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‘Bringing WhatsApp, Signal, Telegram, Google Meet and other OTT apps under telecom licence is violation of the Indian Constitution as …’
Another big fight is brewing between telecom operators — Airtel, Reliance Jio and Vodafone-Idea — and internet giants over the regulation of over-the-top (OTT) platforms. Telecom industry body COAI has called for bringing popular messaging and video call apps like WhatsApp, Telegram, and Google Meet under the ambit of telecom licences, arguing that they contribute significantly to data traffic and infrastructure costs.
COAI members include Airtel, Reliance Jio, Vodafone-Idea and BSNL. However, the Broadband India Forum (BIF) has vehemently opposed this move, claiming it’s discriminatory and unconstitutional. BIF members include Google, Microsoft, WhatsApp, Facebook and others.
“Telecom companies demand unconstitutional”
Industry body BIF has claimed that telecom service providers’ — Airtel, Reliance Jio and Vodafone-Idea — suggestion to bring internet call and messaging apps like WhatsApp, Telegram, and Google Meet under the ambit of telecom licences is in violation of the Constitution of India. In a statement, BIF president TV Ramachandran said that bringing OTT (over-the-top) services under the Telecom Act is in complete violation of Article 14 of the Constitution, which guarantees equal treatment to every person and entity.
“Comparing OTT services to telecom services of voice and SMS is completely erroneous and overlooks the vast and critical differences between the two categories,” Ramachandran said. He asserted that OTT services are fundamentally different from traditional telecom services, as they don’t own network infrastructure or enjoy the same spectrum rights.
He said telecom service providers enjoy several exclusive and unique rights that include the right to interference-free spectrum, numbering resources, right of way to set up infrastructure etc. However, OTT players neither have these privileges nor do they own the network or control the access to telecom infrastructure.
In response to the “Introduction of a Unified-Service Pan India Authorization” BIF said that different types of services require different terms and conditions and a single authorisation ignoring the
different types of telecommunication services and ignoring different terms and conditions attached to each type of telecommunication services will be completely arbitrary and will greatly damage the regulatory framework. It will be in violation of the framework given in Section 3(1) and Section 3(2) of the Telecommunications Act, 2023 and level playing field, which will be changed in favour of few and against others.
COAI members include Airtel, Reliance Jio, Vodafone-Idea and BSNL. However, the Broadband India Forum (BIF) has vehemently opposed this move, claiming it’s discriminatory and unconstitutional. BIF members include Google, Microsoft, WhatsApp, Facebook and others.
“Telecom companies demand unconstitutional”
Industry body BIF has claimed that telecom service providers’ — Airtel, Reliance Jio and Vodafone-Idea — suggestion to bring internet call and messaging apps like WhatsApp, Telegram, and Google Meet under the ambit of telecom licences is in violation of the Constitution of India. In a statement, BIF president TV Ramachandran said that bringing OTT (over-the-top) services under the Telecom Act is in complete violation of Article 14 of the Constitution, which guarantees equal treatment to every person and entity.
“Comparing OTT services to telecom services of voice and SMS is completely erroneous and overlooks the vast and critical differences between the two categories,” Ramachandran said. He asserted that OTT services are fundamentally different from traditional telecom services, as they don’t own network infrastructure or enjoy the same spectrum rights.
He said telecom service providers enjoy several exclusive and unique rights that include the right to interference-free spectrum, numbering resources, right of way to set up infrastructure etc. However, OTT players neither have these privileges nor do they own the network or control the access to telecom infrastructure.
In response to the “Introduction of a Unified-Service Pan India Authorization” BIF said that different types of services require different terms and conditions and a single authorisation ignoring the
different types of telecommunication services and ignoring different terms and conditions attached to each type of telecommunication services will be completely arbitrary and will greatly damage the regulatory framework. It will be in violation of the framework given in Section 3(1) and Section 3(2) of the Telecommunications Act, 2023 and level playing field, which will be changed in favour of few and against others.
What Reliance Jio, Airtel and Vodafone said in their submission to TRAI
Reliance Jio, Bharti Airtel, Vodafone Idea and industry body COAI — in their comments on the consultation paper issued by Trai, seeking views on the framework for service authorisations to be granted under the Telecommunications Act, 2023 — have said that the calling and messaging apps should be brought under services to be provided through authorisation.
“As per our understanding, OTT Communication services are covered under the new Telecom Act as an access service,” Telecom operators industry body COAI said in its submission to the Telecom Regulatory Authority of India (Trai).
