Regulate services like WhatsApp, Skype, recommends DoT panel

An internal panel of the Department of Telecommunications (DoT) has recommended regulation of over-the-top (OTT) services, including WhatsApp and Skype, to ensure a level playing field in the sector.

In its report, the panel said OTT services should be regulated through exercise of licensing powers, available under section 4 of the Indian Telegraph Act, to create a level-playing field with telecom service providers, according to people in the know. However, it was not immediately clear how OTT services could be regulated through a licensing regime.

The committee has also recommended incorporation of a clause in the licence conditions of telecom and internet service providers, which will make them adhere to the guidelines prescribed by the government on the issue of net neutrality.

"A new legislation when planned for replacing the existing legal framework must incorporate principles of net neutrality. Till such time, interim provisions enforceable through licensing conditions suggested by the committee may be the way forward," the person said, quoting the report. Also, the Telecom Regulatory Authority of India (Trai) should examine the tariff plans launched by telecom and internet service providers to ascertain whether they conform to the principles of net neutrality.

Last week, Ravi Shankar Prasad, minister for communications and information technology, said the report of the DoT committee would be made public soon. The department is waiting for the regulator to firm up its view on the issue before taking any final call. The report was submitted earlier this month.

In January, DoT had constituted a six-member committee to look into net neutrality. Trai had also issued a consultation paper on the regulation of OTT players and the definition of net neutrality but is yet to come out with its recommendations. The government is yet to announce a new Trai chairman, following Rahul Khullar retiring from the post in May this year. Telecom players, including Bharti Airtel, Vodafone and Idea Cellular have been demanding uniform rules for all entities offering voice communication services. WhatsApp and Skype offer voice services through an internet platform.

However, many experts aren't in favour of a licensing regime for OTT players and feel licensing will curb innovation in the sector.

The same rule should apply for same services, including mobile and internet protocol (IP) voice services, as it was the only way to ensure digital inclusion and bring about social and economic good to people, telcos had said earlier. "We're pro-consumers. We don't believe in blocking any site. We are committed to net neutrality. But 'same services, same rules' must apply to all players, not just telecom operators, who have to pay various levies to the government, such as licence fee. The rules should be applicable to over-the-top players who offer voice and text telephony, among other services," Gopal Vittal, Bharti Airtel's managing director and chief executive officer (India and South Asia), had said in April.

Bharti Airtel's launch of the Airtel Zero platform on April 6 had triggered a debate on the issue of net neutrality across the country and many experts said the launch was against the principles of net neutrality. On the 'Airtel Zero' platform, companies, including start-ups, can offer apps for free. The app maker will pay for a customer's free usage to operator and users don't have to pay any data charges.

Net neutrality means all internet sites have to be treated equally, without any discrimination in terms of speed and cost of access.
TIGHTENING GRIP

• Airtel Zero platform kicks off debate on net neutrality
• Telcos demand same rules for same services
• DoT sets up panel for formulating views on net neutrality
• Panel recommends regulation of OTT services