TRAI floats consultation paper on terms, conditions of network authorisations under Telecom Act

The Telecom Regulatory Authority of India (TRAI) on Tuesday floated a discussion paper on the terms and conditions of network authorisations to be granted under the Telecom Act, 2023.

DoT had approached TRAI, through a letter dated July 26, 2024, asking it to provide recommendations on terms and conditions, including fees or charges, for authorisation to establish, operate, maintain or expand the telecommunication network as per the provisions of the Telecommunications Act, 2023.

Subsequently, through another letter dated October 17, 2024, DoT requested TRAI to consider an authorisation for a satellite communication network under the Telecommunications Act, 2023.
"In this regard, a consultation paper on 'the Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023' has been placed on the TRAI's website (www.Trai.Gov.In) for seeking comments/ counter comments from stakeholders," it said.

Stakeholders have been asked to submit written comments and counter comments on the issues raised in the consultation paper by November 12, 2024 and November 19, 2024, respectively.

TRAI has asked whether there is a need to merge the scopes of Infrastructure Provider-I (IP-I) and Digital Connectivity Infrastructure Provider (DCIP) authorisation into a single authorisation and if so, what should be the eligibility conditions for the grant of the merged authorisation, the scope of operation, validity period and terms and conditions for the same.

In the consultation paper that runs into 79 pages and raises 37 questions, TRAI has also sought stakeholders' views on which telecommunication equipment/ elements should be included in the ambit of 'in-building solution' (IBS).

"Whether there is a need to introduce a new authorisation under... Telecommunications Act, 2023 for establishing, operating, maintaining or expanding in-building solution (IBS) by any property manager within the limits of a single building, compound or estate controlled, owned, or managed by it...If yes, what should be the eligibility conditions, area of operation, validity period of authorisation, scope, and terms & conditions (general, technical, operational, security etc.) of such an authorisation," it has asked.

The regulator has asked if there is a need to make any changes in the eligibility conditions, area of operation, validity period of authorisation, scope, and terms and norms of the Content Delivery Network (CDN) authorisation, as recommended by TRAI in November 2022, and if so what changes are desired in terms of eligibility conditions, area of operation, validity period of authorisation, scope, and other norms of CDN authorisation.

Notably, TRAI's consultation paper also poses questions about Satellite Earth Station Gateway (SESG) authorisation.

"Whether there is a need to make any changes in the eligibility conditions, area of operation, validity period of authorisation, scope, and terms & conditions (general, technical, operational, security) of the Satellite Earth Station Gateway (SESG) authorisation, as recommended by TRAI on November 29, 2022? If yes, what changes should be made in the eligibility conditions, area of operation, validity period of authorisation, scope, and terms & conditions (general, technical, operational, security etc.) of the SESG authorisation," TRAI asked.

The regulator has also asked if there is a need to introduce a new authorisation for establishing, operating, maintaining or expanding a satellite communication network, which may be used to provide a network as a service to the entities authorised under the Telecom Act, 2023.

TRAI has sought stakeholder opinion on whether there is a need to introduce an authorisation for establishing, operating, maintaining or expanding ground stations, which may be used to provide ground station as a service (GSaaS), and, if so, the norms that should govern this.

Similarly, it has asked what should be eligibility conditions, area of operation, validity period of authorisation, scope, and terms and conditions of the authorisation for Mobile Number Portability Service under the new Telecom Act.

"What provisions should be included in the terms and conditions of various network authorisations under Section 3(1)(b) of the Telecommunications Act, 2023, considering the various sections, including Sections 4 to 9, 19 to 24, 32 to 42, 44, 45, 49, and 55 of the Telecommunications Act, 2023 and technological/ market developments in the telecommunication sector," according to the paper.

TRAI consultation paper threw up questions on terms and conditions around mergers, demergers, acquisitions, or other forms of restructuring of the entities holding network authorisations.

"What conditions should be made applicable for the migration of existing network licenses, registrations etc. To the new network authorisation regime under Section 3(1)(b) of the Telecommunications Act, 2023," TRAI consultation paper said.