The Telecom Regulatory Authority of India (TRAI) on Monday has released ‘Recommendations on the Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023’ in which it has empowered the Centre to grant network authorisations to service providers instead of entering into an agreement with the entity.
The Telecommunications Act, 2023 was published in the Official Gazette of India in December 2023.
These recommendations are aimed at fostering growth and enhancing ease of doing business in the telecom sector, the Authority said, adding that it has recommended a network authorisation framework, apart from detailed terms and conditions for various network authorisations to be granted under the Telecommunications Act, 2023.
“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,” TRAI said.
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.
Following DoT’s request
The development comes after the Department of Telecommunications (DoT) through a letter dated July 26, 2024 requested TRAI to provide its recommendations 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 the same section of the Act.
Therefore, TRAI after comments and then counter comments from stakeholders, decided to come out with these recommendations.
Features
Some of the salient features of the recommendations also include granting of each network authorisation by the Centre Government to be in the form of an authorisation document, containing the essential elements of the network authorisation.
“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 Centre should seek TRAI’s recommendations,” it noted.
For infrastructure provider (IP) authorisation too, TRAI recommended that Centre introduce IP Authorisation under Section 3(1)(b) of the Telecommunications Act, 2023.
“Any entity (service provider) intending to establish, operate, maintain, or expand dark fibers, right of way, duct space and towers should obtain IP Authorisation from the Centre,” it said.
For Satellite Earth Station Gateway (SESG) Provider Authorisation also, TRAI recommended that any service provider intending to establish, operate, maintain, or expand SESG in India should be required to obtain SESG Provider Authorisation from the Centre.
