Gokul’s question on the legality of 3pcc VoIP calls in India

I missed this earlier, Gokul had a question up on his blog asking:

Question on legality of 3pcc VoIP call in India « Gokul Blog — A conversation on VoIP, IMS, Cisco and Just about Anything

Basically, let’s say that I have a Soft PBX making calls to two mobile endpoints and then connecting them ( A typical 3pcc call). Is this legal in India? The reasoning behind banning the VoIP termination on TDM was that the existing licensed vendors were loosing out which would make sense in this case as well. So is there a legal section that bans this as well?

I think the legality of the calls depend on where and how the Soft PBX hooks into the PSTN/GSM/CDMA world. If the Soft PBX has one gateway each in two different cities/zones (or circle in Indian telecom parlance) and establishes a call connecting the two mobile endpoints across these gateways then it would definitely be illegal. If its in the same circle and the connections are being made through a sufficiently legitimate method like an E1 from a particular operator instead of using a GSM VoIP Gateway with slots for SIMs, then there would probably be enough of a gray area for it to be argued as legal.

Either way, the service isn't gonna be free - the thing about voice is someone has to pay for the call. In this case its the guys providing this Soft PBX service who would have to establish two outgoing calls to connect the two endpoints - that alone might make such a service unviable in India unless they negotiate heavily for minutes.

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