New Delhi – November 10, 2022 – BSA | The Software Alliance submitted its comments to the Department of Telecommunications (DoT) on the Indian Telecommunications Bill, 2022. BSA appreciates the Government of India's objective of overhauling the Indian telecommunication sector's legal framework to foster growth and provide regulatory flexibility in the advancing digital ecosystem.

Although BSA shares DoT's goals of promoting innovation in the telecom sector, the bill in its current form has several provisions that do not advance this objective. Instead, overboard directives, including an extended definition of "telecommunication services" and uncommon licensing requirements for IT and digital services and products, will pose a substantial risk for enterprise and business-to-business service providers and India's nascent start-up ecosystem. 

"BSA acknowledges DoT’s efforts to revamp the regulatory approach in the telecommunications sector to ensure that India continues to facilitate growth in new technologies and innovation. However, BSA is concerned that the expansive scope of the bill could have unintended consequences. We urge DoT to narrow the definition of "telecommunication service" and exclude OTT communications services, video and data communication services, and Internet-based communications services from the bill. Contrarily, failing to do so will impede the efforts to further grow India's telecommunication sector given the evolving digital landscape," said Venkatesh Krishnamoorthy, Country Manager – India, BSA | The Software Alliance. "The misalignment of the proposed provisions with global practices could result in disproportionate and unintended consequences, impacting India's economic opportunities."  

BSA looks forward to continuing its work with the Government of India and contributing to DoT's efforts to provide adequate safeguards for citizens and promote India's digital ecosystem.