POLICIES GOVERNING TELECOM SECTOR

THE FIRST ATTEMPT TO FORMALIZE A POLICY STATEMENT WAS MADE IN 1994 WHEN THE NATIONAL TELECOM POLICY 1994 (NTP 94) WAS ANNOUNCED

THE TELECOM SECTOR IS PRESENTLY GUIDED BY NEW TELECOM POLICY 1999 (NTP 99) AND BROADBAND POLICY 2004.

A NEW TELECOM POLICY (NTP 2011) IS ON THE ANVIL

IT WAS THROUGH THE POLICY INITIATIVE NTP 94 THAT THE DIRECT ROLE OF PRIVATE SECTOR IN TELECOM SERVICES IN INDIA WAS PROMOTED FOR THE FIRST TIME

THIS DECISION WAS PROMPTED BY THE REALIZATION THAT THE INVESTMENT FUNDING NEEDED BY THE SECTOR COULD NOT BE GENERATED IN THE PUBLIC SECTOR DOMAIN ONLY

THROUGH A BIDDING PROCESS LICENSES FOR FIXED LINE SERVICE AND MOBILE SERVICES WERE GIVEN OUT TO PRIVATE OPERATORS IN VARIOUS CIRCLES

A REVIEW FIVE YEARS LATER CONCLUDED THAT MAJOR CHANGES IN APPROACH WERE NECESSARY BECAUSE THE RESULTS ACHIEVED WERE NOT QUITE SATISFACTORY

NTP 99

THE KEY ELEMENTS OF THIS POLICY INCLUDED:

INTRODUCTION OF REVENUE SHARE REGIME IN PLACE OF UPFRONT PAYMENT OF LICENSE REGIME

INTRODUCTION OF CONCEPT OF CONVERGENCE THROUGH REDEFINING OF LICENSE CATEGORIES SUCH AS ACCESS SERVICES LICENSE, ETC.

CHANGEOVER FROM DUOPOLY REGIME IN WIRELESS MOBILE SERVICES TO MULTIPLE OPERATOR REGIME

FORMALLY DEFINING THE CONCEPT OF UNIVERSAL SERVICE AND UNIVERSAL SERVICE LEVY

IN 2003 AN AMENDMENT WAS CARRIED OUT AND THE CONCEPT OF TECHNOLOGY NEUTRALITY IN MOBILE SERVICES WAS ADDED TO THE POLICY

BASED ON TRAI RECOMMENDATIONS, THE CONCEPT OF UNIFIED LICENSING WAS ACCEPTED AND LICENSE CATEGORY OF UNIFIED ACCESS SERVICE LICENSE WAS INTRODUCED AS A FIRST STEP

BROADBAND POLICY 2004

KEY ELEMENTS OF THIS POLICY ARE:

THE IDENTIFICATION OF TECHNOLOGIES WHICH COULD BE USED IN THE COUNTRY FOR PROMOTING BROADBAND PENETRATION

SETTING DOWN OBJECTIVES AT VARIOUS TIMELINES

DOT IS HAVING A RELOOK AT THE POLICY IN VIEW OF ITS INADEQUATE SUCCESS

BROADBAND POLICY REVIEW IS BEING DONE ON THE BASIS OF RECOMMENDATIONS RECEIVED FROM THE REGULATOR IN DECEMBER 2010.

KEY FEATURES ARE:

POTENTIAL USERS HAVE INADEQUATE PERCEPTION OF UTILITY OF BROADBAND

WIRELESS BASED BROADBAND SERVICES ARE NOT AVAILABLE

HUGE POTENTIAL EXISTS FOR EXPLOITATION OF BROADBAND FOR e-EDUCATION, e-HEALTH, e-COMMERCE, e-BANKING, e-GOVERNANCE, e-ENTERTAINMENT AND SOCIAL NETWORKING

FRESH HIGHLY AGGRESSIVE TARGETS (75 MILLION BY 2012 AND 160 MILLION BY 2014) HAVE BEEN SUGGESTED

RECOMMENDATION IS TO CREATE NATIONWIDE OFC NETWORK PARTLY FUNDED FROM USO FUND

POLICIES GOVERNING IT SECTOR

THE DEPARTMENT OF INFORMATION TECHNOLOGY DRAWS UP POLICIES RELATING TO THE IT AND ELECTRONICS SECTOR ISSUES RELATING TO INTERNET, CYBER LAWS AND ADMINISTRATION OF THE IT ACT AND ALL LAWS RELATING TO IT ARE COVERED IT ALSO LOOKS AFTER STANDARDISATION, TESTING AND QUALITY ASSURANCE IN IT INDUSTRY.

THE POLICIES HAVE BEEN FORMULATED TO ENSURE e-DEVELOPMENT OF THE COUNTRY THROUGH INFRASTRUCTURE CREATION FOR e-GOVERNANCE AND PROMOTION OF ELECTRONICS, INFORMATION TECHNOLOGY AND IT ENABLED SERVICES (“ITeS”)

POLICIES HAVE BEEN DRAWN UP TO PROMOTE e-MEDICINE, e- EDUCATION AND e-SECURITY

THE INITIAL THRUST IN THE IT POLICIES WAS THE PROMOTION OF ITeS, INCLUDING BPO INDUSTRY DEVELOPMENT AND SOFTWARE DEVELOPMENT AND EXPORT

A MAJOR POLICY THRUST WAS THE SETTING UP OF SOFTWARE TECHNOLOGY PARKS (“STPS”) WHICH PROVIDED THE NECESSARY INFRASTRUCTURE FOR SOFTWARE AND ITeS DEVELOPMENT

POLICY INITIATIVES WERE ALSO TAKEN TO DEVELOP HIGHLY TRAINED MANPOWER AND COMMERCIAL POLICIES THAT AIDED THE GROWTH OF THE IT SECTOR

THE THRUST OF THE IT POLICY FRAMEWORK IS NOW AROUND THE DEVELOPMENT OF e-GOVERNANCE

AN ELABORATE NATIONAL e-GOVERNANCE PLAN (“NeGP”) HAS BEEN DRAWN AND SINCE ITS APPROVAL BY THE GOVERNMENT IT SERVES AS THE POLICY FRAMEWORK FOR THE IT SECTOR

THE KEY CONSIDERATION IN THE POLICY FORMULATION FOR ACHIEVING e-GOVERNANCE IMPLEMENTATION ACROSS THE VARIOUS ARMS OF GOVERNMENT AT NATIONAL, STATE AND LOCAL LEVELS IS THAT FOR SUCH A VASTLY SPREAD OUT AND GIGANTIC TASK, IT IS ESSENTIAL TO HAVE A ‘PROGRAMME APPROACH’ GUIDED BY A COMMON VISION AND STRATEGY

27 MISSION MODE PROJECTS COVERING AREAS SUCH AS BANKING, PASSPORT, INSURANCE, AGRICULTURE, e-PROCUREMENT, ETC THROUGH STATE DATA CENTRES, STATE WIDE AREA NETWORKS (“SWANS”) AND CUSTOMER SERVICE CENTRES HAVE BEEN TAKEN UP

REGULATORY FRAMEWORK IN TELECOM SECTOR

SINCE 1997, WHEN THE TELECOM REGULATORY AUTHORITY OF INDIA ACT 1997 WAS PASSED BY THE PARLIAMENT, THE TELECOM SECTOR IS REGULATED BY A STATUTORY INDEPENDENT BODY NAMELY TRAI WITHIN THE FRAMEWORK OF POLICIES DETERMINED BY THE GOVERNMENT THROUGH THE DEPARTMENT OF TELECOM (DOT)

GOVERNMENT DECIDED TO SEPARATE THE QUASI JUDICIAL FUNCTIONS OF TRAI AND IN 2000 IT AMENDED THE TRAI ACT 1997

THE QUASI JUDICIARY POWERS OF TRAI WERE TAKEN OUT AND VESTED THEM IN A SEPARATE APELLATE BODY CALLED TELECOM DISPUTE SETTLEMENT AND APELLATE TRIBUNAL (TDSAT)

AS A RESULT THE PRESENT REGULATORY FRAMEWORK IN TELECOM SECTOR CONSISTS OF TWO BODIES NAMELY TRAI AND TDSAT

TRAI FUNCTIONS INCLUDE EITHER THOSE REGARDING WHICH IT HAS POWERS OF RECOMMENDATION ONLY OR THOSE WHERE IT IS THE FINAL AUTHORITY SUBJECT TO PARLIAMENTARY REVIEW

IN EITHER CASE THE NORMAL OPERATING PROCEDURE OF TRAI IS THROUGH THE PROCESS OF PUBLIC CONSULTATION IN LINE WITH THE PROVISIONS OF THE ACT WHICH INSIST UPON TOTAL TRANSPARENCY OF THE DECISION MAKING PROCESS

POWERS OF RECOMMENDATION ONLY. MOSTLY RELATES TO POLICY AND LICENSING ISSUES AND COVERS ISSUES SUCH AS NEED AND TIMING FOR THE INTRODUCTION OF NEW SERVICE PROVIDER, TERMS AND CONDITIONS OF SERVICE PROVIDER LICENSE AND REVOCATION OF THE LICENSE IF SOME

TERMS AND CONDITIONS ARE VIOLATED, MEASURES TO

PROMOTE COMPETITION, EFFICIENT MANAGEMENT OF SPECTRUM

AND SOME TECHNOLOGY RELATED ISSUES

TRAI AS FINAL AUTHORITY

INCLUDES ISSUES SUCH AS ENSURING COMPLIANCE OF LICENSE

CONDITIONS, INTERCONNECTION ISSUES, REVENUE SHARING BETWEEN OPERATORS, LAYING DOWN QOS STANDARDS AND NORMS, ENSURING EFFECTIVE COMPLIANCE OF UNIVERSAL SERVICE

OBLIGATION, LEVYING FEES AND OTHER CHARGES AND

DETERMINING THE RATES THROUGH REGULATION, ETC.

THE MAIN TASK ASSIGNED TO THE TDSAT IS TO ADJUDICATE ANY DISPUTE BETWEEN A LICENSOR (DOT) AND A LICENSEE, BETWEEN TWO OR MORE SERVICE PROVIDERS OR BETWEEN A SERVICE PROVIDER AND A GROUP OF CONSUMERS. THE OTHER MAJOR TASK ASSIGNED IS TO HEAR AND DISPOSE OF APPEAL AGAINST ANY DIRECTION, REGULATION, DECISION OR ORDER OF TRAI

REGULATORY FRAMEWORK IN INFORMATION TECHNOLOGY

SECTORIN THE INFORMATION

TECHNOLOGY SECTOR THERE IS NO SEPARATE REGULATOR AND THE DEPARTMENT OF INFORMATION TECHNOLOGY PERFORMS THE REGULATORY FUNCTIONS.

GUIDANCE IS PROVIDED BY THE IT ACT