The policy and regulatory framework governing telecommunications in India comprises various acts, guidelines, rules, etc.

<callout type=“tip” icon=“true”> List of primary statutes which regulates telecommunications sector in India:

1. The Indian Telegraph Act, 1885
2. The Indian Wireless Telegraphy Act, 1933
3. Telecom Regulatory Authority of India (TRAI) Act, 1997
4. Telecom Policies formulated by the Government from time to time. Example:
   • National Broadband Policy, 2004
   • National Telecom Policy, 2012
   • National Digital Communications Policy, 2018

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The Indian Telegraph Act, 1885 is the primary legislation underlying the regulatory framework for telecommunications in India. It prescribes various powers of the government to operate and regulate telecommunication services in India. ¹⁾ 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⁾ Since then, this act has undergone multiple amendments to accommodate new technologies in communication.

<callout type=“default” icon=“true”> Definition of Telegraph according to the Telegraph Act : “telegraph” means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means. </callout> The Telegraph Act gives the Central Government the exclusive privilege in respect of telegraphs and the power to grant licenses. ³⁾ At present, the Department of Telecommunications (DoT) under the Ministry of Communications grants licenses and approvals to telecom service providers (TSPs) in India.

The main objective of the Indian Wireless Telegraphy Act, 1933 is to regulate the possession of wireless telegraphy apparatus. This Act 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. ⁴⁾ At present, DoT issues the license to possess wireless telegraphy apparatus.

With the liberalisation of the telecom sector and entry of private players in the 90s, the need for independent regulation became inevitable. Thus, The Telecom Regulatory Authority of India (TRAI) was established w.e.f. 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. ⁵⁾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 .⁶⁾

Telecommunication services play an important role in socio-economic development, and thus the DoT also formulates developmental policies for the accelerated growth of the telecommunication services in India, apart from the grant of licenses . ⁷⁾

<callout type=“tip” icon=“true”> DoT has been coming up with telecommunications policy statements at a regular interval. List of Telecom Policies (in chronological order):

1. National Telecommunications Policy, 1994
2. New Telecom Policy, 1999
3. Broadband Policy, 2004
4. National Telecom Policy, 2012
5. National Digital Communications Policy, 2018

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The most recent telecom policy is National Digital Communications Policy (NDCP), 2018 . Unveiled by the Government in 2018, the Policy attempts to outline a set of goals, initiatives, strategies and intended policy outcomes. The Policy aims to accomplish the following Strategic Objectives by 2022: ⁸⁾

• 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 2017
• Enhancing India’s contribution to Global Value Chains
• Ensuring Digital Sovereignty

It is also important to re-look at the statutes discussed above with regard to explicit provisions for 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: ⁹⁾

<callout type=“success” icon=“true”> DoT’s Mission: 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 </callout>

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” finds a mention. One of the goals of the “Connect India” Mission in NDCP 2018 is to “enable deployment of public Wi-Fi Hotspots; to reach 5 million by 2020 and 10 million by 2022” ¹⁰⁾ 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. ¹¹⁾ Prime Minister Wi-Fi Access Network Interface (PM-WANI) initiative of DoT was launched in 2020 to take forward the NDCP’s goal of creating a robust digital communication infrastructure through deployment of Public Wi-Fi Hotspot. ¹²⁾

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. ¹³⁾

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. ¹⁴⁾

In the mission of “Connect India”, NDCP provides for the establishment of the National Broadband Mission (NBM) as a strategy. In the NBM various initiatives have been suggested to increase connectivity in rural and remote areas. Under the Bharat Net initiative (a flagship project of the Government of India which aims to connect 2.5 lakh gram panchayats across India with Optical Fibre Cables), NDCP targets provision of 1 Gbps (upgradeable to 10 Gbps) to every gram panchayat. 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. ¹⁵⁾

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Apart from the large programs, some smaller initiatives have also been taken by the Government to connect the unconnected. Examples of such initiatives include:

• 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). ¹⁶⁾
• The Comprehensive Telecom Development Program for the North East region aimed to connect 8261 villages through installation of 6000 mobile tower sites.¹⁷⁾

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This could be used to frame specific questions that should be asked

<callout type=“tip” icon=“true”>This could be for hints / tips / tricks on finding information, what to look for etc.</callout> <callout type=“question” icon=“true”>A question</callout> <callout type=“success” icon=“true”>A good practice example might look like this</callout> <callout type=“danger” icon=“true”>A bad practice to be aware of might look like this</callout>