1. Proposed Framework For Regulation Of OTT Services

Concerned that internet-based communication tools sidestep compliance with traditional telecom laws, India’s nodal telecom authority, the Telecom Regulatory Authority of India (“TRAI”) has been exploring mechanisms to examine regulatory frameworks and licensing structures for internet-based communication tools, including VoIP tools. A public consultation process was undertaken by the TRAI, and we expect further guidance soon. Read our comments in connection with the consultation process here.

2. Telecom Service Providers To Use AI/ML To Curb Smishing Attacks

The TRAI has directed telecom service providers to utilise artificial intelligence tools to detect new patterns, techniques, calls to action, and signatures in phone calls and text messages used by smishing attackers. These tools must analyse the reputations of senders, based on factors such as the duration of use of a telecom service provider’s network, verification mechanisms, and calling patterns. Telecom service providers are required to share information from detection systems with other telecom service providers, law enforcement authorities, and government bodies. 

3. Proposed Framework To Leverage Artificial Intelligence And Big Data In Telecom 

TRAI has recommended the use of artificial intelligence and big data in the telecom sector. The suggested regulatory framework includes the establishment of an independent statutory authority called the ‘Artificial Intelligence and Data Authority of India’ to ensure the responsible use of artificial intelligence, creation of a regulatory sandbox for testing artificial intelligence solutions to curb spam, and adopting artificial intelligence tools in the telecom sector to verify mobile subscribers, detect security threats, and redress customer grievances, among other use cases. 

4. Proposed Framework To Bolster Digital Transformation Through 5G Inclusion

TRAI has recently set its sights on identifying policy challenges to the effective utilisation of 5G technology. The regulator acknowledged the potential of emerging technologies such as IOT, AI, AR/VR/MR, and the metaverse to boost India’s digital economy, and to this end, has sought stakeholder views on the development and deployment of 5G technologies, 5G use cases, infrastructure requirements, regulatory model, security and privacy issues, and international best practices. 

5. Telecom Tribunal Holds The Regulation Of OTTs To Be Outside Telecom Law

TRAI is empowered to regulate telecommunication services including broadcasting and cable services. However, the definition does not explicitly extend to OTT platforms. The Indian telecom tribunal recently held that OTT platforms do not, prima facie, fall under the purview of the TRAI, and therefore, telecom law.This ruling lends credence to concerns raised by industry players, who have argued that the Ministry of Electronics and Information Technology, and not TRAI, is the only Indian regulator that has the authority to regulate OTTs by virtue of the powers granted to it under India’s information technology law.