Lok Sabha Question No. 1651 (UNSTARRED), answered on 2015-12-09
Subject: Regulation of OTT and VOIP Services
Ministry: COMMUNICATIONS AND INFORMATION TECHNOLOGY
Asked by: G. HARI, PONNUSAMY VENUGOPAL, A. ARUNMOZHITHEVAN

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA UNSTARRED QUESTION NO.1651 TO BE ANSWERED ON 9 th  DECEMBER, 2015

## REGULATION OF OTT AND VOIP SERVICES

1651.  SHRI G. HARI:

DR. P. VENUGOPAL:

SHRI A. ARUNMOZHITHEVAN:

Will  the  Minister  of  COMMUNICATIONS  AND  INFORMATION  TECHNOLOGY be pleased to state:

- (a) whether the Department of Telecom's Committee set up after the debate on net neutrality has submitted its report to the Government;
- (b) if  so,  the  details  and major recommendation of the Committee on allowing and regulating Over-the-Top (OTT) app and Voice Over Internet Protocol (VOIP) services;
- (c) whether the stakeholders particularly that telecom services providers have raised their concern on the recommendations as it has a bearing on their revenue;
- (d) if so, the details thereof and the reaction of the Government thereto; and
- (e) the measures taken by the Government to protect the interest of the stakeholders/customers  and  to  protect  the  privacy  of  individual  and  security  of  the nation?

## ANSWER

## THE MINISTER OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) Yes Madam;
- (b) Department of Telecommunication (DoT) Committee on Net Neutrality has given its recommendation relating to regulation of Over-the-top(OTT) application and Voice over Internet  Protocol  (VoIP)  services  as  outlined  in  chapter-8,  clause  8.11  of  its  report.

Major points regarding the same are as below-

(i) OTT  application services should be actively encouraged and any impediments in its expansion and growth should be removed.

(ii) Specific OTT communication services dealing with messaging should not be interfered with through regulatory instruments.

(iii) In  case  of  VoIP  OTT  communication  services,  there  exists  a  regulatory arbitrage wherein such services also bypass the existing licensing and regulatory regime creating a non-level playing field.

(iv) The existence of a pricing arbitrage in VoIP OTT communication services requires a graduated and calibrated public policy response. In case of OTT VoIP international  calling  services,  a  liberal  approach  may be adopted. However, in case  of  domestic  calls  (local  and  national),  communication  services  by  TSPs and  OTT  communication  services  may  be  treated  similarly  from  a  regulatory angle for the present.

(c) & (d) Government has placed report of the committee in public domain (MyGov portal and Department of Telecommunications website) for comments and suggestions. Stakeholders,  including  Industry  bodies  having  representation  from  Telecom  Service Providers  have  submitted  their  suggestion  on  the  recommendations  and  its  likely implication.  Government  is  treating  all  the  suggestions  as  inputs  towards  policy formulation on Net Neutrality.

(e) Government  stands  for  ensuring  non  discriminatory  access  to  Internet  for  all citizens  of  the  country.  Section  43,  Section  43A  and  Section  72A  of  the  Information Technology Act, 2000 provides a legal framework for privacy and Security of data in digital form. Telecom Service Licensee's under terms and conditions for the licenses are inter-alia mandated to protect the interest of the stakeholders/ customers and privacy of the  individual.  Further  to  protect  the  security  of  the  nation  ,  some  security  conditions have been incorporated in their license terms and conditions.  DoT Committee on Net Neutrality  has  recommended  inter-ministerial  consultations  to  work  out  measures  to ensure compliance of security related requirements from OTT service providers.

After Telecom Regulatory Authority of India (TRAI) recommendations Government will take a final view on the whole issue.

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