Telecoms Licence: Internet firms seek government’s clarity on app services

*Food-delivery, ride-hailing gaming firms that offer communication services within their apps are seeking clarity from the Indian Government, over concerns that the new telecoms bill could compel them to apply for a telecoms licence for operations

Gbenga Kayode | ConsumerConnect

Concerned about a new  bill that could compel them to apply for a telecoms licence as well, food-delivery and ride-hailing gaming firms that offer communication services within their apps are seeking clarity from the Indian Government.

ConsumerConnect learnt the policy experts recently expressed worry about the upcoming telecoms bill that expands the country’s regulator’s jurisdiction to include apps already governed by the Information Technology (IT) Act and IT Rules, such as WhatsApp and Signal.

Now, food-delivery, ride-hailing gaming firms that offer communication services within their apps are seeking clarity from the government, as they are worried that the new bill could force them to apply for a telecoms licence to continue operations, ET report said.

Subsequently, a slew of consumer Internet companies, including food delivery platforms, cab aggregators, and some gaming platforms are petitioning the government to clarify certain proposals in the upcoming telecoms bill.

The companies reportedly said the fresh bill appeared to club them with communications service providers, multiple, report stated.

They are seeking a clearer definition of “communication” and “over-the-top” (OTP) service providers in the new rules, the sources said.

Firms’ concerns and public consultation

Meanwhile, these businesses are concerned that the upcoming regulation – currently open for public consultation – has expanded the definition of OTT to include not just instant messaging apps such as WhatsApp, Signal, Telegram but also all other electronic mail, voice mail, voice, video and data communication services.

Consequently, consumer Internet companies that offer chat, or other communication services within their apps for customer care support or dialogue between users could also be required to apply for a telecoms licence, said the people cited above.

Following the development, several consumer Internet companies recently met officials from the Indian Ministry of Electronics and Information Technology (MeitY), seeking more clarity on the issue.

While the IT ministry assured them that the definition of OTT, or communication service provider would not apply to them, some executives disclosed the government ministry as well asked them to present their case before the Department of Telecom (DoT), some executives.

The draft telecoms Bill falls under the purview of the DoT, report stated.

Meanwhile, privacy experts are said to have stated that OTT and digital communication platforms, which are currently regulated under the IT Act have sufficient safeguards to ensure they function correctly in the country.