Trai says WhatsApp can be regulated

After putting it on the back-burner for the last three years, the Telecom Regulatory Authority of India (Trai) on Monday finally came out with a consultation paper examining whether over-the-top players (OTT) like WhatsApp can be brought under licensing and regulation. In a belated move, the regulator has indicated that services like calling, messaging, etc, by WhatsApp, which are similar to the services provided by the telecom operators, can be brought under licensing and regulation. Trai proposed while inviting comments from stakeholders that these licensing and regulatory rules can be either same as what applies to telcos or may be redefined.

If services like calling and messaging come under regulation, WhatsApp and Facebook Messenger will come under the purview. Trai has suggested that websites, broadcasting, content, web hosting, gaming and unidirectional services like Twitter be kept out of any

such regulation and licensing framework.

such regulation and licensing framework.

If the Trai had recommended regulatory and licensing measures way back in 2015 when it had first come out with a comprehensive consultation paper on the subject, issues like data privacy, local storage, security, etc, would have been settled by now.

Instead, the regulator went about the whole issue in a piecemeal manner — first prohibiting discriminatory tariffs, then clarifying where all free data can be provided, followed by its recommendations on net neutrality. In its Monday paper, it has said that its regulations/recommendations on the earlier topics won’t be revisited.

Telcos have been battling since 2015 when Trai in its first consultation paper on OTTs had said that since OTTs like WhatsApp provide services like calls, they should also be brought under the same rules which applies to them. However, since by now even telcos offer free voice services, it now needs to be seen that whether any regulation governing WhatsApp, etc, makes sense.

Cellular Operators’ Association of India (COAI) director-general Rajan Mathews said the industry body is in the process of examining the consultation paper and will come out with its detailed response in a few days after the members discuss its nuances. He added that COAI, which has been flagging the absence of level-playing field between OTTs and telecom operators, hopes that the Trai paper now would lead to equitable solution in terms of same service, same rules as is being demanded by the telecom players.

Trai has asked the industry to give its views on various issues raised in the consultation paper by December 10 and counter comments by December 24.