The Telecom Regulatory Authority of India (TRAI) has released ‘Recommendations on the Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023’.

The Department of Telecommunications (DoT) through a letter dated July 26, 2024, informed TRAI that the Telecommunications Act, 2023 has been published in the Official Gazette of India in December 2023. Section 3(1)(b) of the Act provides for obtaining an authorisation by any person intending to establish, operate, maintain or expand telecommunication network, subject to such terms and conditions, including fees or charges, as may be prescribed.

DoT, through the letter dated July 26, 2024, requested TRAI to provide its recommendations under Section 11(1)(a) of the TRAI Act, 1997 (as amended), on the terms and conditions, including fees or charges, for authorisation to establish, operate, maintain or expand telecommunication networks under section 3(1)(b) of the Telecommunications Act, 2024.  Further, through its addendum letter dated October 17, 2024, DoT requested TRAI to consider an authorisation for satellite communication network under section 3(1)(b) of the Telecommunications Act, 2024.

In this regard, TRAI issued a consultation paper on ‘The Terms and Conditions of Network Authorisation to be Granted Under the Telecommunications Act, 2023′ on October 22, 2024 for seeking comments and counter comments from stakeholders on the issues raised in the consultation paper. The last dates for furnishing comments and counter comments were November 12, 2024 and November 19, 2024, respectively. However, on the request of a few stakeholders, the last dates for furnishing written comments and counter comments were extended to November 19, 2024, and November 26, 2024, respectively.

In response to the issues raised in the consultation paper, 32 stakeholders furnished their comments, and 11 stakeholders furnished their counter comments. As part of the consultation process, TRAI conducted an open house discussion (OHD) through virtual mode on December 17, 2024.

Based on the comments received from stakeholders in the consultation process and on its own analysis, TRAI has finalised Recommendations on the Terms and Conditions of Network Authorisation to be Granted Under the Telecommunications Act, 2023. These recommendations are aimed at fostering growth and enhancing ease of doing business in the telecom sector. Through these recommendations, the authority has recommended a network authorisation framework, apart from detailed terms and conditions for various network authorisations to be granted under the Telecommunications Act, 2023.

Some of the recommendations are as follows:

  • The Central Government should grant network authorisations under section 3(1)(b) of the Telecommunications Act, 2023 instead of entering into an agreement with the entity.
  • The detailed terms and conditions of each network authorisation should be prescribed through the rules notified under Section 3(1)(b) of the Telecommunications Act, 2023.
  • For any change(s) in the terms and conditions of the network authorisations emanating from these recommendations, except for the reason of the interest of the security of the State, the Central Government should seek TRAI’s recommendations.
  • The Rules under Section 3(1)(b) of the Telecommunications Act, 2023 should be organised in the manner given below:
  1. Telecommunications (Grant of Network Authorisations) Rules; and
  2. Separate rules for each network authorisation.
  • Each network authorisation to be granted by the Central Government under Section 3(1)(b) of the Telecommunications Act, 2023 should be in the form of an authorisation document, containing the essential elements of the network authorisation.

The other recommendations related to Infrastructure Provider (IP) Authorisation, Digital Connectivity Infrastructure Provider (DCIP) Authorisation, In-Building Solutions, Content Delivery Networks, Internet Exchange Point (IXP) Authorisation, Satellite Earth Station Gateway (SESG) Provider Authorisation, Ground Station as a Service, Cloud-hosted Telecom Network (CTN) Authorisation, and Mobile Number Portability (MNP) Provider Authorisation, among others.