India’s Department of Telecommunications (DoT) has reportedly dismissed telcos' requests to impose telecom regulations on OTT services such as WhatsApp and Telegram. However, these platforms might still face regulation under other legal frameworks.
This decision follows a July 2023 consultation paper published by the Telecom Regulatory Authority of India (TRAI), which was requested by the DoT to reevaluate the regulation of OTT services. The TRAI had previously determined in 2020 that such regulation was unnecessary.
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The Cellular Operators Association of India (COAI) has consistently argued that OTT players, such as WhatsApp and Telegram, unfairly compete with telcos by consuming bandwidth without contributing to infrastructure costs. The COAI has called for these services to either share revenues or pay for telecom infrastructure.
In its latest submission to the TRAI, the COAI asserted that OTT communication services fall under the new Telecommunications Bill 2023 as an access service. Therefore, they should be regulated according to the “same-service, same-rules” principle, the COAI argued.
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However, according to other media reports, DoT officials have stated that they disagree with the COAI's interpretation of the new telecom law. They clarified that, despite a broader definition of "telecommunications," the law remains focused on licensed telecom operators who manage the networks for voice and data traffic and does not extend to OTT communications.
“Interpretation of the definition is not as simple and that is why different stakeholders are understanding in their own way. Things will be clarified after some time when all the rules under the Act are notified,” the official said.
OTT services are not exempt from regulation; the issue lies in determining which law should apply. OTT providers argue that they are already governed by the Information Technology Act.
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