Global tech giants are resisting India's telecom sector's efforts to impose stricter regulations on internet services, arguing that such measures are unnecessary and could harm the digital ecosystem. As reported by TechCrunch, the Asia Internet Coalition (AIC), which includes major players like Amazon, Apple, Google, Meta, Microsoft, Netflix, and Spotify, has voiced its opposition to including over-the-top (OTT) services in the proposed regulatory framework for telecom operators. In a submission to the Telecom Regulatory Authority of India (TRAI), the AIC emphasised the differences between OTT services and traditional telecom operations.


OTT services, which operate on the application layer, differ fundamentally from telecom service providers (TSPs), which operate on the network layer. Unlike TSPs, OTT providers do not manage spectrum allocation, numbering resources, or interconnection with public networks. The AIC argued that OTT communication services, which offer features like group chats and in-app content sharing, are not direct substitutes for traditional telecom services.


Violation Of Net Neutrality


The coalition warned that regulating internet services under the new framework could violate net neutrality principles and adversely affect consumers. They stressed that OTT services are already subject to several regulations under the IT Act, including those related to content monitoring and user grievance handling.


This pushback comes in response to demands from India's leading telecom companies — Bharti Airtel, Reliance Jio, and Vodafone Idea — that OTT providers be brought under a new regulatory framework. These telecom operators, who have invested heavily in 5G technology, argue that OTT services should contribute to network development costs based on their usage and revenue.


Regulatory Changes To Improve Financial Margin


Reliance Jio, which has over 475 million subscribers, along with other telecom companies, has expressed concerns about low average revenue per user (ARPU), which currently stands at around $2 per month. They seek regulatory changes to improve their financial margins.


The AIC rejected the notion that OTT services are "free-riding" on telecom infrastructure. Jeff Paine, managing director of AIC, pointed out that OTT platforms have driven increased data consumption, which in turn has benefited telecom operators.


The AIC also highlighted that regulating OTT services under the Telecommunications Act of 2023 would extend beyond the Act's intended scope. The coalition referenced statements from India’s telecom minister, Ashwini Vaishnaw, who clarified that OTT services are regulated by the IT Act of 2000 and are not covered by the new telecom bill.


This debate in India mirrors similar regulatory discussions in other regions, including South Korea and Europe, where network operators are also seeking contributions from large technology companies.