Feedback on TRAI Consultation Paper on Convergence of Carriage of Broadcasting and Telecommunication Services

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Feedback on TRAI Consultation Paper on Convergence of Carriage of Broadcasting and Telecommunication Services

Sudipto

@Sudipto

April 4, 2023

Public Policy

505

In January 2023, the Telecom Regulatory Authority of India (TRAI) released a Consultation Paper on “Regulating Converged Digital Technologies and Services – Enabling Convergence of Carriage of Broadcasting and Telecommunication services”” soliciting feedback from the public on the draft. On April 3, 2023, nasscom submitted the feedback on the Consultation Paper.

It its feedback, nasscom submitted that the current legislative framework where carriage and content are regulated under two different legislations, is working efficiently and requires no intervention.

The CP has listed several problem statements without providing sufficient reasons or evidence to substantiate the above hypothesis, like specific harms or market failure caused by the extant framework. Neither the CP lists the possible benefits of a converged ecosystem. The CP discusses about bundling of services and integrated delivery; however, these do not change the nature of services and networks for them remain distinct.

The inclusion of converging content regulation goes beyond the scope of DoT's reference letter to TRAI on the subject matter. The approach taken in the CP is also not aligned with TRAI's own recommendations in 2006, which recommended that the regulation of carriage and content should be separated, as the skill sets required for the two are significantly different. The Ministry of Information and Broadcasting (MIB) adopted a similar view in its response to the DoT and TRAI on the issue in its letter dated 4 October 2022, which echoes the TRAI’s 2006 recommendations.

The inclusion of all internet-based services within the ambit of telecom services does not:

(i) acknowledge the natural progression of the technological changes in the internet domain; or (ii) recognise the technical distinction between the ‘application’ and 'network' layer.

Further, we referred to our past submission on the Draft Indian Telecommunications Bill, 2022 to state that it is well-recognised, in existing policy, that different ‘layers’ of the Internet are construed separately and constituting different markets for physical infrastructure, networks, applications, and content. Given this distinction, digital services require specialised legislation like the IT Act, 2000 (which is currently being revamped to the proposed Digital India Act) and a separate regulatory framework distinct from the regulatory principles that govern and regulate telecommunication services.

Summary of recommendations:

There is no need of a converged code or regulator. The current frameworks for telecommunications and broadcasting are working efficiently.

Regulation of carriage and content should continue to be separate, as the skill sets required for the two are significantly different. Content should not be regulated as part of the convergence framework, if any.

A coordination mechanism should be established where all institutions/ bodies collaborate for introducing standards, testing and certification.

Licensing regime should be designed (a) using an activity-led and risk-based approach (b) that ensures obligations on an activity are proportionate to the harms and risks associated with it (c) whilst keeping in mind the need to avoid regulatory overlaps.

Internet-based services must be distinguished from telecommunication services. They should not be covered under telecom licenses as they are already governed under the Information Technology Act for their relevant obligations like Law Enforcement Authority assistance (curbing fake news & security risks) or consumer protection.

Cloud service providers (CSPs) should be regulated by the Ministry of Electronics and Information Technology. CSPs in India should not be subject to regulation by the DoT or the TRAI, directly or indirectly.

Please see the attachment for our detailed submission and recommendations. For more details, please write to Sudipto Banerjee at: sudipto@nasscom.in and Vertika Misra at: vertika@nasscom.in with a copy to policy@nasscom.in.

Convergence Telecommunications broadcasting

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Sudipto