Over-the-Top (OTT) Services—Should They Be Regulated Much like Telecom Services?

Abstract

Over-the-top (OTT) services as they are called are communication and broadcasting services rendered over the Internet. In recent times, OTT services have become ubiquitous thanks to the underlying broadband services provided by the telecom and Internet service providers . However, OTT services sometimes complement and other times substitute the traditional telecom and broadcasting services offered by the incumbent licensed operators. These OTT services offered over the ubiquitous Internet are challenging to the regulators as the underlying technology continues to evolve at much faster pace. While telcos lobby for the regulation of OTT services on grounds of level playing field, the OTT service providers resist as their service is innovative and in the spirits of the free Internet. In this chapter, we try to address the following questions with reference to OTT services:

• Should OTT services be regulated?

• Should there be level playing field between telecom operators/broadcasting service providers and OTT service providers?

About 5–6 years ago, telecom was essentially voice, today it has become massive data pipes. India is today consuming and transporting data which is more than US and China networks combined. The per capita data consumption is the highest in the world and overall quantum is the highest. Therefore, it raises the issue of storage, transmission, treatment and security of that data, we had to examine these very important elements and the framework around it.

—Shri R. S. Sharma, Chairman, TRAI.*

*Available at: https://economictimes.indiatimes.com/industry/telecom/telecom-policy/new-paper-on-whether-to-regulate-apps-in-the-works-says-trai-chairman-rs-sharma/articleshow/65030047.cms accessed on 23 Jan 2019.