INDIA Law and Practice Contributed by: Shivalik Chandan, Hardik Choudhary, Dhruv Singh and Arjun Khurana, G&W Legal
tion for telecommunications services, right of way, critical telecommunications infrastructure, government interception powers, reduced pen - alties, protection against unsolicited commer - cial communication, and a grievance redressal mechanism. Not all provisions of the Telecom Act are currently in force, particularly those related to registration and telecoms licences, which continue to be regulated under the previ - ous laws. The Telecom Act provides a broad definition for “telecommunications services” as any service for telecommunications, and this potentially covers all existing technologies and services in the industry. This includes traditional voice com - munication (mobile and landline phones), data services (internet and broadband), broadcasting services (radio and television), satellite commu - nication/internet, and OTT services (VoIP, mes - saging and streaming). Pre-Market Requirements The DoT holds the authority to issue telecoms licences under the Telegraph Act and Wireless Telegraphy Act. Following the National Tele - com Policy 2012, the DoT now grants “unified” licences covering multiple telecommunications services, including access services, internet services, and national and international long- distance services. Only companies registered under the Indian Companies Act may apply for a unified licence. There are prescribed minimum net worth and equity requirements, along with an entry fee and a bank guarantee. India’s Foreign Direct Investment (FDI) policy allows up to 100% FDI in telecoms entities, but security clearance from the Ministry of Home Affairs is mandatory before such investments.
Upon the granting of a licence, the service pro - vider must pay an annual licence fee for each service area and authorised service, calculated as a percentage of the company’s adjusted gross revenue. Licences are issued for 20 years, with the option to renew for ten years at a time upon payment of a renewal fee. The DoT also conducts periodic auctions to pro - vide telecoms companies with access to radio spectrums for operating telecoms networks. This process is separate and independent from the licence acquisition process. Once the Telecom Act’s relevant provisions are enforced, telecoms licences will fall under the new law, and spectrum assignment will mainly occur through auctions (except for certain spe - cific purposes, as listed, for which assignment will be done through an administrative process). Security Requirements In November 2024, the government gave notice of The Telecommunications (Telecom Cyber Security) Rules, 2024, which establish a com - prehensive framework to enhance the cyberse - curity of India’s telecommunications infrastruc - ture. These rules require telecoms providers to implement robust cybersecurity measures, report security incidents promptly, and con - duct regular compliance audits. Key provisions include the mandatory appointment of a chief telecommunication security officer (CTSO) and enabling government agencies to monitor traffic
data to ensure network security. 6.2 Net Neutrality Regulations
India has implemented regulations to ensure net neutrality, requiring internet service provid - ers (ISPs) to treat all data equally without dis - crimination. The Telecom Regulatory Authority of India (TRAI) and the DoT are the primary agen -
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