Bharti Airtel
OTT communication services are quite distinctive from OTT application services. While applications services are based on the content posted on web sites (such as music, video, and text) and are available to the general public, OTT Communication services (VoIP) are real time, person-toperson telecommunications services. OTT communication services are therefore exactly the same as telecommunications services provided by licensed telecommunications providers except that instead of providing these services through their own networks, OTT communication service providers provide these services over the internet.
The VoIP service offered by OTT communication service providers is a perfect substitute for PSTN/Internet Telephony voice services offered by licensed TSPs. As per the National Telecom Policy and the present licensing regime, the privilege to offer these services is reserved under the Unified/UAS/ISP License granted under Section 4 of the Indian Telegraph Act. In contrast, OTT communication service providers offer these services without holding a telecom license in India and, therefore, circumvent Indian telecom licensing norms.
TSPs have invested billions of dollars in spectrum and networks in the belief that the prevailing licensing and regulatory regimes make it mandatory for the operator to install their own network to provide voice services. As per TRAI, a stable regulatory framework that promotes investment is sine qua non if anticipated investments for rolling out the ambitious Digital India mission are to materialize. However, OTT communication service providers undermine the prevailing licensing regime of the country by offering licensed services with- out holding a valid license. Therefore, this issue needs to be resolved on an urgent basis as these unlicensed services have a direct and profound impact on network investments, an element that is critical to achieving the vision of “Broadband for All”.
While it is important for OTT communication service providers to be brought under a regulatory framework on an urgent basis, OTT application services providers who are merely the end users of the internet need not be brought under any licensing/regulatory regime.
Customer Privacy and Other Rules
TSPs, while complying with the terms of their license, ensure that the privacy of communications is protected and prevent all unauthorized interceptions of messages. However, OTT communication service providers are not subjected to any such license conditions.
In order to curb the menace of UCC, TSPs follow TRAI regulations of Unsolicited Commercial Communications (UCC) and National Do Not Call Registry (NDNC). Stringent penalty provisions for violation of these regulations have been prescribed by TRAI. However, OTT communication service providers’ services are outside the scope of this regulation and therefore they are able to generate significant amounts of spam and unsolicited communication without any adverse effects. Similarly, OTT communication service providers are not subject to customer-centric regulation, such as metering and billing audits, quality of service, etc.
Therefore, it is essential that OTT communication service providers be brought within the ambit of a regulatory regime and made to operate under a uniform set of rules as are applicable to TSPs, relating to security, safety and privacy of communication, billing and quality of services for Indian customers.
TSP and OTT Players’ tie-ups Should not be Misconstrued
The most fundamental aspect of the interconnection is that it only happens at the peer level, e.g., “voice to voice” or “data to data”. While OTT communication service providers are application providers offering voice, TSPs in their capacity as data/internet providers are providers of bearer services only. Therefore, any association between OTT communication service providers and TSPs cannot be termed as an interconnection.
OTT communication providers can buy/negotiate the bulk data capacity they need as bearer infrastructure for their VoIP/voice services from the TSPs. Therefore, OTT communication service providers cannot be termed interconnecting partners even if they were to be licensed within the country.