TRAI Recommends Network Authorisation Modalities for Telecom Act 2023

New Delhi, Feb 17 (PTI) TRAI on Monday said the Centre should grant network authorisations under Telecommunications Act, 2023 instead of entering into an agreement with the entity, as the regulator spelt out detailed recommendations on modalities of such network authorisations -- ranging from infrastructure provider to Satellite Earth Station Gateway (SESG) provider and Mobile Number Portability (MNP) provider.

Telecom Regulatory Authority of India (TRAI) said its recommendations are aimed at fostering growth and enhancing ease of doing business in the telecom sector.

TRAI recommended fees for various network authorisations -- varying from Rs 10,000 application processing fee for infrastructure provider all the way to Rs 10,000 application processing fee, Rs 50,00,000 entry fee, Rs 40,00,000 bank guarantee and 1 per cent adjusted gross revenue in case of MNP provider.

For SESG provider, the application processing fee is prescribed at Rs 10,000 and entry fee at Rs 10,00,000.

TRAI said each network authorisation to be granted by the central government under the Telecommunications Act, 2023 should be in the form of an authorisation document, containing essential elements of network authorisation.

"The Central Government should grant network authorisations under Section 3(1)(b) of the Telecommunications Act, 2023 instead of entering into an agreement with the entity," TRAI said in its recommendations.

It further said the central government should introduce Infrastructure Provider (IP) Authorisation and that any entity intending to establish, operate, maintain, or expand dark fibers, right of way, duct space and towers should obtain IP Authorisation from the Centre.

Further, any entity intending to establish, operate, maintain, or expand wireline access network, radio access network (RAN), transmission links, and Wi-Fi systems should obtain Digital Connectivity Infrastructure Provider (DCIP) authorisation from the central government, it said.

"DCIP-authorised entities may provide wireline access network, radio access network (RAN), transmission links, Wi-Fi systems, and In-Building Solution (IBS) to the entities authorise under Section 3(1)(a) of the Telecommunications Act, 2023. DCIP authorised entities may also provide dark fibers, right of way (RoW), duct space, and towers to the entities authorised under...the Telecommunications Act, 2023," it said.

According to TRAI recommendations, the establishment, operation, maintenance, and expansion of Content Delivery Networks (CDNs) should be authorisation-exempt under Section 3(3) of the Telecommunications Act, 2023.

"The Central Government should introduce Internet Exchange Point (IXP) Authorisation under Section 3(1)(b) of the Telecommunications Act, 2023. Any entity intending to establish, operate, maintain, or expand Internet Exchange Points (IXPs) in India should obtain IXP Authorisation from the Central Government," it said.

TRAI suggested that the Centre introduce Satellite Earth Station Gateway (SESG) Provider Authorisation under Telecommunications Act, 2023. Any entity intending to establish, operate, maintain, or expand satellite earth station gateway (SESG) in India should be required to obtain SESG Provider Authorisation from the central government.

The establishment, operation, maintenance, and expansion of the certain categories of ground stations (as envisaged in the Norms, Guidelines and Procedures for Implementation of Indian Space Policy-2023 in respect of Authorisation of Space Activities (NGP) issued by IN-SPACe in May 2024) should be authorisation-exempt in terms of Telecommunications Act, 2023.

These categories include Satellite Control Centre (SCC); Telemetry, Tracking and Command; Mission Control Centre (MCC); Remote Sensing Data Reception Station; Ground Station for supporting operation of space-based services such as Space Situational Awareness (SSA), Astronomical, space science or navigation missions, among others.

TRAI mooted that any entity intending to establish, operate, maintain, or expand cloud-hosted telecommunication network should obtain Cloud-hosted Telecom Network (CTN) provider authorisation from the central government.

"The Central Government should introduce Mobile Number Portability (MNP) Provider Authorisation under Section 3(1)(b) of the Telecommunications Act, 2023," it said.

The scope of such authorisation would entail establishment, operation, maintenance, and expansion of a telecommunication network for providing MNP to the entities authorised to provide Access Service under the Telecommunications Act, 2023; and provision of location routing number (LRN) update to all entities authorised to provide access service, NLD service and ILD service.

The sector regulator believes there is a need to introduce Captive Non-Public Network (CNPN) provider authorisation with the scope of establishing, maintaining, operating and expanding CNPN networks for enterprises. In case the central government accepts this recommendation, it may seek the recommendations of TRAI on the detailed terms and conditions for such an authorisation, it said.

"Prima facie, there is a need for introducing a cable landing station (CLS) provider authorisation with a broad scope of providing access facilitation to the essential facilities at cable landing station, and co-location to facilitate access to the cable landing station to the eligible service authorised entities. In case the Central Government deems it fit, it may send a reference to the Authority for exploring the need for CLS provider authorisation under...Telecommunications Act, 2023 and the terms and conditions thereof," TRAI said.