Telecom Bill Likely To Create Tussle Between MIB & DoT Over DTH Inclusion

Amid the ongoing debates over the inclusion of over-the-top (OTT) communication apps in the Telecom Bill, experts have observed a possible tussle between the Ministry of Information and Broadcasting (MIB) and the Department of Telecommunications (DoT).

Experts have reportedly stated that the telecom bill in its current form has an ambiguity of definitions. The Bill expands the scope to telecom services and networks and ‘networks’ will likely include OTT communication services, internet-based communications, internet and broadband services and even DTH services.

In that case, the current definitions will assume the usage of scarce spectrum and licencing by telecom operators, expanding to OTTs and DTH. Currently, telcos require exclusive access to the limited ‘terrestrial spectrum’. Thus, if the Bill turns into an Act, it will force-fit broadcasting services or DTH services (that do not need to) avail any exclusive access to such scarce spectrum.

MIB is planning to send its comments on the draft and will also seek clarity from DoT over the inclusion of certain broadcast-specific aspects such as DTH and OTTs in the Bill.

It is noteworthy that in the past few years, several telecom operators have ventured into the DTH as well as OTT segment. Yet, according to experts, the current draft terms various services as ‘telecommunication services’ despite no need for regulatory overlap.

“This [spectrum usage] basis being flawed is naturally bound to lead to flawed legislative application and in turn sub-serve public interest as opposed to further it,” an industry executive within the broadcasting sector told ET. 

Telecom Bill Needs More Clarity Over ‘Services’ Definition

Several aspects of the Telecommunications Bill, 2022 have been under discussion among the telecom regulator TRAI, DoT and now MIB. 

Some industry bodies and experts have stated that the provisions of the Bill will give surveillance power to the government. That way, upon receiving order, these apps will have to disclose messages of individuals, forcing messaging platforms such as WhatsApp and Signal to break the encryption. 

It is noteworthy that the current draft of the Telecom Bill does not include the decryption and surveillance clause for OTT communication apps, but only telecom services. It is the ambiguity in definitions that indirectly includes these communications apps.

These communication apps would also have to receive a government licence like telecom operators. The licencing scope, also reportedly expands to DTH services.

Instead of bringing OTTs under the same regulatory ambit that exists for telecom companies, TRAI also advocated an issue-based approach to policy making for OTTs. As for DTH, the MIB is yet to send its comments on the draft Bill.

Note: We at Inc42 take our ethics very seriously. More information about it can be found here.