Centre proposes to bring internet calling, messaging apps under telecom licence

The draft bill has included OTT as part of the telecommunication service

Over-the-top players like WhatsApp, Zoom and Google Duo, which provide calling and messaging services, will require licences to operate in the country, according to the draft telecommunication bill 2022.

The Union Government late on Wednesday uploaded the new draft bill, which once made into law is meant to replace the Telegraph Act of 1885, which has so far been the main law regulating telecommunications in the country.

The draft bill also enlarged the definition of telecommunication services. The proposed legislation covers not just conventional phone calls and text messages, but also over-the-top (OTT) applications such as WhatsApp, satellite-based communication services, internet and broadband services, in-flight and maritime connectivity services etc, under its ambit.

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The draft bill proposes that spectrum can be assigned through auction or administrative process, depending on the requirements.

The bill has provisions to waive fees, charges, and penalties of any company if required to protect the interest of consumers or ensure fair competition. The bill also states in case of insolvency, the spectrum assigned to the entity shall revert to government control.

In case of default payment by a licensee of any amount and it has been determined that there exist extraordinary circumstances, including financial stress, consumer interest, maintaining competition in the sector, or reliability and continued supply of telecommunication services etc, the government may defer payment of such amounts, conversion of part or all the amounts payable into shares, write-off of such amounts or relief from payment of such amounts.

The stakeholders can send their comment on the draft till October 20.

The ministry has also proposed a provision for the refund of fees in case a telecom or internet provider surrenders his licence.

The draft bill proposes powers to the government to order internet shutdowns or intercept communications including messages.

The bill proposes to exempt “press messages that are intended to be published in India” of correspondents accredited to the central or state government from interception.

However, the exemption will not be granted in case of any public emergency or in the interest of the public safety, sovereignty, integrity or security of India, friendly relations with foreign states, public order, or to prevent incitement to an offence, according to the draft.