The model suggested by the Report envisages a single regulator for everything instead of the present sector-
specific regulation, where telecom and broadcast have their own regulatory mechanisms. The Report is heavily influenced by Malaysian Communications and Multimedia Commission Act 1998 and FCC 1996 of USA. According to Nariman, "We have not followed any particular model, we have only been inspired by the Malaysian and FCC model." About the uniqueness of the Report, he adds, "This is a new thing, something which has not been done anywhere in the world except Malaysia. Even there, there is Government control, whereas here we want to avoid Government control. In Malaysia, the licensing is done by Government. Here it will be by the Commission."

The Communications Commission of India

The Commission is supposed to interact with the various sectors of the industry to help set standards and formulate regulatory norms—both for content and carriage of information. The Commission will also manage the contentious area of spectrum. It will have the power to advance, facilitate, and encourage the growth of technological and social development. The Report emphasizes the importance of self-regulation, flexibility of law with no political interference of any sort. It has suggested the appointment of highly qualified and independent persons of integrity as members of the Commission.

What Happens to TRAI?

After much deliberation, the Report recommends that the present TRAI would be subsumed into the proposed Bill. The Commission to be set up would be in addition to the functions already being exercised by the TRAI, empowering to exercise much wider functions of regulating and licensing of carriage and content of all transmitted information.

Conflict Between the IT Act and Ensuing Act?

The Report clearly puts aside any speculation about integrating IT Act into the ensuing Communication Bill. It has taken note of DoT’s note to Nariman, which mentioned "IT Bill 2000, which dealt with the details of e-commerce activity having been already passed, need not be incorporated in the draft." But it was felt at the same time that certain provisions of the IT Bill relating to the inclusion of sound in the definition of "Information" and those relating to "Interception" and "Encryption" would have to be viewed in the context of Indian Telegraph Act. Necessity was also felt for covering the Indian Telegraph Act, Indian Wireless Act of 1933, and Broadcasting Bill and perhaps some of the provisions of the IT Bill in so far as convergence was concerned.

According to Dr BM Athreya, "Every step is a forward step. It may not take place in the most logical manner, but whatever movement is happening let it take place. Then they can be reintegrated later." Any overlap and conflict of interest might pose a new challenge towards the smooth and speedy implementation of the Report.

Implementation: The Key

What is of crucial importance is the implementation of the Report given the long and arduous process of its passage through the Parliament. We have the precedent of IT Bill hanging for three long years before being finally passed and implemented recently. Nariman, the chief architect of the report, talking to V&D said, "To fix a time frame for implementation is difficult. There has to be coordination. All ministries have to agree and it will take a couple of months before it is introduced in the Parliament." Ram Vilas Paswan, the minister for communications, said, "We are working on it and will get it passed in the coming winter session of the Parliament. We are doing everything ahead of time." Meanwhile Shyamal Ghosh, chairman, Telecom Commission, said, "The Report will involve a lot of examination in the sense that it is a new initiative and above all, India is the first country to take such initiatives. FCC has done something but ours is the most comprehensive approach. We should not be too hasty. We have to think thoroughly. A lot of effort has gone into it but more efforts will be necessary."

Composite licensing

Licence would be provided for one or more than one category, depending upon request. One composite licence could also be issued for all or a combination of categories on the condition that it ensures fair access and promotes competition. However, according to Ghosh, "Restricting it to just one composite licence will also be restrictive in a way. Somebody may not like to go into all the fields. So there has to be a choice with the operator. It is this practice which has encouraged us to provide unrestricted entry of players in all sectors except where spectrum is a constraint."