Search Telecom

Listen to this post

Telcom Bill

On September 21, 2022, the Department of Telecommunications (“DoT”) at the Ministry of Communications, Government of India (“Government”), proposed to replace the existing legislation governing telecommunications in India, namely, Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950 (collectively, “Telegraph Laws”), with the draft Indian Telecommunication Bill, 2022 (“Draft Bill”).[1]

Continue Reading The Draft Indian Telecommunication Bill, 2022: A Work in Progress

Telecom Reforms

Introduction

The Department of Telecommunications (DoT), in second half of 2021, released a series of notifications for reforming the telecom sector and bringing much-needed reforms. These notifications were compiled in a booklet titled “Telecom Reforms 2021” and released by the DoT (“Reforms”). The Reforms span over different areas of telecom regulations including: Know Your Customer (“KYC”) Norms, amending the definition Adjusted Gross Revenue (“AGR”), a percentage of which is the license fee, Foreign Direct Investment (“FDI”), Bank Guarantees, Customer Application Forms (“CAF”), sharing and assignment of spectrum, Standing Advisory Committee on Frequency Allocation (“SACFA”) clearance, Import of Wireless Equipment and liquidity requirements of Telecom Service Providers (“TSP”). In this blog, we provide an overview of the Reforms and present a brief overall analysis of the same.

Continue Reading Telecom Reforms & the way forward

The TRAI's Recommendations on Unbundling Licenses

Introduction

The Telecom Regulatory Authority of India (TRAI) recently recommended the unbundling of layers of telecom services through a system of differential licensing. The recommendations aim to “catalyse Investments and Innovation and promote Ease of Doing Business”. While the said recommendations have been welcomed by a cross-section of stakeholders, concerns were raised regarding the application of license fee as a percentage of the Adjusted Gross Revenue (AGR) at different levels. Even though the recommendations of the TRAI are not binding on the licensor (Department of Telecommunications (DoT)), they represent a significant shift in TRAI’s approach to the issuance of licenses in the telecom sector and possibly attracting new service providers.

Continue Reading The TRAI’s Recommendations on Unbundling Licenses

 

National Digital Communication Policy 2018

As you may recall, in May 2018, we reported on the Department of Telecommunications’ (DoT) release for public comments of the Draft National Digital Communications Policy 2018 in our previous blog post, “Draft National Digital Communications Policy 2018: Restructuring the Legal and Regulatory Regime”.

The Ministry of Communications, DoT has now notified the National Digital Communications Policy, 2018 (Policy) vide a gazette notification dated 22 October 2018 (Notification). With the coming of this Notification, it is expected that the Indian telecom sector may soon get a much-needed makeover. Continue Reading The New Digital Avatar: National Digital Communication Policy 2018 Notified

The TRAI Recommendations on Privacy

This piece reviews the Telecom Regulatory Authority of India (TRAI) recommendations on “Privacy, Security and Ownership of Data in the Telecom Sector” released on July 16, 2018 (Recommendations) and attempts to highlight some of their more immediate potential consequences.

Consultations are typically taken up by TRAI based on requests from the Department of Telecommunications (DoT). In the instant case, the TRAI has atypically put out the consultation and subsequently the Recommendations of its own volition, without an explicit mandate on the subject.

TRAI recommendations are approved and implemented by the DoT pursuant to the procedure under Section 11 of the TRAI Act, 1997. This process may involve the DoT seeking clarifications, modifications or otherwise referring items back the TRAI.

This process may turn out to be more complex in connection with the current set of Recommendations, given that much of their content recommends the passing of broad-ranging new legislation that is not limited to only the telecom sector.

Continue Reading The TRAI Recommendations on Privacy, Security, and Ownership of Data in the Telecom Sector, 2018

In-Flight Connectivity VNO or NO VNO

Most frequent fliers would have been familiar with the requirement to power off personal electronic devices (PEDs) for the duration of domestic flights. It was not until 2014, that Indian fliers were permitted to operate mobile phones and other PEDs on “flight mode” (in non-transmitting mode). The rationale for this restriction, as explained by the Directorate General of Civil Aviation (DGCA), is that radio transmitters in most communications devices may, and have in the past, caused harmful interference with crucial on-board flight systems. Therefore, while several Indian carriers such as Jet Airways already provide on-board Wi-Fi services, such services are limited to the provision of locally stored content to airborne PEDs, and do not enable passengers to connect to the internet cloud.

However, recent technological developments have now made it possible for passengers to use transmitting PEDs while airborne, without causing harmful interference to crucial flight operation systems or terrestrial communication networks. Together these technological solutions are labelled In-Flight Connectivity (IFC) services. Typically, IFC solutions are provided by making use of aeronautical mobile satellite services that use a satellite link to provide IFC to onboard PEDs; or by using Mobile Communications on-board Aircraft (MCA) systems, which while typically operating on terrestrial GSM communications bands, use an air-to-ground satellite link to establish connections with terrestrial networks.

Continue Reading In-Flight Connectivity: “VNO” or NO “VNO”?