In this report, we outline what industry bodies COAI and IIMA-Idea TCOE said about TRAI’s public consultation on the regulation of OTT services. OTT Service Providers are abbreviated to only OTTs in the report. Some of these points have been edited and paraphrased. Read what telcos, Indian internet companies and streaming services said. Question 1: Which service(s) when provided by the OTT service provider(s) should be regarded as the same or similar to service(s) being provided by the TSPs. Please list all such OTT services with descriptions comparing it with services being provided by TSPs. COAI: (Combined Answer For Q1 And Q2) In this context, it is important to have in place a definition of Electronic Communication Services (ECS) which is future proof and lays the correct foundation that determines which services are regulated under the ECN/S Framework. ECS can substitute telecommunications services like VOIP and messaging (text, audio and video) We suggest that TRAI may adopt the definition as suggested by E.U. i.e. “interpersonal communication services' meaning a service that allows direct interactive interpersonal exchange of information via an electronic communications network between a finite number of people, where the persons initiating/participating in the interaction determine its recipients”. EU’s test be applied to determine whether the functionality forms a substantial or ancillary part of the service/platform. Substitutability of a service should be one of the primary and important criteria for comparison of regulatory or licensing norms applicable to TSPs and OTT service providers. IIM-A Idea TCOE The COAI has stated that TSPs lose around…
