India

National Policy

The policy and regulatory framework governing telecommunications in India comprises various statutes, guidelines, rules, etc. Listed below are the primary statutes regulating the telecommunications sector in India:

Indian Telegraph Act, 1885 https://dot.gov.in/sites/default/files/Indian%20Telegraph%20Act%201885.pdf?download=1

The Indian Wireless Telegraphy Act, 1933 https://dot.gov.in/act-rules-content/2419

Telecom Regulatory Authority of India(TRAI) Act, 1997 https://dot.gov.in/sites/default/files/2019%2011%2026%20TRAI%20ACT%20%28Latest%29.pdf?download=1

National Broadband Policy, 2004 https://dot.gov.in/broadband-policy-2004

National Digital Communications Policy, 2018 https://dot.gov.in/sites/default/files/2018_10_29%20NDCP%202018_0.pdf

National Broadband Mission https://dot.gov.in/sites/default/files/National%20Broadband%20Mission%20-%20Booklet_0.pdf?download=1

The Telegraph Act is the primary legislation underlying the regulatory framework for telecom in India. It prescribes various powers of the government to operate and regulate telecommunication services in India.1)https://www.lexology.com/library/detail.aspx?g=45ac7f16-f40c-42ea-b3df-dfe6e357e2c0 The main objective of the Telegraph Act, when enacted in 1885, was to give power to the Government to install telegraph lines on private as well as public property.2)https://cis-india.org/telecom/resources/indian-telegraph-act Since then, this act has undergone multiple amendments to accommodate new technologies in communication. This act gives the Central Government the exclusive privilege in respect of telegraphs and power to grant licenses.3) Section 4 of the Telegraph Act At present, the Department of Telecommunications (DoT) under the Ministry of Communications has been assigned the task of granting licenses and approvals to telecom service providers (TSPs) in India.

The main objective of the Wireless Telegraphy Act is to regulate the possession of wireless telegraphy apparatus. This act explicitly prohibits the possession of wireless telegraphy apparatus, unless a license has been given in that regard by the telegraph authority constituted under the telegraph act. For the purposes of this act, DoT issues the license to possess wireless telegraphy apparatus.

With the liberalization of the telecom sector and entry of private players in the 90s, the need for independent regulation became inevitable. The Telecom Regulatory Authority of India (TRAI) was, thus, established with effect from 20th February 1997 by an Act of Parliament, called the Telecom Regulatory Authority of India Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government.4)https://trai.gov.in/about-us/history The TRAI Act also provides for a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to adjudicate any dispute between licensors (i.e. DoT) and licensee, between two service providers, and between service providers and a group of consumers.5) Section 14 of the TRAI Act, 1997

Apart from the grant of licenses, the DoT is also responsible for formulation of developmental policies for the accelerated growth of the telecommunication services.6)https://dot.gov.in/profile Thus, recognizing the importance of the telecommunication services in socio-economic development, the government has been coming up with telecommunications policy at a regular interval. Listed below are the policies which have been brought by the government (in chronological order: oldest being NTP 1994 and the latest being NDCP 2018 ):

National Telecommunications Policy, 1994 https://dot.gov.in/national-telecom-policy-1994

New Telecom Policy, 1999 https://dot.gov.in/new-telecom-policy-1999

National Telecom Policy, 2012 https://dot.gov.in/sites/default/files/NTP-06.06.2012-final_0.pdf

National Digital Communications Policy, 2018 https://dot.gov.in/sites/default/files/2018_10_29%20NDCP%202018_0.pdf

Apart from the Telecommunication Policy, the government has also brought Broadband Policy (Broadband Policy 2004 https://dot.gov.in/broadband-policy-2004 ) specifically for proliferation and growth of broadband in India.

The National Digital Communications Policy, 2018 unveiled by the Government seeks to unlock the transformative power of digital communications networks - to achieve the goal of digital empowerment and improved well-being of the people of India and attempts to outline a set of goals, initiatives, strategies and intended policy outcomes.7) Reproduced from National Digital Communications Policy 2018 The Policy aims to accomplish the following Strategic Objectives by 2022:

Provisioning of Broadband for All

Creating 4 Million additional jobs in the Digital Communications sector

Enhancing the contribution of the Digital Communications sector to 8% of India’s GDP from 6% in 2017

Propelling India to the Top 50 Nations in the ICT Development Index of ITU from 134 in 201

Enhancing India’s contribution to Global Value Chains

Ensuring Digital Sovereignty

In order to pursue the above stated objectives, three missions namely ‘Connect India’, ‘Propel India’ , and ‘Secure India’ have been envisaged in the NDCP 2018.

Till now an overview and brief summary of statutes governing the telecom sector in India has been provided. However, it is important to re-look at these statutes with regard to connectivity in rural and remote areas, community networks, etc.

To begin with, the mission of DoT as listed on its website has a special emphasis to connectivity in rural areas: “To develop a robust and secure state-of-the-art telecommunication network providing seamless coverage with special focus on rural and remote areas for bridging the digital divide and thereby facilitate socio- economic development” 8)https://dot.gov.in/vision-mission

The NDCP 2018 mentions specific initiatives for broadband connectivity in rural areas. Although the term “Community Networks” does not explicitly appear in the NDCP document, the term “Public Wi-Fi” has been used. In the Connect India Mission, it has been targeted to enable deployment of public Wi-Fi Hotspots; to reach 5 million by 2020 and 10 million by 2022.9) 2022 Goals, Section 1 in NDCP 2018 NDCP mentions the promotion of Open Public Wi-Fi Access through W-Fi/ Public Data Office Aggregators and Public Data Offices as a strategy to catalyze investments in the Digital Communications Sector.10) (b) vi, Section 2.1 in NDCP 2018 This has been operationalized through the recently launched Prime Minister Wi-Fi Access Network Interface (PM-WANI) initiative of DoT.

NDCP 2018 also strives to ensure inclusion of uncovered areas and digitally deprived segments of society by channelizing the Universal Service Obligation Fund (USOF) and by reviewing the scope and modalities of USOF.11) Section 1.4 in NDCP 2018 With regard to rights of indigenous people over the use of natural resources such as spectrum, the NDCP 2018 doesn’t mention this explicitly; though it recognizes spectrum as a key natural resource for public benefit.12) Section 1.2 in NDCP 2018

In the mission Connect India, NDCP provides for the establishment of the National Broadband Mission as a strategy. In the NBM various initiatives have been suggested to increase connectivity in rural and remote areas. Under the Bharat Net initiative , NDCP targets provision of 1 Gbps (upgradeable to 10 Gbps) to every Gram Panchayats (GPs) ( BharatNet project is a flagship project of the Government of India which aims to connect 2.5 lakh GPs across India with Optical Fibre Cables (OFCs). Projected as the largest rural connectivity project in the world, it is also the first pillar of Digital India Programme). The GramNet initiative aims to connect all rural development institutions with 10 Mbps (upgradeable to 100 Mbps). To increase last-mile connectivity, Jan Wi-Fi initiative aims to establish 2 Million Wi-Fi Hotspots.

Apart from the major initiatives listed in above paragraphs, some other small initiatives have also been taken by the Government to improve connectivity in remote areas. For example, the Department of Telecom executed a project for providing Mobile Services in 2199 locations in Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Maharashtra, Madhya Pradesh, Odisha, Telangana, Uttar Pradesh and West Bengal, which are affected by Left Wing Extremism (LWE); Comprehensive Telecom Development Program for North East region to connect 8261 villages through installation of 6000 mobile tower sites.13)https://dot.gov.in/sites/default/files/Telecom%20at%20a%20Glance-2019.pdf?download=1

Operator Licensing

Technical and Administrative Requirements

Licensing Fees

Access to Spectrum

Technical and Administrative Requirements

Licensed

Access Networks

Operator	800MHz	900MHz	1800MHz	2100MHz	2600MHz	3500MHz
XYZcom	None	2×10	2×15	2×10	None	None

PtP Networks

License-Exempt

Access Networks

Frequency	Power Limit	Transmit Power
2.4GHz
2400 – 2483.5 MHz	2.4EIRP
5GHz
5150-5250 MHz	5.1EIRP
5250-5350 MHz	5.2EIRP
5470-5725 MHz	5.4EIRP
5725-5800 MHz	5.8EIRP

PtP Networks

Frequency	Power Limit	Transmit Power
2.4GHz
2400 – 2483.5 MHz	2.4EIRP
5GHz
5150-5250 MHz	5.1EIRP
5250-5350 MHz	5.2EIRP
5470-5725 MHz	5.4EIRP
5725-5800 MHz	5.8EIRP

Secondary Use

Access Networks

PtP Networks

Spectrum Fees / Costs

Application

Annual

Auction

Backhaul

Gender

Universal Service

Cooperatives

Resources / References

Coding examples

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