Telecommunication Services
What is a Telecommunications Service
● Any service used for communicating using electromagnetic energy
● In law, this term is used to define the scope of activities that can be carried out by someone holding a telecom license
● There are debates about how to distinguish this definition from a broadcasting, cable TV, or OTT service
Official Definition of Term
The term telecommunications service is defined in the Telecommunications Act of 1996 as “the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.”
- Term as defined in legislation
● Section 2(t), the Telecommunications Act, 2023 states "telecommunication service" means any service for telecommunication.
● Earlier definition in the Telecom Regulatory Authority of India Act
● Section 2 (k) of Trai Act, 1997 "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tax services, radio paging and cellular mobilesigns, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services.
● [Provided that the Central Government may notify other service to be telecommunication service including broadcasting services].
● Section 3 of THE INDIAN TELEGRAPH ACT,1885 states (1) "telegraph" means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.
● Section 110 of Central Goods And Services Tax Act, 2017 states "telecommunication services means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means."
- Term as defined in official government report
● There are various reports which governments released under the shade of telecom services some of the reports are: -
Under the umbrella of TRAI Indian Telecom Services Performance Indicator Report has released their report on quarterly basis.
The complete report was is available on TRAI’S website (www.trai.gov.in) and under the link (http://www.trai.gov.in/release-publication/reports/performance-indicators-reports).
● On December 1, 2021, the Standing Committee on Communications and Information Technology (Chairman: Dr. Shashi Tharoor) released its report on 'Suspension of Telecom Services/Internet and its Impact. Currently, the Temporary Suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017, established under the Indian Telegraph Act of 1885, regulate telecom service suspensions (including internet shutdowns). The 2017 Rules provide for the temporary closure of telecom services in an area due to a public emergency (for up to 15 days at a time). The 1885 Act authorizes the federal government to regulate and license many forms of telecom services, including internet services.
● Furthermore, the Department of Telecommunicationsprovides access services such as Public Mobile Radio Trunk Service, International Long Distance Telephone Services, Cellular Mobile Telephone Service, and Global Mobile Personal Communication via Satellite Service.
● Moreover. Ministry of Electronics and Information Technology (MeitY) has also released its annual reports on Telecom Services which was provided by the government.
● The Telecom Commission, which reports to the Department of Telecommunications, is responsible for developing telecom policies and plans. Their website may provide reports on policy choices and strategic initiatives.
Term as defined in "case law"
● In the case of Union of India V. Association of Unified Telecom Services
● Section 2(e) of the TRAI Act quoted above defines “licensee” to mean any person licensed under subsection (1) of Section 4 of the Telegraph Act for providing specified public telecommunication services and Section 2(ea) defines “licensor” to mean the Central Government or the telegraph authority who grants a license under Section 4 of the Telegraph Act. Subsection 2(k) defines “telecommunication service” very widely so as to include all kinds of telecommunication activities. These provisions under the TRAI Act do not affect the exclusive privilege of the Central Government to carry on telecommunication activities nor do they alter the contractual nature of the license granted under the proviso to subsection (1) of Section 4 of the Telegraph Act.
● Telecommunications
● Telecommunications Network
● Telecommunications User
● Telecommunications Equipment
● Telegraph
● ‘Digital Communications’ (from NDCP 2018)
International Experience
How other countries have sought to define, operationalise and collect data regarding the concept.
● International Telecommunication Unit
The International Telecommunication Union (ITU) is a specialized United Nations body in charge of managing worldwide telecommunication networks and services. It establishes international standards, laws, and treaties to guarantee that telecom services operate smoothly throughout the world.
The ITU administers many key treaties, including the International Telecommunication Regulations (ITRs), which govern the provision and operation of international telecom services.
● World Trade Organisation
The WTO handles trade-related issues in telecommunications services through a variety of agreements, notably the General Agreement on Trade in Services (GATS). GATS advocates trade liberalization in the services sector, including telecommunications, through concepts including market access, national treatment, and regulatory openness.
International frameworks
● The European Union (EU) and the African Telecommunications Union (ATU), create legislation and agreements tailored to their individual regions. For example, the EU has rules and regulations that control telecom services inside its member nations.
● Universal service obligations provide essential telecommunication services to all residents, regardless of geography or economic position.
● Internet Governance: International talks on internet governance have an influence on the regulatory framework for telecoms, even if they are primarily concerned with traditional telecom services. Organizations such as the Internet Governance Forum (IGF) enable discussions about internet policy problems among stakeholders from diverse industries and countries.
Domestic laws
● Singapore :-
Telecommunication service” means any service for telecommunications, including the leasing of a telecommunication cable, but excludes any broadcasting service under Section 2.
● US:-
TELECOMMUNICATIONS SERVICE.—The term ‘telecommunications service’ means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.’’
● Australia :-
In Australian technology law, the definition of "telecommunications service" isn't directly provided within a single section of the Telecommunications Act 1997.
Telecommunications Act 1997 (Section 7): This section defines "telecommunications" as "the carriage of communications by means of guided and/or unguided electromagnetic energy"
● Europe:-
Electronic communications services
As defined in the European electronic communications code (Directive (EU) 2018/1972)
Electronic communications services are normally provided for payment via electronic communications networks. This includes – except for services providing, or exercising editorial control over, content transmitted using such networks and services – the following types of services:
Internet access service – a publicly available electronic communications service that provides access to the internet, and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used;
Interpersonal communications service;
services used wholly or mainly for sending signals, such as transmission services used for the provision of machine-to-machine services and for broadcasting.
● South Africa :-
By the substitution for the definition of "telecommunication service" of the following definition: "electronic communications service" means electronic communications service as defined in the Electronic Communications Act.
● Electrnoic communication Act, 2005
‘Electronic communications service’’ means any service provided to the public, sections of the public, the State, or the subscribers to such service, which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services
Way Ahead
Telecom services like cable TV, broadcasting, and the emergence of Over-The-Top (OTT) platforms in India involves a careful balance between regulation, innovation, and consumer interests.
● Updating existing laws and regulations to encompass the rapidly evolving digital landscape is crucial. This includes revisiting outdated laws such as the Cable Television Networks (Regulation) Act and the Information Technology Act to address issues such as content regulation, licensing, and data protection in the context of OTT platforms.
● Implementing a comprehensive regulatory framework that promotes fair competition, protects consumer rights, and ensures a level playing field for all players in the industry is essential.
● Fostering collaboration between traditional broadcasters, telecom operators, and OTT platforms can lead to synergies that benefit both consumers and the industry as a whole.
● The way forward requires a forward-thinking approach that embraces technological advancements while upholding the principles of transparency, accountability, and inclusivity in India's media and telecommunications landscape.
