NTP-2018 : Inputs from BIF

1. 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.

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

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

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.

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

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

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

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

10. Thank You Thank you