Jyotsna JayaramPartner
Akshaya ParthasarathySenior Associate
Sanjana ManusanipalliAssociate
Key Developments
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Ministry of Information and Broadcasting clarifies authorisation requirements for the operation of non-Indian satellites
On 10 July 2024, the Ministry of Information and Broadcasting issued Norms, Guidelines and Procedures for the Implementation of the Indian Space Policy, 2023, reiterating that existing arrangements for providing satellite capacity will only continue till 31 March 2025. From 1 April 2025, only those non-Indian satellites which have been authorised by the Indian National Space Promotion and Authorisation Centre (IN-SPACe) can provide space-based communication or broadcast services in India (Satellite Services).
Any new capacity, additional capacity, change of satellite, etc., in relation to a non-Indian satellite will also need IN-SPACe authorisation through an Indian entity (which may be an Indian subsidiary, joint venture, collaboration, authorised dealer or representative of the non-Indian satellite operator in India) to enable Satellite Services.
This development is crucial for non-Indian satellite operators who are currently operating in or looking to enter the satellite communication space in India, as this authorisation is essential for ensuring uninterrupted operations. Foreign operators should be mindful of the timelines to ensure that they avoid operational disruptions.
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Telecom Regulatory Authority of India revises the quality-of-service standards for access and broadband services
The Telecom Regulatory Authority of India (TRAI) issued the Standards of Quality of Service of Access (Wireline and Wireless) and Broadband (Wireline and Wireless) Service Regulations, 2024 (QoS Regulations) revising the quality-of-service (QoS) standards required to be maintained by telcos offering access and broadband services. These regulations were brought into effect from 1 October 2024, consolidating, tightening and superseding 14 earlier regulations that dealt with similar subject matter. Internet service providers with fewer than ten thousand subscribers as on the last day of the preceding financial year are exempt from its application.
The QoS Regulations prescribe QoS parameters for various aspects (such as fault repair, maintenance, service provisioning and performance, and customer service) along with benchmarks, assessment periods and methodologies for calculating these parameters.
Pursuant to the QoS Regulations, telcos offering access and broadband services must, amongst other things:
- prepare a quality management plan by 2 February 2025 including QoS aspects related to network availability, accessibility, retainability and customer services;
- document the process of collection, mapping and processing of data for each QoS parameter and submit the same to TRAI within the prescribed period;
- maintain complete and accurate records of raw or primary and processed data relating to the compliance of benchmark of each QoS parameter in electronic form and in the manner, period and format prescribed by TRAI from time-to-time; and
- submit periodic compliance reports to TRAI on each QoS parameter.
TRAI may assess service providers’ QoS by conducting drive tests. Non-compliance with the QoS Regulations may result in financial disincentives, which may extend to several lakh Indian rupees.
All major telcos should implement robust organisational measures to meet these QoS standards and reporting requirements, which are more stringent than previous norms and include higher monetary penalties for non-compliance. This will not only enhance their performance but also avoid potential financial setbacks and operational challenges.
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Telecom Regulatory Authority of India issues further directions to combat spam communications
In continuation of its directions issued to curb spam communications (to read our previous update on these directions, click here), TRAI issued further directions on 13 August 2024 to telcos under the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR), to combat unsolicited commercial communications. Accordingly, telcos must ensure, amongst other things, that:
- promotional voice calls from unregistered senders or telemarketers are stopped immediately;
- prescribed action (such as disconnection of telecom resources and blacklisting) is taken against any unregistered senders or telemarketers misusing their telecom resources for making commercial voice calls in violation of the TCCCPR resulting in consumer complaints; and
- all unregistered senders or telemarketers are migrated to the Distributed Ledger Technology (that is, a technology that creates a secure, shared record of activities that can be safely shared and used by different participants) Platform (DLT Platform). A compliance report must be submitted in this regard.
Compliance reports and status updates on actions taken must be submitted to TRAI on the 1st and 16th of every month.
TRAI issued additional directions on 20th and 30th August 2024 directing telcos to curb the misuse of messaging services and protect consumers from fraud by ensuring, amongst other things, that:
- there is end-to-end implementation of 140xxx numbering series on the DLT Platform, including migration of existing telemarketers and scrubbing of calls;
- traffic containing URLs, APKs, OTT links or call back numbers, which are not whitelisted, is not permitted;
- commercial messages from entities such as banks, insurance companies, etc., to the recipients are traceable and, with effect from 1 November 2024, all messages where the chain of telemarketers is not defined or does not match, are rejected;
- whenever misuse of headers and/or content templates is noticed or reported, necessary steps are taken, including the suspension of traffic from concerned sender or telemarketer until corrective measures are taken; and
- one content template is not linked with more than one header.
Compliance reports and status updates on actions taken were required to be submitted to TRAI by early September.
On a related note, earlier in the year, the Central Consumer Protection Authority had also issued draft Guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024 aimed at protecting consumers from unsolicited and unwarranted business communications.
It is evident from the recent directives issued by TRAI that the regulator is fully committed to curbing spam communications and rigorously enforcing the TCCCPR. Non-compliance may result in significant penalties which could extend to two lakh rupees per day. It is crucial for telcos that have not yet achieved full compliance with the TCCCPR to take immediate action and align their operational practices with the TRAI’s directives and applicable regulations.
This quarter also saw more provisions of the Telecom Act, 2023 coming into force (to read our detailed update on this, click here) and the Telecommunication Right of Way Rules, 2024 being notified. Effective 1 January 2025, these rules establish the guidelines for service providers to obtain right of way for underground and overhead telecom networks, such as mobile towers and telecommunication lines. TRAI has also published several draft rules under the Telecom Act, 2023, which are expected to be finalised in the coming months, bringing the law into full effect.
Further, the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023 were amended to mandate smart and feature phone manufacturers to enable the auto-readout of disaster alerts in an Indian accent for multiple official Indian languages, other than Hindi and English.
Also of interest are the latest amendments to the Department of Telecommunications’ instructions on Know Your Customer requirements for obtaining business connections (to read our previous update on these, click here), which now allow telcos to issue up to 2,000 mobile connections (as opposed to the previous 100) to an entity subject to other compliances.
TRAI has steadily been releasing numerous guidelines and directives to enhance India’s telecom regulatory framework. Telcos should proactively monitor applicable developments to avoid disruptions in operation.
