DoT could carry again key clause to allay Trai fears

The Division of Telecommunications (DoT) is ready to carry again a provision within the draft telecom Invoice that requires the federal government to hunt reconsideration of the sector regulator’s suggestions it would not agree with or clarify the rationale the place these are rejected.

A revised model of the draft, to be introduced out within the coming days after getting feedback from stakeholders, will reinstate this provision – Part 11 of the Trai Act – in addition to clearly outline over-the-top (OTT) communication gamers and make tweaks to the methods of spectrum allotment, in a bid to provide extra readability and resolve any misgivings.

Part 11 of the Act was dropped from the present draft. Consultants feared that its removing would rob the Telecom Regulatory Authority of India of its powers and cut back it to be only a recommendatory physique.

After Trai raised crimson flags on the omission of the provisions of the Act, discussions had been held between Trai and DoT officers in addition to with different stakeholders and it has now been determined to proceed with the present provisions.

Officers at Trai and DoT confirmed to ET that every one the problems have been sorted out.

DoT officers, although, mentioned Part 4 of the Trai Act wouldn’t be reinstated because it was eliminated to provide flexibility in appointments.

‘More likely to Superb-tune Spectrum Allocation Course of’

Part 4 pertains to appointment of the Trai chairman and its members. At the moment, solely a secretary-level bureaucrat at a state or the central authorities will be appointed as its chairman.Aside from the Trai matter, DoT is ready to outline OTT communication in a a lot clearer method within the revised draft to take away any ambiguity. The present draft talks solely about enlarging the scope of telecommunication providers by bringing OTT communication providers beneath the ambit. This has created confusion round what OTT apps would wish regulation. The revised draft is anticipated to outline OTT communication providers, mentioned officers.

Within the revised draft, DoT can also be prone to fine-tune the exemptions whereby spectrum will be given administratively. Officers mentioned the division had instructed telecom operators that backhaul spectrum must be taken via auctions going ahead. As per the present draft, this spectrum utilized by operators to attach their websites will be given administratively.

DoT is ready to formally lengthen the date for sending feedback on the draft to November 10 after which it would come out with a revised draft, which can be taken to the Cupboard. Telecom minister Ashwini Vaishnaw had on October 26 mentioned stakeholders may give feedback until November 10, extending the deadline from October 30. However the division hasn’t come out with any notification but.

After the draft telecom Invoice was put up for public session final month, DoT officers in addition to minister Vaishnaw have held conferences with stakeholders together with telecom operators, know-how corporations and others. Throughout such conferences, DoT has assured the trade that their views can be thought of within the revised Invoice.

Officers mentioned DoT has instructed the know-how corporations that the intent to control OTT was as a consequence of safety considerations and never for licensing functions. The division feels that OTT must be regulated as a result of many of the communication is occurring via apps, which is difficult to trace in contrast with conventional voice calls and messages.

In line with a senior DoT official, 60-70% of voice calls are presently going down over these apps. For instance, messaging app WhatsApp counts India as its largest market, with greater than half a billion customers. WhatsApp accounts for the majority of the calls revamped communication apps in India, say specialists.

Telecom operators are mandated to retailer name particulars document (CDR) of all voice requires at the least a yr. CDR knowledge is useful when required by safety businesses. There isn’t a such requirement for OTT calls at current. However going ahead, all OTT platforms providing communication providers must guarantee person verification via the know-your-customer (KYC) course of.