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Summary of A4AI Submission to ITU on OTTs
While OTTs (including messaging apps such as Whatsapp, social media platforms such as Facebook, and smartphone apps in general) are very popular globally, it's also important to understand the extent to which they are incorporated into mobile data plans offered by mobile network operators (MNOs). To do this we reviewed all the plans offered by MNOs in the eight countries :Peru, Colombia, Kenya, Nigeria, Ghana, India, Bangladesh, and the Philippines, using the following categories:
Full-Cost Data Bundle: The user pays the advertised price for their data (at the relevant prepaid or post-paid tier), which can be used to access any site. These are the standard data packages that MNOs offer.
Service-Specific Data Bundle: The user can purchase a data bundle that allows them to use specific apps and access certain sites for a certain period of time (e.g., social media packs, which offer data for use on specific social networking sites).
Earned Data: Instead of directly purchasing data, the user receives data in exchange for performing an action (e.g., completing a survey, watching an advertisement, or purchasing a specific service or handset from an operator). Typically, this data can be used to access any site or service.
Zero-rated Data: Services that make a specific set of content, websites, or applications available at no additional cost to the user. The data used to access the specified site or app does not count toward the user’s data usage. The most common example of this is Freebasics by Facebook.
OTT services are accessible via all the above plans. However, the two categories of plans that restrict users access to only OTTs are service specific plans and zero-rated plans. Both types offer the consumer cheaper (or free) access to certain OTT services. Together they accounted for 64% of all mobile data plans offered in the 8 countries included in the study.
As OTTs expand in popularity and are increasingly included as part of mobile data plans, governments are faced with the decision of whether or how to intervene. There is no simple answer to this — it would be impossible to develop a ‘one-size-fits-all’ solution that can be applied to different and diverse countries. Instead, we recommend the following steps (based on the evidence presented in this document):
i. On a preliminary basis, policymakers (particularly those in low and middle income countries where broadband Internet access is still limited) should evaluate strategies to foster connectivity at the national level and try to identify the most sustainable option(s). Thus, countries should consider the extent to which OTT services are compatible with their unique legal and socio-economic context, considering in particular the best ways to promote competition and innovation in ICT markets and protecting freedom of expression and media diversity, while also advancing broader connectivity goals.
ii. Policy guidelines for OTT services, like the set recommended below, should first ensure that these services are aligned with national broadband goals.
iii. Where a country is considering intervention, the regulator should carefully assess the best approach. In many cases, ex post regulation (i.e., intervene only if and when there is evidence of harm) will suffice. However, this depends on pre-existing levels of competition in the MNO markets, as well as the capacity and resources of the regulator. While these steps are explained in more detail below, It is important to keep in mind that these are no more than guidelines. The real deliberation and decision-making around mobile data services must ultimately be based on national context and involve a meaningful dialogue between the government, MNOs and other private sector entities, local civil society, and citizens.
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