According to BIF, there are numerous important ways that OTT differs from telecom.
OTTs and TSPs have significantly distinct business models.
According to BIF, OTTs are fundamentally apps rather than telecoms services.

In its comments on the draught telecom bill, the industry group Broadband India Forum (BIF) argued that Over-The-Top (OTT) communications services should not be included among the components listed in the definition of telecommunication services. According to BIF, OTTs and telecommunications are distinguished from one another for numerous compelling and significant reasons.

'If OTT apps were subject to the telecom license, only the government would own them and would have the authority to choose, create, and manage them. Such a scenario would be utterly absurd, utterly unclear, and result in the total collapse of the app ecosystem, which would have a detrimental effect on economic innovation.' , in its most recent submission to the government regarding the draught bill, BIF stated.

OTT communication services are included in the draught legislation despite the fact that these participants lack a communications network, according to BIF. It was suggested that industries other than telecommunication, like broadcasting and OTT communications (or industries with any other name in place of OTT Communications), could not fall under the purview of the proposed bill.

According to BIF, some arguments have been made that OTT communications should fall under the purview of the draught legislation, but they are 'incorrect, both legally and politically.' The forum went on to say that these arguments 'might further be motivated by commercial objectives.'

The commercial justification that OTT is a free-riding service is 'neither correct nor is relevant,' the forum claims, in the given situation. TSPs (Telecom Service Providers) are compensated for network usage costs by OTT service providers and users. Additionally, the business models of OTTs and TSPs are very different, and according to the statement, OTT never and simply cannot provide OTT services to its users without using the broadband/telecom infrastructure.

The definition of telecommunication services in the Draft Bill should not include any references to over-the-top (OTT) communications services, according to BIF. According to the industry think tank on spectrum management, the administrative allocation of satellite spectrum should continue.