Communications minister Ashwini Vaishnaw’s clarification that all issues relating to dilution of powers of the Telecom Regulatory Authority of India (Trai) in the proposed Telecom Bill will be suitably addressed is certainly a step in the right direction. No regulator can be made a rubber stamp of the government. Three main areas—tariffs, quality of service standards, and dispute resolution mechanism—have emerged as major flashpoints as currently the department of telecommunications (DoT) does not have any powers with regard to these. In an area where the government is both a policy-maker as well as a service provider—it owns BSNL/MTNL—the role of an independent regulator becomes all the more important as it instills investor confidence. DoT should have sought inputs from different ministries as well as the regulator before preparing the draft Bill. The inputs of external stakeholders could have been sought at a later stage. This way, the different wings of the government would have put up a joint front, which is sadly not the case now.
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As also reported by this paper, the information and broadcasting ministry has already written to DoT seeking clarification on the inclusion of broadcasting services and over-the-top (OTT) communication services as part of telecommunication services in the draft. It has reportedly also expressed surprise that how come such an exercise was never preceded by any inter-ministerial consultations. The matter does not stop here. Reports suggest that there is some disquiet in the ministry of electronics and information technology (MeitY)as well, as it currently oversees and regulates intermediaries like WhatsApp, Twitter, etc, and also administers the Information Technology Rules. The move would surely be seen as DoT wanting to usurp all powers.
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It is still not too late, and rather than addressing issues after receiving stakeholders’ comments, the last date for which is October 30, it would be a good idea for the government to set up an inter-ministerial committee with representatives from different ministries to draft and finalise a Telecom Bill. The Digital Communications Commission, which is the highest policy-making body on issues relating to telecom, is an inter-ministerial panel with secretaries from finance ministry, NITI Aayog, department for promotion of industry and internal trade, and MeitY. It is inexplicable why such a body should not be involved in the making of the draft. A year ago, the government did well to clearly delineate the role of the MeitY and the I&B ministry with regard to regulation of intermediaries (social media) and OTT players as well as digital media. Prior to February 2021, both were regulated by MeitY, but since then, OTTs come under the purview of I&B.
Even if DoT erred in stepping over the jurisdictions of other departments while coming out with the draft, it is still a matter within the government. However, regulators technically do not fall within the ambit of government but are statutory, even quasi-judicial bodies. Therefore, before proposing changes in their powers, wider discussions in the government is a must; else, regulatory bodies would risk losing their relevance. Trai, which came into being in 1997, went through a change in its composition and powers in 1999 through wide-ranging consultations; so, there is no reason for a unilateral move now on the part of DoT. Since the issues have been flagged, one hopes the government urgently constitutes an inter-ministerial panel, which also comprises people of eminence, and reworks the draft.