DoT releases draft rules for provision of services under new framework

The Department of Telecommunications (DoT) has come out with draft rules for the provision of main telecom services under the authorisation regime, as outlined in the Telecom Act 2023.

The authorisation regime is voluntary for those telcos who wish to opt for it, a DoT official said, adding that companies have the option to continue under the current licensing regime.

Telecommunication service authorisations are classified into four categories: main telecommunication services, miscellaneous telecommunication services, captive telecommunication services, and broadcasting services.

The scope of this set of draft rules relates to main telecommunication services, where authorisations encompass offerings like unified service, access service, internet service, and long-distance service.

"The initial validity period of an authorisation for provision of telecommunication services shall be twenty (20) years from the effective date unless curtailed or revoked earlier for reasons specified in these rules," it said.

If the applicant for authorisation under these rules is an existing licensee, it shall, along with its application for authorisation apply for migration of all its existing licenses for all categories of telecommunication services to the corresponding authorisation for telecommunication service, in accordance with the migration rules, and submit proof of such application, according to the proposed rules.

On the security conditions, it said, "An authorised entity shall, at its own cost provide suitable lawful interception systems and lawful interception and monitoring facilities in accordance with the instructions specified for this purpose by the Central Government."  "An authorised entity shall ensure that the lawful interception system and lawful interception and monitoring facilities are integrated with the Centralised Monitoring System (CMS) or Internet Monitoring System (IMS), as applicable, prior to the commercial launch of telecommunication services," the draft rules state.

On provision of telecommunication services through satellite systems, it said an authorised entity permitted to use satellite systems under specified rule shall comply with technical and operating norms including ensuring that all traffic on the satellite network originating from or terminating on the user terminals located in India, shall pass through an authorised entity's satellite earth station gateway and associated telecommunication network located in India.

It has to also "ensure that no traffic originating from or terminating at a user terminal located in India is routed via satellite earth station gateways located outside India either directly or through inter satellite communication links, including during failure of satellite earth station gateway in India or as part of telecommunication network optimization" and "ensure that the user traffic shall not be mirrored by an authorised entity to any satellite system or server located outside India through inter satellite communication links or through any other means," the draft rules state.

The draft rules talk of provision of real time traffic monitoring facility, besides ensuring "that no direct communication shall take place between two or more user terminals through one or more satellites, without routing the user traffic through satellite earth station gateway".