Draft Telecom Bill: A move that turns the clock back
- Govt. recently introduced the draft Indian Telecommunication Bill, which reshapes the digital architecture while creating possibilities for the start-up ecosystem.
- Brings together telecom operators (providers of physical infrastructure), OTT service providers and internet-based communication systems.
Need of the new law
- Archaic and outdated laws
- A trust-based system required having clearly defined and demarcated areas.
- Would help in improving the ease of doing business in the digital ecosystem, promoting innovation, and incentivising investments
| Progressive Shifts in the new law | Regressive shifts |
|---|---|
| * Only regulates the hard infrastructure/network layer, the essence of telecommunications, and not the software layer. | * “License-centric” regime will be setting the clock back to ‘License-Raj' era. |
| * Only seeks to consolidate and amend the laws governing TSPs. | * Could also trigger turf wars between the DoT and MeitY and the DoT and TRAI as the lines of jurisdiction have been blurred. |
| * Extends the boundaries with an all-encompassing definition of telecommunications services to include OTTs. | * Merger of OTT and TSP service providers under one regulatory regime could offend the doctrine of equality (Art. 14). |
What should the Govt do
- Considering the implications of this framework, the government should reexamine these contentious issues and correct them.
- A legal architecture based on the concept of “one sector one regulator” can help provide clarity to stakeholders and facilitate the growth of the digital economy.