![\"\"](\"\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
Responding to the Telecom Regulatory Authority of India’s (Trai<\/a>’s) consultation paper on Regulating Converged Digital Technologies and Services - Enabling Convergence of Carriage of Broadcasting and Telecommunication, Vodafone Idea<\/a>, Bharti Airtel<\/a> and Reliance Jio<\/a> have said that all content, irrespective of the technology it is delivered over, should come under tariff regulation mandated by the regulator.
“Since the OTT<\/a> services ride over the resources of TSPs (telecom service provider) and are transposable with the services offered by TSPs, they should also be regulated under a framework and asked to compensate TSPs,” Vi said in its response to the consultation paper.
However, broadcasters and OTT service providers have refuted the point.
The Indian Broadcasting and Digital Foundation (IBDF<\/a>) has contested the premise on which the sector regulator has defined convergence.
“The availability of different services through the same platform does not mean that there has been convergence of services. For example, telecommunication services are primarily private in function, and broadcasting services are primarily public in function, and must be treated as distinct for regulatory purposes,” it said.
The association added that all internet-based services run on top and are dependent on established telecom networks, and therefore cannot be considered substitutes or the “same service” as telecommunication services.
The News Broadcasters & Digital Association (NBDA) also said that there is no overlap between the services provided by telcos and broadcasters.
“Merely because telecommunication, broadcasting and data service(s) are at time delivered through common delivery platforms, the same cannot be interpreted as convergence of such services and\/or a reason to advocate for a converged legal, administrative, licensing and regulatory regime for sectors which are substantially different,” it said.
The Digital News Publishers Association (DNPA<\/a>) agreed and reiterated that the basic precept underlying the CP is flawed.
The sector regulator, in January, had asked industry<\/a> stakeholders to provide opinions on the legal, regulatory, licensing and spectrum management framework to deal with convergence of carriage of broadcasting services and telecommunication services.
Jio and Airtel have echoed Vi’s sentiment with Jio adding, “The OTT Communication services offer voice, video, and messaging services, that are substitutable with similar services offered by licensed TSPs. The TSPs bear the costs for the infrastructure, spectrum management and pay license fees for use of spectrum.”
They maintained that while licensing and spectrum related regulation should come under the Department of Telecommunications for both telecom and broadcast entities, content regulation should fall under the ministry of information<\/a> and broadcasting (MIB).
“All the communications services which use the telecommunication network and those which ride over the top of fixed and wireless networks, should be converged and defined under the new Telecommunication Bill,” Vi reiterated.
However, OTT service providers, represented by the Internet & Mobile Association of India (IAMAI<\/a>), have refuted the point stressing on the dissimilarities in ecosystems between them and telcos, and that doing so would give telecom operators undue advantage.
“This amounts to strengthening TSPs as gatekeepers and imposing a penalty on any service provider who wishes to unlock the potential benefit of convergence of infrastructure,” IAMAI<\/a> said. The association represents the likes of Amazon, Netflix, Hungama, Times Internet Limited, and Hoichoi (a regional OTT service provider) among its members.