The Telecom Regulatory Authority of India (Trai) and the department of telecommunications (DoT) have resolved issues relating to the powers of the regulator as proposed in the draft Telecom Bill, Trai chairman PD Vaghela told FE on Wednesday.
“As per the initial discussions with the government, the issues have been resolved. We are happy that the honourable communications minister understood our issues. Now, we will wait for the final draft Bill,” Vaghela said.
The Trai chairman’s comments assume significance as communications minister, Ashwini Vaishnaw had last month said that DoT has addressed the fears of the telecom regulator regarding dilution of power under the draft Telecom Bill.
As per the draft Bill, the government had proposed to amend Section 11 of the Trai Act 1997. The act mandates the government to seek recommendations of Trai for management of spectrum, licences, and matters related to new services.
If the Bill had become an Act in its present format, Trai’s powers would have substantially got diluted and it would have become a rubber stamp of the government for all practical purposes.
The government had cited simplification of process as the reason to propose amendments in some of the sections of the Trai Act. But after discussions and criticism from industry experts, the government does not intend to change the Trai provisions as of now. It’s likely that the measures related to Trai would be taken up later with the aim to further strengthen the regulator by giving it more powers.
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The public consultation process on the draft Telecom Bill is going on and the stakeholders can send their comments by November 20.
Apart from provisions related to Trai’s powers, the draft Telecom Bill has also proposed to include over-the-top (OTT) communication apps like WhatsApp, Signal under the ambit of telecommunications.
While the government said it would be a light-touch regulation for OTT communication apps, the big technology companies and some industry associations have objected to any such move.
Simultaneously, Trai is also expected to issue a public consultation paper next month for regulation of OTT players, which will include both the entertainment apps as well as communication apps.
“Our objective will be to introduce a light touch framework that irons out the inconsistencies created by technological disruptions. We cannot have regulatory imbalance between conventional technologies of yesteryears and new technologies. Yet, at the same time we should not stifle innovation and competition,” Vaghela said.
Besides the regulation around OTT communication services, recently cable TV operators have urged Trai to regulate the OTT entertainment apps that offer television channels and content to users at lower cost.
“Today, the same content is available on television, smart connected screens as well as smartphones. Owing to the difference in the distribution mechanism on these platforms, they pose a regulatory challenge,” Vaghela said.
The telecom regulator is working on the issue to bring level playing field among various service provisioning mechanisms, he said.
