13 August, 2018
TRAI recommendations on “Issues relating to Uplinking and Downlinking of Television Channels in India”
The Telecom Regulatory Authority of India has on June 25, 2018, issued Recommendations on Issues relating to Uplinking and Downlinking of Television Channels in India. These recommendations have been issued with a view to review and amend the guidelines relating to the uplinking and downlinking of satellite television channels issued by the Ministry of Information & Broadcasting in 2011. The recommendations provide for various changes in the existing framework of uplinking and downlinking regulations including in relation to relaxations in security clearance requirements, streamlining of the application procedures overall and regulation of transfers of uplinking and downlinking permissions.
Amendment in relation to Cap for Spectrum Holding
The Department of Telecommunications (‘DoT ’) has, by way of a circular dated May 30, 2018 amended the guidelines for transfer/merger of various categories of telecommunications service licenses/authorization under unified license on compromises, arrangement and amalgamation of companies dated February 20, 2014.
Pursuant to this amendment, DoT has removed the cap of 50% in a particular spectrum band for access services and increased the cap on the total spectrum holding by an entity to 35% of the total spectrum assigned for access services, from the previous cap of 25%. The revised overall cap also applies to entities resulting from implementation of a scheme of compromise, arrangement or amalgamation and merger of licenses in a service area.
However, the spectrum holding cap for 700 MH z, 800 MH z and 900 MH z bands (‘Sub 1 GHz Bands ’) is different. DoT has prescribed that the combined spectrum holding of an entity must not exceed 50% of the total spectrum assigned in the Sub 1 GH z Bands. However, no such limit has been prescribed for individual or combined spectrum holding of an entity above the 1GHZ band.
DoT has also notified an option for telecom licensees to choose higher number of installments for deferred payment liabilities in respect of the award of spectrum in 2012, 2013, 2014, 2015 and 2016. There is no change or modification in the moratorium period for payment of deferred payment liabilities and the instalments already paid.
Instructions for implementing Restrictive Feature for SIMs used only for Machine-to-Machine communication service
DoT released instructions on May 16, 2018 in relation to SIM cards used for Machine-to- Machine (‘M2M ’) communication services4 (‘M2M SIMs ’), along with related Know Your Customer instructions for issuing M2M SIM s to entities providing M2M communication services under the bulk category and instructions for Embedded-SIM s.
The entity providing M2M services may require SIM s from a telecom licensee authorized by the DoT for the purpose of providing connectivity for M2M services. The instructions from the DoT clarify that the ownership of all such M2M SIM s must be with the entity providing the M2M services. Further, in case of a sale or transfer of devices having M2M SIM s, the entity providing M2M services will be responsible for (i) intimating the telecom licensee(s) from which the M2M SIM s are obtained of the details of persons to whom such devices are transferred; and (ii) fulfilling the subscriber verification norms. The telecom licensees are also required to regularly update these details in their database.
Indian Telegraph Right of Way Rules, 2016
The DoT has, by way of a memorandum dated May 22, 2018, extended the benefit of the Indian Telegraph Right of Way Rules, 2016 (‘ROW Rules ’) to Infrastructure Providers Category I (‘IP-1 ’), by clarifying that under clause 2(d) of the ROW Rules, the term “licensee” includes IP- 1 s authorised to establish and maintain assets such as dark fibres, right of way, duct space and tower for the purpose of granting the same on lease/ rent/ sale basis to the telecom services providers licensed under Section 4 of the Indian Telegraph Act, 1885 on mutually agreed terms and conditions.
The erstwhile ROW Rules did not cover IP-1 s within the ambit of ROW Rules. However, the right of way was effectively permitted to IP-1 s in their respective registration certificate(s) creating ambiguity.
With the aforesaid clarification provided by DoT, this ambiguity has been removed.
Clarification and Amendments regarding Internet Telephony
The DoT issued a clarification on June 19, 2018 stating that internet telephony service is an un-tethered service from the underlying access network and such service can be provided by access service provider to the customer using the internet services provided by other service providers. As a step further on this clarification, DoT has amended the telecom licenses, including the unified license, to incorporate certain provisions in relation to internet telephony service.
Some of the salient features of the amendment are:
i. internet telephony calls originated by international out roamers from international locations need to be handed over at international gateway of licensed international long distance operators. The international termination charges must be paid to the terminating access service provider;
ii. the mobile numbering series should be used for providing internet telephony by a licensee. The same number may be allocated for cellular mobile service as well as internet telephony service;
iii. telecom licensees are required to comply with all the interception and monitoring related requirements as specified in the respective licence (as amended from time to time);
iv. IP address assigned to a subscriber for this service must conform to IP addressing scheme of Internet Assigned Numbers Authority; and
v. the licensees providing internet service may facilitate access to emergency number calls using location services. This is not a mandatory requirement presently.
4 Machine to Machine (M2M) Communication Services means services offered through a connected network of objects/devices with identifiers in which Machine to Machine (M2M) communication is possible with predefined back end platform(s) either directly or through some gateway. ‘M2M Communication’ refers to a communication between two or more entities (object/devices/things) based on existing and evolving communication technologies that do not necessarily need any direct human intervention.
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
