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A Critical Analysis On "Convergence of Telecommunication Laws in India"

This document discusses a dissertation topic on analyzing the convergence of telecommunication laws in India. It begins by introducing the concept of convergence in telecommunications and how technological developments are driving integration across different media platforms. It then outlines the chapters which will analyze India's telecom reforms, the forms and impacts of convergence, regulatory models in other countries, challenges for regulation in India, analysis of proposed convergence bills, and conclusions and suggestions. The document provides an overview of the key areas and structure that will be covered in a critical analysis of India's efforts to establish a regulatory framework for converged telecommunication services and markets.

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manojkumar
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61 views16 pages

A Critical Analysis On "Convergence of Telecommunication Laws in India"

This document discusses a dissertation topic on analyzing the convergence of telecommunication laws in India. It begins by introducing the concept of convergence in telecommunications and how technological developments are driving integration across different media platforms. It then outlines the chapters which will analyze India's telecom reforms, the forms and impacts of convergence, regulatory models in other countries, challenges for regulation in India, analysis of proposed convergence bills, and conclusions and suggestions. The document provides an overview of the key areas and structure that will be covered in a critical analysis of India's efforts to establish a regulatory framework for converged telecommunication services and markets.

Uploaded by

manojkumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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A Critical analysis on “Convergence of

Telecommunication Laws In India””

*Discussion on Dissertation Topic with supervisor*

Ms. Priyanka Dhar

Assistant Professor of Law


Hidayatullah National Law University, Raipur
INTRODUCTION
– Convergence is happening in a big way. Efficient utilization of resources, increased level of competition, more
innovative user applications and technological developments are the main drivers of convergence.
– Convergence is the combination of all these different media into one operating platform.
– Convergent service include:
– Internet services delivered to TV sets via systems like web Tv.
– Email and World wide web access via digital Tv decoders and mobile phones.
– Web casting of radio and TV programing on the Internet using the Internet for voice telephony.
– Convergence is defined and interpreted in different ways, but a comprehensive definition of convergence has
been given in the ITU Document which states as:
1) Integration of customer end terminal equipment/access devices such as the telephone, television and personal
computer.
2) Provision of various communication services like text, data, image, multimedia and video over the existing
infrastructure or over a single transmission medium.
3) Different services under converged licensing regime.
Chapter I
Evolution and Reforms in Telecommunication Law

– Existing Structure of Telecom Sector (Legal Framework)


– Telecommunications - a “natural monopoly”
• Early 1990s – concept of “natural monopoly” challenged by technological
changes.
• Dismantling of monopolies leading to :
- Competition and Lowering of tariffs
- Better consumer services
• 2000 - 2001 the years of telecom reforms “Golden Era”
– Reform Process – Three Phases
– (a) 1st phase (the Eighties)
– “Mission Better Communication”
– Private manufacturing of customer premise equipment - 1984
– C-DOT for development of indigenous technologies -1984
– STD/ISD PCO franchisees
– Mahanagar Telephone Nigam Limited (MTNL) and Videsh
– Sanchar Nigam Limited (VSNL) established - 1986
– High-powered Telecom Commission (1989)
(b) 2nd phase (the early Nineties)
• New Economic Policy (NEP) -1991
• Telecom equipment manufacturing - delicensed in 1991
• Value-added services opened in 1992
• Radio Paging, Cellular Mobile and Basic Telephony sectors
– opened gradually thereafter
• National Telecom Policy announced in 1994
• Independent statutory Regulator (TRAI) - 1997
• ISPs opened up in 1998
• Major involvement of private sector in telecom growth
(c) 3rd phase (late Nineties onwards)
• New Telecom Policy 1999 (NTP-99)
• Migration from fixed licence fee regime to revenue sharing
• Strengthening of the Regulator
• Opening up of the National Long Distance with unrestricted entry
• Preponement of International Long Distance opening from 2004 to 2002
• Corporatisation of telecom services - formation of BSNL.
 Underlying theme of the reform process :
 To usher in full competition through unrestricted entry in almost all the service sectors.
 Various telecom reforms committed under NTP-99 are almost complete, some ahead of schedule.
 The process of consolidation is on ‘Convergence’
Chapter II
Concept of Convergence
– Defining convergence
– Forms of ICT Convergence (Technological/Network, Economic/Market,
Regulatory and Policy Convergence)
– Need for Convergence of Telecommunication laws.
– Communications and Broadcasting: two different roots.
 A history of regulation in two different channels
– Intersection between Convergence and Competition.
Why Convergence is needed?
– Due to Increased market Competition.
– Emergence of New services and Application.
– Convenience and simplicity.
– Large scale development/changes in the telecom and cable industries are taking place due to
convergence and without a converged regulatory framework any attempts to regulate the
communication/ Broadcast sectors may result in:
– Bottlenecks
– Imperfect Competition
– Unfair Advantage of Technologies (Different FDI Limits for Diff Sectors)
– Disputes/ Opportunities for arbitrage.
Chapter III
Impact of Convergence: Pro’s and Cons
– Impact on Markets and Regulations
– Impact on Consumers
– Impact on Service Providers
Convergence - Consumer’s Perspective

• Choice of and across services - including innovations


• Choice of service providers
• Choice of service / tariff packages
• Choice of terminal equipment
• Choice of Content
• Choice of migration across service providers – Number Portability – Roaming
• Comprehensive billing
• Affordability of usage as well as of access
• Public accessibility
• Quality norms at par with international standards
• Prompt, efficient and effective remedy of faults / problems
Opportunities for Service Providers:

– Convergence acts as a powerful means to leverage existing infrastructure to provide a


– Offer services in multiple markets. Wide range of services at
lower costs
– Convergence as a way to cut/minimize
the costs. Generate Higher Revenues/
reach new subscribers
Alters the Impact of ICT sector on social and Economic development.
Chapter IV
A Comparative Analysis of International Regulatory
Developments.
– USA
– European Union
– Canada
– South Korea
– South Africa and Australia
Chapter V
A way Forward: Regulatory Challenges for India.

– Instruments for effective intervention in converging markets. (Spectrum


Allocation)
– Interconnection Regulations
– Foreign Direct Investment.
Chapter VI
Analysis of Communication Convergence Bill, 2001

• Combined regulatory framework for sectors, hitherto considered distinct


-Telecom
- Information Technology
- Broadcasting
• Spectrum Management
• Lofty objective of independent commission
– Regulator
– Licensor
– Adjudicator
• Repealing of five dated statutes
Chapter VII
Conclusion and Suggestions
Thank You

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