TRAI releases Recommendations on Telecommunication

News Excerpt:

Telecom Regulatory Authority of India (TRAI) has released recommendations on 'Telecommunication Infrastructure Sharing, Spectrum Sharing, and Spectrum Leasing'.

The salient features of the recommendations are as follows:

  • Telecommunication service licensees should be allowed to share the passive infrastructure such as buildings, towers, electrical equipment including battery and power plant, dark fiber, duct space, Right of Way, etc. owned, established, and operated by them under the respective licenses with all types of telecommunication service licensees.
  • Telecommunication service licensees should be allowed to share all types of active infrastructure elements owned, established, and operated by them under respective licenses with all types of telecommunication service licensees as per the scope of their services.
  • In the future projects of the Universal Service Obligation Fund (USOF) under the Indian Telegraph Act, 1885 (or Digital Bharat Nidhi under the Telecommunications Act, 2023), DoT should include a provision in the agreement with the Universal Service Provider (USP) that the USP shall not refuse to share the passive infrastructure laid under the project to at least two other telecom service providers on a transparent and non-discriminatory basis.
  • In the already assigned USOF projects, DoT should explore the feasibility of issuing instructions to such USPs that the USP shall not refuse to share the passive infrastructure laid under the project with at least two other telecom service providers on a transparent and non-discriminatory basis.
  • In the interest of consumers, a telecom service provider that has built mobile network infrastructure in remote and far-flung areas of the country with full or partial funding from the Government under USOF (or Digital Bharat Nidhi) should be mandated to allow roaming to other TSPs on its network in such remote and far-flung areas initially for a period of three years.
  • Inter-band access spectrum sharing between access service providers [which may be implemented either by way of pooling of access spectrum held by the participating access providers in different frequency bands through common radio access networks or by way of allowing the partnering access service providers to use the radio access networks of each other operating in the shared frequency band(s)] in an LSA should be permitted.
  • The DoT should explore the possibility of implementing authorized shared access (ASA) technique-based spectrum sharing in India, under which the spectrum assigned to Government agencies or other entities (non-TSPs) in the globally harmonized spectrum bands for IMT services can be assigned to access service providers as secondary users.
    • A field trial of ASA technique-based spectrum sharing between the willing access service providers should be conducted under the supervision of DoT.
    • The leasing of access spectrum should be permitted among access service providers.

Telecom Regulatory Authority of India:

  • The Telecom Regulatory Authority of India (TRAI) was established with effect from 20th February 1997 by an Act of Parliament, called the Telecom Regulatory Authority of India Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government.
  • TRAI's mission is to create and nurture conditions for growth of telecommunications in the country in a manner and at a pace which will enable India to play a leading role in emerging global information society.
  • One of the main objectives of TRAI is to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.
  • In pursuance of above objective TRAI has issued from time to time a large number of regulations, orders and directives to deal with issues coming before it and provided the required direction to the evolution of Indian telecom market from a Government owned monopoly to a multi operator multi service open competitive market.
  • The directions, orders, and regulations issued cover a wide range of subjects, including tariff, interconnection, quality of service, and the governance of the Authority.
  • The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and dispute functions from TRAI
    • TDSAT was set up to adjudicate any dispute between a licensor and a licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any direction, decision or order of TRAI.

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