on September 18.

In TRAI’s newest suggestions on the “Framework for Service Authorisations to be Granted Underneath the Telecommunications Act, 2023”, there was no point out of on-line messaging apps. 

With this, the regulator has kind of heeded the demand of digital advocacy teams to maintain OTT apps exterior the ambit of Act. Each telecom operators and OTT apps have been at odds with one another as the previous have been pitching for bringing such apps underneath a licencing regime. 

In its report, TRAI really useful an entire overhaul of the licencing and advised a unified authorisation for providing all types of telecom providers. It proposed three broad classes of telecommunication service authorisations specifically foremost service, auxiliary and captive.

One other key takeaway from the report was that the telecom regulator proposed clubbing the scopes of current World Cell Private Communications by Satellite tv for pc (GMPCS) and VSAT-CUG (very small aperture terminal-closed consumer group) licencing regimes right into a single “Satellite tv for pc-based Telecommunication Service Authorisation” regime. 

“… The extant restriction on VSAT operators to offer providers to solely CUG has been eliminated underneath the brand new authorisation framework. Each VSAT primarily based FSS and GMPCS service have been included underneath the scope of Satellite tv for pc-based Telecommunication Service Authorisation,” mentioned an official assertion. 

The suggestions come two months after TRAI, in July, floated a session paper and sought feedback and counter-comments on the “Framework for the Service Authorisations to be Granted Underneath the Telecommunications Act, 2023”.

In response, 48 stakeholders submitted their feedback whereas 17 entities furnished counter feedback. The regulator additionally performed an open home dialogue and just about sought inputs on the paper. 

The paper sought suggestions on the identification of a regulatory mechanism to cowl OTT communication apps. It additionally sought to look at points associated to selective banning of apps resembling Meta-owned WhatsApp, Telegram and Google Meet, in addition to lawful interception of messages by authorities.

The paper additionally sought responses on questions on whether or not there was a necessity for a collaborative framework between OTT apps and licensed telcos and the potential challenges which will come up out of such a framework and its impression on web neutrality.

Of their responses, telecom operators overwhelmingly referred to as for bringing OTT apps underneath regulatory framework, with Mobile Operators Affiliation of India (COAI) saying that such platforms ought to pay a community utilization cost to the telecom operators. 

Opposing this demand, the Web & Cell Affiliation of India (IAMAI) referred to as the income sharing plan a ‘dying knell’ for the nation’s digital economic system. Different digital activists too warned authorities in opposition to any such transfer, saying that it could have an antagonistic impression on India’s digital economic system.




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