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Feedback on TRAI CP - Digital Transformation through 5G ecosystem

Sudipto

@Sudipto

December 29, 2023

Public Policy

TRAI issued a Consultation Paper on Digital Transformation through 5G Ecosystem, issued by the Telecom Regulatory Authority of India (TRAI) on 29 September 2023 (CP/5G CP/Consultation Paper).

The Consultation Paper sought to identify the policy challenges and suggest the right framework for faster adoption and effective utilisation of new technologies [such as Internet of Things (IoT), metaverse, Augmented Reality, Virtual Reality (AR/VR)], in order to fully realise the potential of 5G technology. To this extent, it puts forth various questions pertaining to regulatory measures required for the development of such new technologies.

Our feedback addressed two broad themes – (i) regulatory considerations for 5G & IoT; and (ii) regulatory considerations for the metaverse, including content moderation and regulation of intellectual property in the metaverse.

Please see the attachment for our detailed submission. Some of our main recommendations are as follows:

REGULATION CONSIDERATIONS for 5G & IoT

The government should ensure that Indian Industry has sufficient representative participation in global standard making bodies.
Through public private partnership we should develop and implement 5G use cases.
Involvement of local government bodies, schools and other community organizations, and relevant government agencies to spread awareness of 5G and its use-cases.
Prepare in consultation with the industry a roadmap for a sunset date for 2G and 3G networks to give greater impetus to developing ecosystem to 5G use cases.
There is a further need to smoothen the approval processes and reduce the fees with regards to ROW, permissions for use of street furniture for small cell and aerial fibre deployment etc. We will be pleased to work with the industry and the TRAI to identify specific details.
EMF radiation norms should be aligned with ICINRP limits to improve the quality of services.
Effectiveness of the DPDP Act in addressing IoT-related concerns will depend on delegated legislation and the operational practices initiated by the Data Protection Board, which is yet to be released. Therefore, any evaluation with respect to whether the DPDP Act adequately covers and mitigates issues pertinent to IoT device security must be done at a later stage once such delegated legislations have come into force and the jurisprudence on privacy law in India has developed.
Any risks pertaining to IoT first be measured against the existing regulatory measures and frameworks.
Any additional risks not already covered may be explored on a case-to-case basis through a multi-stakeholder approach. This will avoid overlapping and excessively onerous regulatory frameworks, which may result in stifling innovation.
Further, establishing voluntary industry-specific standards and guidelines outlining best practices will ensure a more uniform and consistent approach in handling liability concerns.

REGULATORY CONSIDERATIONS FOR METAVERSE

Based on the feedback received from industry, we have not found gaps or specific concerns in the existing laws with respect to regulation of the metaverse. There are existing laws, like, information technology, cybersecurity, consumer protection and payment laws along with self-regulatory codes which are applicable to metaverse.
Therefore, at this juncture, when the metaverse is in the early stages of development, the regulatory focus should ideally be on reviewing the applicability and effectiveness of existing and upcoming legislations in the metaverse context.
Further, the proposed Digital India Act is likely to play a key role in addressing these risks and considerations in regulating the Indian technology landscape. Should there be any gaps between current regulations and challenges emerging in the metaverse, the government can consider addressing them in the proposed law.

For any queries related to the submission, please write to sudipto@nasscom.in with a copy to policy@nasscom.in.

5g trai metaverse iot

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Sudipto