Telecom Operators Demand Licensing for Apps Like WhatsApp, Signal

Telecom operators have urged the Telecom Regulatory Authority of India (Trai) to include over-the-top (OTT) apps like WhatsApp, Signal, and Telegram under the new Telecommunication Act's licensing regime. Reliance Jio, Bharti Airtel, Vodafone Idea, and the industry body COAI made this demand in their comments on Trai's consultation paper regarding service authorisations under the Telecommunications Act, 2023.

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Inclusion of OTT Communication Services

According to COAI, OTT communication services fall under the new Telecom Act as an access service. Reliance Jio highlighted that the definition of telecommunication services in the 2023 Act encompasses all forms of communication services, including those provided over the top using public internet platforms. "In order to ensure the same rules for the same or similar services, it is important to bring such Over the Top OTT communication service providers under Access Services authorisation," Reliance Jio stated.

Broad Definition of Telecommunications

Bharti Airtel pointed out that the Telecom Act broadly defines telecommunications to include any form of communication sent through telecommunication means. This broad definition allows for the inclusion and regulation of OTT communication services under the Act. Airtel noted that while traditional telecom services are subject to monitoring by law enforcement agencies, OTT communications remain unmonitored, posing challenges for law enforcement and crime prevention.

Security and Privacy Concerns

Airtel emphasised that there are stringent checks on customer data handled by telecom operators, but this is not true for OTT communication services. The risk is heightened because many OTT servers are located outside India. Therefore, Airtel argued for horizontal application of security, privacy, and consumer protection measures across all interpersonal and business communication.

Monitoring and Cybersecurity

An authorisation regime would enable the government to monitor and analyse traffic data from OTT services. This oversight could be crucial for identifying and mitigating potential cybersecurity threats. According to Airtel, such regulation would ensure compliance with national security and public safety requirements.

Consumer Protection

Vodafone Idea noted that OTT services have seen explosive growth globally. Bringing them under a regulatory framework could help protect consumers by setting minimum quality standards for applications, ensuring data privacy and security, and providing a clear mechanism for consumer grievance redressal.

The telecom operators' unified stance highlights the need for regulatory parity between traditional telecom services and OTT communication services. They argue that this would ensure fair competition and enhance consumer protection in an increasingly digital world.