The Department of Telecommunications (DoT) has announced it will not regulate over-the-top (OTT) communication apps such as WhatsApp and Telegram. This decision comes despite calls from telecom operators for regulation under the same-service, same-rule principle.

According to the Economic Times report, DoT officials clarified that the new Telecommunications Act does not apply to these apps. The definition of telecommunications under the Act does not encompass OTT services.

This statement comes in response to requests from telecom operators who have been advocating for regulatory parity between communication apps and traditional telecom services.

Clarifications from Officials

An official from the DoT explained, ?The definition of telecommunication under the new Act is complex and open to various interpretations. We expect clarity once all regulations under the Act are fully established.? The official further noted, ?Currently, there are no plans to regulate OTT service providers.?

The Telecommunications Act, 2023 outlines ?telecommunication' as the transmission, emission, or reception of messages via wire, radio, optical, or other electromagnetic systems. This definition implies that a switch, separate from the network, must be used for message transmission. However, OTT services use data packets for communication, which are managed by telecom operators. Customers pay for these data packets, and telecom companies handle the transmission.

Future Decisions on OTT Regulation

The official added that while the Act provides a broad definition of telecommunications, its primary focus is on licensed telecom operators. The Ministry of Electronics and IT (Meity) will decide whether OTT apps should fall under the Digital India Act or another piece of legislation.

The Cellular Operators Association of India (COAI), representing private telecom operators, recently argued that OTT communication services should be included under the new Telecom Act as an access service.

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