The Telecom Regulatory Authority of India (“TRAI”) in a Notification dated 14th September, 2020 has released recommendations on “Cloud Services” after a multistage consultation process.
Salient Features of the recommendations
1. Initiating a light touch regulatory framework by setting up an industry body through a three-step step process – enrolment of CSPs operating in India; formation of an ad hoc body to frame broad rules, organizational structure, election procedure etc. and the election of office bearers to take over its functioning as a regular industry-led body.
2. Industry body to be registered under the Societies Registration Act, 1860 and to be formed using the approach followed for the formation of M2M body by Department of Telecommunications (“DoT”).
3. Scope of Cloud Service Providers will initially be limited to cloud service providers of Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) who are providing services in India.
4. Telecom Service Providers not to be allowed to share infrastructure and platforms related to Telegraph with a Cloud Service Provider (CSP) who is not a member of CSPs’ industry body registered with DoT.
5. The industry body will review multiple bodies for different purposes such as address requirements of different market segments. DoT may require this review after 2 years of commencement of the functioning of the first body or such time as it considers appropriate.
Note – The full text of the recommendation is available on Trai website.
TRAI has sent its recommendations on Cloud services to the Government of India on 16th August, 2017 and it included the Legal and Regulatory framework for cloud services, interoperability, legal framework for CSPs operating in multiple jurisdictions etc. The Government had accepted all recommendations and sought additional framework for CSPs.
A consultation paper was issued by TRAI on 23rd October, 2019 inviting inputs on the number of industry bodies, requirements for any CSP to become a member of an industry body, membership fee etc. for comments and counter comments from stakeholders and subsequently an Open House Discussion (OHD) was held on 28th February, 2020 at Delhi where stakeholders participated and deliberated on the issues.