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Regulating OTT Services: What the COCO and IIM-Ahmedabad Idea TCOE stated in their comments

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This report outlines what COAI and IIMA Idea TCOE from the business our bodies advised TRAI about the public consultation on the regulation of OTT providers. OTT providers have been shortened to OTT providers solely in the report.

Study what telcos, Indian internet corporations, and streaming providers have stated.


Question 1: Which service (s), when offered by OTT's service provider (s), have to be ] thought-about to be the similar or just like the providers offered by TSP. Record all such OTT providers with descriptions that examine it to the providers provided by TSP.

COAI: (Combined response for Q1 and Q2)

  • On this context, it is very important introduce the definition of Electronic Communications Providers (ECS), which are future proof and present the right foundation for figuring out what providers are regulated by ECN / S with body
  • ECS can exchange telecommunications providers comparable to VOIP and communications (textual content, voice and video)
  • We advise that TRAI can accept the definition proposed by the EU, ie "interpersonal communication", which suggests a service that permits direct interactive private info trade a restricted variety of persons via the digital communications community the place the individuals initiating / collaborating in the interaction outline their recipients. "
  • EU check utilized
  • Alternative of the service ought to be one in every of the main and essential criteria for evaluating the regulatory or licensing guidelines relevant to TSPs and OTT providers


  • COAI has stated that TSPs lose about 15 % of their revenues to OTT
  • Providers categorised as software ecosystems and video / audio content are totally different in nature from traditional providers, which aren’t the similar or just like TSP providers

Q.2 Ought to substitutability get replaced by d as the main criterion for comparing regulatory or licensing rules applicable to TSPs and OTT suppliers? 19659008] Loss of TSP Revenue – Lack of revenue is especially due Replacing ILD Voice Providers with OTT Providers, reminiscent of WhatsApp, Messenger, and so forth
  • The increase in revenue as a consequence of elevated use of OTT providers is predicted to compensate for the lack of income on account of decreased use of ILD voice and SMS providers.
  • TSP Network Infrastructure – Deployment and Use, Network Deployment – Without OTT, there’s a restricted want for networks. Subsequently, there’s an misguided declare that investments in network infrastructure will decrease because of OTT providers
  • Community Usage – Shopper Network Utilization in OTT Providers has affected the use of TSP's network. Video / audio-based OTT providers are exhaustive and eat high bandwidth (over 7x bandwidth). sound / video quality, and so forth.
  • This is a vital concern that needs TRAI's robust action
  • Non-level regulatory necessities for TSPs and OTTs are a cause for top regulatory necessities for TSPs and OTTs although they provide functionally equal providers. Although OTT-SPs are regulated by IT, the regulatory requirements of OTT-SP don’t correspond to the regularity of TSPs
  • Question three: Have regulatory or license imbalances affected the infusion of investment in telecommunications networks, especially occasionally by way of community capability enlargement and know-how gradual Such separation? If yes, how can OTT suppliers take part in funding in telecommunications networks?


    • Telecom is now in an inconsistent position with unregulated OTTs that present comparable voice, video, and knowledge providers with none regulatory value, license charge or frequency cost.
    • It is very important examine operators' taxes / expenses to make sure that the telecommunications business remains financially secure.

    IIM-A Idea TCOE

    • only promoters of community infrastructure as service supplier. OTTs exchange the conventional providers of the TSPs throughout the use of their network infrastructure
    • TRAI should develop a framework to finance the losses of TSPs, if any, as a result of their network passes via OTT.

    Query 4: Interoperability of OTT providers and additionally interoperability of their providers with TSP providers will promote competitors and benefit users? What measures could be taken to promote such competition, if any?

    COAI : The interoperability of OTT providers shouldn’t be approved and ought to be left to market forces

    IIM-A Idea TCOE

    • OTT-to-OTT – TRAI should refrain from making suggestions to OTT. to-OTT-interoperability. Regulating such providers is the mandate of Parliament to vary IT regulation and its rules, because the OTT operates in the service layer, that is, the software and content material layer
    • OTT-to-TSP – OTT interoperability (communication providers only) and TSPs promote competitors and profit users for ease of use and convenience. Such an interoperability clause ought to be left to the market forces to determine
    • OTT have to be approved to offer primary service providers

    Query 5: Are there any points associated to the legal interception of OTT communications which have to be resolved by nationwide safety or different security measures which ought to be introduced? Ought to the obligations of OTT suppliers and TSPs be separated?


    • OTTs ought to comply with nationwide security and privateness guidelines
    • Knowledge mining and knowledge analysis, and so forth. Result in the full compromise of individual privateness. Software suppliers can put a shopper's privacy and security at risk by leaving the lure open to replace their purposes / OS.
    • It’s subsequently essential to manage customer consent to permit purposes to redeem telephone info
    • Non-regulatory internet ecosystem stakeholders using the TSP knowledge channel to succeed in their clients with providers including comparable voice and messaging providers not subject to TSP safety necessities
    • In the case of OTT, deletion and retrieval of knowledge isn’t guaranteed if the info is outdoors India or outdoors the direct management of the operator. OTT should have the infrastructure to help TSPs with its present LI techniques. OTT also needs to adhere to the requirements that TSPs and public sources comply with the defined LI necessities
    • The following is proposed to OTT:
    1. Providing LIM
    2. Compliance with Knowledge Protection Requirements
    3. as specified in the Harmonized License, Installing Switching Nodes in India, Sustaining All Important and Sensitive Knowledge in India
    4. Business Documentation / Call Element (CDR) / Change Details (IPR) / IP Detailed Document (IPDR)
    5. Compliance with Traceability Requirements for All Subscribers [19659044] Procedures for Sharing Buyer Info with Regulation Enforcement Authorities
    6. Compliance with TRAI Regulation and Periodic Tips
    7. Compliance with Info Know-how Act, 2000
    8. Compliance with Proposed Knowledge Safety Regulation
    9. Compatibility with Corporations Act 2013 int egroimina to India
    10. 659058] IIM-A Idea TCOE

      • OTT should have the similar rules for listening as TSPs. OTT's reception beneath section 69 of the IT Act
      • OTT's service providers should provide regulation enforcement authorities with:
      • entry to their amenities and methods,
      • all requested info; and
      • all visitors info in their possession

      Briefly, OTT must provide the similar info as the TSPs required.

      Question 6: Ought to the availability of emergency providers be out there via OTT with the requirements imposed on telecom operators?


      • OTT communications service providers might be inspired to facilitate the use of emergency name providers by location providers;
      • OTT's communications service suppliers can clearly and unambiguously inform subscribers of their limitations on providing emergency providers.

      IIM-A Idea TCOE

      • Yes. The principles for TSPs should apply to OTT offering comparable specialized providers
      • Those OTTs that attain important mass ought to be approved to offer these emergency providers.

      Query 7: Is there a question between OTT providers and TSPs providing the similar or comparable providers? If the reply is yes, ought to regulatory or licensing rules be imposed on OTT suppliers to make sure a degree enjoying subject?


      • Some of the providers provided by OTT players, akin to communications / immediate messaging and VOIP phones, are full alternative providers.
      • The regulatory remedy of TSPs has several elements to OTT operators, creating a degree enjoying area and hampering the former's potential to compete pretty on the market. 19659009] With a purpose to reduce imbalances, the present regulatory and licensing circumstances for TSPs ought to be reviewed and minimized, bearing in thoughts the lightweight authorization procedure.
      • Nevertheless, OTT communications providers ought to meet essential requirements. Security / legal reception and monitoring, buyer privateness and knowledge localization.

      IIM-A Idea TCOE – reply Q7 and Q8 under.

      Query 8: Whether it is proposed to apply a regulation or license clause to OTT providers in response to Q.7, ought to such laws or license phrases be reviewed or redefined in reference to OTT providers, or can they be utilized in this type themselves? If a evaluate or redefinition is proposed, it is going to be proposed or proposed the vital amendments to the explanatory memorandum


      • OTTs could also be granted by introducing an OTT Notification beneath the Unified License and subject to the following regulatory necessities:
      1. and CDR Tracking and upkeep for a limited time period
      2. The country's knowledge safety and safety laws should apply equally.
      3. Knowledge Localization: OTT Communications Service Providers Require Host Info in India.
      4. TRAI should apply to licensed and unlicensed entities offering comparable providers, respectively

      IIM-A Idea TCOE (Answer 7 and eight)

      • Yes, this can be a degree enjoying area, given the similar / comparable TSPs: and enhancing the providers offered by OTT and thus the regulatory imbalances
      • The particular nature of specialized providers might require a substantial distinction in remedy.

      Query 9: Are there another points that you simply want to be notified to the authority?

      COAI and ] IIM-A Idea TCOE: No Comments

      Sneha Johari

      I MediaNama-alumni in 2015-16 (keep in mind TinyOwl?), Which now covers e-services, corresponding to food and groceries, transport and application-based practices, platforms and media in India.