While mobile phone operators pushed for regulating the likes of WhatsApp<\/a> and Facebook<\/a>, saying they provide the same services of calling and messaging as telcos do, the apps pushed back, saying they were already regulated under the IT Act, and further regulation would stifle innovation.
\"OTTs are not free riders... OTTs are also leading to significant revenue generation and huge investments... they are innovating and creating new services, and have enabled explosive data growth amongst telecom service providers,\" Broadband India Forum's Debashish Bhattacharya said on Monday, arguing for the apps, and added that two sides had a symbiotic relationship.
The telecom industry though rued that it had lost revenue due to the proliferation of communication apps, and called upon Trai to ensure 'same service same rules' with respect to rules around lawful interception, data localisation needs, maintaining call records, among others.
During the discussions, Ravi Gandhi, Bharti Airtel's chief regulatory officer, said the communications apps were \"perfect substitutes\" for services offered by telcos.
Reliance Jio's Sandeep Verma added that the key reasons for regulating such apps were to do with national security and data protection.
\"We believe, it is above the requirement of growth or innovation, because national security is in the interest of the nation. For any service provider which functionally provides similar communication services, national security and data protection law should be uniformly applicable,\" he added.
The arguments came at Trai's open house discussion on 'regulatory framework for OTT Communications Services'. The regulator last year issued a consultation paper to debate whether OTT players should be brought under a regulatory regime.
Of late, many of these platforms have come under a greater scrutiny. The government has proposed changes in IT rules to seek greater accountability from OTT firms like WhatsApp and Facebook.
Asked if there would be overlap between the regulator's consultation and ongoing efforts of the IT ministry, Trai chairman RS Sharma told reporters that the authority is careful to ensure that there are no regulatory overlaps or conflicts.
Sharma said Trai will finalise, in a month, its views on whether OTT services should be brought under the regulatory ambit.
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