1. Presentation on Legislative Framework & Licensing
NTP 2018: Inputs from BIF
Presentation on Legislative Framework & Licensing
Meeting 1 ( Oct 30th )
NTP-2018 : Inputs from BIF
Presentation On
Legislative Framework & Licensing Meeting 1 ( 30th October )

2. Key Message
Usher in a regulatory environment to speed up universal broadband internet access in India and to enable its citizens to access technologies, applications and services of their choice in an open competitive market.
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3. Key Statements
The telecom sector in India is at a stage where market competition would be more effective than regulation to drive growth, penetration, innovation and introduction of new services
Removing unnecessary regulatory restrictions will enable the sector to achieve greater heights in a competitive market and promote consumer interest
Network, Service and Applications Layers are inherently different and cannot be equated
Existing legislative framework -Indian Telegraph Act, Information Technology Act and TRAI Act is broadly adequate and needs only minor changes
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4. Recommendations: Barriers to Growth
Systematically, identify and remove current regulatory and licensing provisions that impede the creation and deployment of public broadband networks
Systematically, identify and remove current regulatory and licensing provisions that impede the use of public broadband networks
In general, move from ex ante to ex post regulation, as necessary, to prevent or stop imminent threat to public interest or markets
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5. Recommendations: Licensing
Recognize that Indian Telegraph Act allows complete flexibility for choosing specific types of regulation / licensing no licensing at all.
Limit requirement of individual “licenses” or upfront levies to exceptional cases, when accompanied with exclusive rights such as access to spectrum.
Reduce the regulatory burden on the telecom service providers by removing non-essential regulations and upfront levies
Declare a common sunset date and align all existing licenses to make pro-rata payments or credits on LF and spectrum one-time fees as also create licenses in perpetuity.
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6. Recommendations: Next Generation Technologies
Build on the success of open markets in next generation applications & services including new technology based services viz. M2M, IoT, ASI, Cloud, etc.
Recognize the potential of next generation technologies to generate revenues for players as well as the economy
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7. Recommendations: Internet Based Services
Recognize the role of OTT services to a vibrant broadband ecosystem
BIF-ICRIER study estimated a 10% increase in the use of the Internet and the associated applications & services, results in a 3.3 % increase in the GDP.
Recognize that OTT are innovative apps do not provide but use the network layer.
Recognize that telecom operators provide the network layer and are governed by the Indian Telegraph Act, 1885
Recognize OTT services are part of the internet and subject to Information Technology Act 2000
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8. Recommendations: Legislative Framework
Continue use of existing legislation including
Indian Telegraph Act, 1885 – for network providers
Telecom Regulatory Authority of India Act 1997 – for licensed services
Information Technology Act 2000 – for Internet and OTT services
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9. Key Recommendations – TRAI and TDSAT
Remove the fragmentation of the Jurisdiction of TDSAT.
Allow challenges to regulation in TDSAT, instead of High Court, to reduce risks of delays and forum shopping
Strengthen TRAI and TDSAT by allowing greater flexibility in hiring and talent
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10. Thank You
Thank you
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