“This idea of a single ‘converged’ framework to deal with all sorts of communications, whatever the medium, has discovered favour in few markets,” reads the Submission by the Asia Video Trade Affiliation (AVIA) to the Telecom Regulatory Authority of India (TRAI).

The submission offers with the query raised by India’s telecom regulator in its session paper looking for to handle the problem of regulating digital applied sciences with a particular give attention to enabling convergence of carriage of broadcasting and telecommunication Providers.

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What’s AVIA: It’s the commerce affiliation for the video business and ecosystem within the Asia-Pacific area. It consists of members like Netflix, Amazon, Disney+Hotstar, BBC Studios, Warner Bros. Discovery, Sony Photos Tv, and Zee TV, amongst others.

“Convergence…would require overhauling the authorized, regulatory, licensing, administrative and institutional setup for each telecommunication and broadcasting providers. This might doubtlessly disrupt the present equilibrium and should even severely affect the expansion of the telecommunication and broadcasting sectors…,” the submission warned.

Why it issues: AVIA’s feedback are necessary because the physique represents the pursuits of the broadcasting business, together with that of main OTT gamers. It will likely be fascinating to see if the business believes that the present framework for content material regulation is patchy and insufficient as identified by TRAI.

Key highlights from the submission

Bundling doesn’t result in convergence: “You will need to observe that bundling of various providers (like TV, broadband and voice) into one providing doesn’t imply that these providers have converged,” the AVIA said, including that bundling allows a service supplier to supply a number of providers in a single place. It clarified that the networks for broadcasting and telecommunication providers stay distinct despite bundling.

Are telecommunications and digital web providers the identical? The affiliation disagreed with TRAI’s view that each one providers made out there by the web needs to be ruled in the identical means as a telecommunications service supplier. “It fails to take note of the truth that the elemental nature of the service doesn’t change merely as a result of the technique of distribution does,” the submission defined.

• It famous {that a} SVOD (subscription video on demand) service is a video content material service whether or not it’s delivered by the web or another means.
• The submission said that digital providers are constructed on high of telecommunication providers and are characterised by hyper-competition and low entry obstacles.

Is there a necessity for converged regulation: The submission stated that it could be tough to attain a single, converged regulator in India. It added that it could be difficult as a result of “ability units, information bases and societal sensibilities are usually not the identical”. It buttressed its argument with the next causes—

• Require specialised laws: “Digital providers require specialised laws just like the Data Expertise Act, 2000 and a separate regulatory framework distinct from the regulatory ideas that govern and regulate telecommunication providers,” reads the AVIA’s submission. “We’d additionally wish to take this chance to spotlight that content material regulation may be very totally different from carriage regulation,” the submission added.
• Present frameworks are ample: “We don’t imagine that these conclusive statements in regards to the regulatory framework for content material throughout totally different platforms replicate the evolving actuality of the content material regulation frameworks in India,” the affiliation stated. It added that these remarks “disregard institutional learnings” from our bodies such because the Ministry of Data and Broadcasting (MIB), the Information Broadcasting Requirements Authority (NBSA), and the Digital Writer Content material Grievances Council (DPCGC), amongst others.
• Can’t take away self-regulatory our bodies: “Eradicating the position of the impartial self-regulatory framework can have a vastly damaging affect on the preservation of impartial media and the voicing of minority views,” reads the submission, including that an impartial self-regulatory framework is essential.
• Inconvenience to customers: The submission cautioned that buyers can face points like those listed under—
  • Limitation of selection as providers develop into extra bundled and thus restricted;
  • Lack of pricing transparency;
  • Downgraded service high quality;
  • Considerations round knowledge privateness as corporations have elevated entry to details about shopper utilization patterns and preferences.

Go for cooperation: “…we might advocate for larger cooperation throughout regulators, together with harmonisation of laws, fairly than extra laws or a converged regulator,” AVIA beneficial. It argued that the session has not proven any want for extra laws, or that there’s something to be mounted within the present frameworks.

• It identified that the paper doesn’t present “enough knowledge to conclude that carriage of broadcasting providers and telecommunication providers have converged and are the identical neither is there any clear knowledge to show that the market has failed”.
• The submission additionally famous: “…it’s obvious that the current train is merely based mostly on ‘market failure considerations’ and isn’t backed by any knowledge evidencing any precise market failure.”

Overview of TRAI’s convergence paper: The paper seeks to reply a key query in web regulation on whether or not there needs to be a single regulation and a single regulator, particularly for content material and carriage. The end result of this session course of is prone to affect what occurs with the Indian Telecom Invoice, 2022.

• The paper flags points like requirements and technical license circumstances as necessary areas from a coverage perspective which incorporates “security, interoperability and high quality of service”.
• The telecom regulator explores the concept of a converged regulation and regulator, licensing/permission-based regulation for offering on-line providers, amongst different issues.
• The paper additionally suggests a shift within the regulator from its personal place of unbundling, and a separation of content material from carriage.

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