The ITU-APT Foundation of India (IAFI) has sought the exclusion of over-the-top (OTT) players and a separate licence category with a fee waiver for rural telephony and easy spectrum approvals without auction to space broadband players in the telecom law. 

According to IAFI, OTT communication services including information services should be kept out of the purview in the upcoming telecom law as provided in Section 3 of the Act. Section 3(2) allows the government to exercise rights under the public interest to exempt the requirement for licences wherever it is necessary. However, the telecom service providers (TSPs) have been stressing the need to bring OTT players under regulatory ambit, citing same-service-same-rules. 

In a letter to Ashwini Vaishnaw, Union Minister of Communications, Electronics and Information Technology and Railways, IAFI said that the new unified law would promote exports, innovation and research and development (R&D) in the country. It said that a separate category of local TSPs should be introduced and rural telecom operators with no licence fee to encourage rural entrepreneurs. 

Further, IAFI added that more focus should be given to delicensing and easy spectrum approvals. Easy licensing of spectrum for satellite services and captive or non-public networks without any auctions and full exemption and delicensing of spectrum needed for R&D, innovations and hardware/software design. 

IAFI also said that the role and powers of the Telecom Regulatory Authority of India (TRAI) and Telecom Disputes Settlement and Appellate Tribunal (TDSAT) should not be amended through the bill. Any changes in those should be considered separately and after detailed consultations only.