ARTICLE
4 October 2024

Newsletter | Telecommunications | 17th Edition (April – June 2024)

J
JSA

Contributor

JSA is a leading national law firm in India with over 600 professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai and New Delhi. Our practice is organised along service lines and sector specialisation that provides legal services to top Indian corporates, Fortune 500 companies, multinational banks and financial institutions, governmental and statutory authorities and multilateral and bilateral institutions.
The Department of Telecommunications ("DoT"), vide notification dated March 19, 2024 (published by DoT in April 2024), allowed the use of paper based Know Your Customer ("KYC") process in certain exceptional cases.
India Media, Telecoms, IT, Entertainment

Use of paper based Know Your Customer process in exceptional cases

The Department of Telecommunications ("DoT"), vide notification dated March 19, 2024 (published by DoT in April 2024), allowed the use of paper based Know Your Customer ("KYC") process in certain exceptional cases. The DoT, in its letter dated December 5, 2023, had previously instructed all licensees to discontinue the use of paper-based KYC process starting January 1, 2024. Subsequently, DoT received requests to allow paper based KYC in exceptional cases where digital KYC or Aadhaar based e-KYC processes cannot be used due to technical limitations or inconvenience faced by the subscribers.

Therefore, DoT notified that paper-based KYC process, as mentioned in its previous instructions dated August 9, 2012, may be used in exceptional cases for issuing new mobile connections or Subscriber Identity Module ("SIM") replacement. This exception is applicable to the subscribers in case the subscribers are persons with disability or dignitaries under the Calling Line Identification Restriction guidelines. It is also applicable for subscribers on international roaming requiring SIM swapping, and in exceptional cases of mobile number portability or reconnection, subject to the approval of the concerned Licensed Service Area ("LSA") units of DoT.

The details of cases where paper-based KYC processes are used are required to be separately provided to the respective LSA units on monthly basis for audit. The LSA units are required to conduct Customer Acquisition Form audits of these cases.

Temporary suspension of Unstructured Supplementary Service Data based call forwarding facility

DoT, vide notification dated March 28, 2024 (published by DoT in April 2024), instructed all Unified Access Service licensees, Unified License holders (having Access Service Authorization ("ASA")) and Unified License (Virtual Network Operators) licensees to discontinue the existing Unstructured Supplementary Service Data ("USSD") based call forwarding services with effect from April 15, 2024.

The DoT observed misuse of the USSD based call forwarding facility for unwarranted purposes. Consequently, all existing subscribers who have activated USSD based call forwarding services must reactivate the services through alternative methods. This measure ensures that the services are not activated without the subscriber's notice or consent.

Encouraging innovative technologies, services, use cases and business models through regulatory sandbox in the digital communication sector

To promote development and innovation in the telecommunications sector with the new technological developments, various competing technologies, number of probable product/service/application ("Products") providers and constantly evolving requirements; the DoT, in a letter dated March 10, 2023 ("DoT Letter"), had sought the recommendations of Telecom Regulatory Authority of India ("TRAI") on the framework for Regulatory Sandbox ("RS") ("Framework") for emerging technologies, services, and business models in the Digital Communication ("DC") sector. In response to the DoT Letter, TRAI published a consultation paper on June 19, 2023, for comments of the stakeholders followed by an open house discussion.

After analysing the responses received from the stakeholders, TRAI vide notification dated April 12, 2024, made the following recommendations on the encouraging innovative technologies, services, use cases and business models through RS in DC sector ("RS Recommendations"):

  1. the RS Recommendations issued are aligned with the Telecommunications Act, 2023 ("Telecom Act"), which defines RS;
  2. in addition to the existing offline, laboratory and wireless testing zones, the Framework establishes a live network environment for Product testing for the DC industry's start up ecosystem;
  3. any licensed Telecom Service Provider ("TSP") can be a principal applicant ("PA") under the Framework and is eligible for testing the RS subject to the conditions laid down in the Framework. The entities willing to utilise the RS facility are required to engage with the PA as an applicant;
  4. an essential condition for testing under RS is that only Indian nationals and Indian entities are eligible to utilise the RS testing facility and the Products intended to be tested in the RS will require to undergo prior testing in offline/ laboratories/ wireless testing zones by the PA;
  5. the PA/ applicant is required to submit the exemptions sought for testing, the period of testing and scope of testing to the DoT. The DoT may permit a PA with a list of generic exemptions applicable to RS testing, for multiple use cases, contingent on the fulfilment of specified conditions that are prescribed;
  6. the Products are required to have proper risk management strategy to mitigate any risks that can be caused by testing in a live environment. The PA/ applicant is required to demonstrate how consumer interests will be protected during testing and any consumer's personal data handled during the course of testing will be in alignment with the Digital Personal Data Protection Act, 2023 and all applicable rules and regulations;
  7. the testing parameters and all essential details must be closely monitored and evaluated. The PA/applicant is required to submit a clear exit strategy that outlines the process of testing and exiting phase;
  8. the Framework lays down additional conditions for utilising the RS which states that all PAs/applicants are required to keep record of all testing steps/data/consent records for the period not less than 1 (one) year after exit from the RS environment. The data generated during RS testing should be stored and disposed of in a secure manner. The DoT reserves the right to publish any relevant or generic information regarding the RS applicants without compromising any proprietary/intellectual property rights related information;
  9. the permission granted under the RS will be valid for a period up to 12 (twelve) months. Commercial usage of the Product under testing is not permitted. The validity period can be extended further or terminated prior to completion of the period granted; and
  10. the DoT may consider eligibility of Products for testing to get funding support for testing under the Framework, in accordance with the Telecom Act. However, the final decision to provide such a funding support will rest with the authority governing the Digital Bharat Nidhi.

Telecommunication infrastructure sharing, spectrum sharing and spectrum leasing

The DoT and the Ministry of Communications, Government of India vide letter dated December 7, 2021, sought the recommendations of TRAI to permit the sharing of core network elements among telecommunication operators. Currently, the Unified License agreement permits the sharing of (a) active infrastructure such as antenna, feeder cable, Node B, Radio Access Network, transmission system, (b) Wi-Fi infrastructure such as Wi-Fi router, Access Point, and (c) backhaul. Considering the capital-intensive nature of the telecom services industry, it becomes essential to formulate a model which enables TSPs to share active, passive and core infrastructure so as to reduce capital and operating expenditure and maximise network capacity and capabilities.

In response to the reference received from the DoT's, TRAI published a consultation paper on January 13, 2023, for comments of the stakeholders followed by an open house discussion.

After analysing the responses received from the stakeholders, TRAI vide notification dated April 24, 2024, has made the following recommendations on telecommunication infrastructure sharing, spectrum sharing and spectrum leasing ("Infrastructure Sharing Recommendations"):

  1. TSPs will be allowed to share passive infrastructure such as building tower, 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 TSPs;
  2. TSPs will be permitted to share all types of active infrastructure elements, 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 licensees;
  3. the DoT will review the stand-alone TSP licenses to include a provision for the sharing of active and passive infrastructure for providing authorised services;
  4. in the future projects of the Universal Service Obligation Funds ("USOF"), DoT is suggested to include a provision in the agreement with the Universal Service Provider ("USP") that it cannot refuse to share the passive infrastructure laid under the project to at least 2 (two) other TSPs on a transparent and non-discriminatory manner. The sharing of active infrastructure laid under USOF projects will be voluntary and based on mutual agreements;
  5. with the consent of the government, TSPs having mobile network infrastructure in the remote and far-flung areas of the country with full or partial funding from the USOF are mandated to provide roaming facility to other TSPs on its network in such remote locations for a period of 3 (three) years, which may be further extended by the government or TRAI. The DoT will identify and notify such remote and far-flung locations in the country and the TRAI will establish the regulatory framework for roaming charges among TSPs in these areas while protecting the interests of the USPs;
  6. the frequency spectrum proposed to be shared by the Access Service Providers ("ASP") will be acquired through spectrum auction or spectrum trading, and the respective ASPs will pay the market price for their acquisition;
  7. if a TSP involved in the inter-band spectrum sharing plans to acquire additional access spectrum through a future auction, it should be allowed to participate despite the spectrum cap restrictions. This is conditional upon the TSP providing an undertaking to reduce its spectrum holding to comply with the cap within 1 (one) year from the date of assignment of the access spectrum through auction;
  8. the TSPs involved in inter-band spectrum sharing will be required to pay a mandatory non-refundable inter-band spectrum fee to the government. This fee can be calculated at 0.5% of the applicable market price of the frequency spectrum shared by the partnering TSP pro-rated for the period of spectrum sharing;
  9. the DoT will explore the possibility of Authorised Shared Access technique-based spectrum sharing in India, pending government approval; and
  10. TSPs leasing spectrum will be required to pay the government a non-refundable leasing fee of 1% of the transaction amount of the spectrum leasing or 1% of the applicable market price based on the principles of the Notice Inviting Auctions for auction of spectrum for the population of the area for which spectrum has been leased and the term of such spectrum leasing, whichever is higher.

Directions for the standards of quality of service of basic telephone service (wireline) and Cellular Mobile Telephone Service Regulations, 2009, regarding the submission of details of base stations

TRAI vide notification dated April 26, 2024, issued directions regarding the submission of details of base stations.

All service providers are required to submit compliance reports comprising of the details of the quality of services provided by them in the format prescribed by TRAI and submit details of base stations and Drop Call Rate ("DCR") matrix within 21 (twenty-one) days from the end of each quarter.

TRAI has observed that the present format for submission of details of base stations does not include the details of the date of commissioning or decommissioning of base stations, the details of type of connectivity for each base station and the details of 5G base stations and cells. Considering the importance of these details in analysing the DCR matrix, TRAI has decided to revise the prescribed format previously issued for the submission of the details of base stations, to include these details.

Norms, guidelines and procedures for implementation of Indian Space Policy-2023 in respect of authorization of space activities

On May 3, 2024, the Indian National Space Promotion and Authorization Center ("IN-SPACe"), under the Department of Space, Government of India notified the "Norms, Guidelines and Procedures for Implementation of Indian Space Policy-2023 in respect of Authorization of Space Activities (NGP)" ("NGP"), in furtherance to the Indian Space Policy-2023. It laid down the range of space activities which require authorisation from IN-SPACe, the necessary criteria for granting authorization, the application templates for obtaining authorization and the necessary conditions/ guidelines to be adhered to by an applicant for obtaining the authorization.

The NGP aims to liberalize the space sector and enhance the participation of private parties/ non-government entities in activities ranging from building and launching satellites to setting up of ground stations and sharing of remote sensing data. It is expected to complement the government's endeavour in providing predictable regulatory regime, transparency, and ease of doing business in Indian space sector.

For further details, please refer to the JSA Prism (Telecommunications) of May 8, 2024.

Additional KYC instructions with respect to business connections

On May 20, 2024, the DoT issued a notification elaborating upon the additional KYC instructions with respect to business connections issued by Unified License and Unified Access Services Licensees ("UL/ UAS Licensees") ("New Instructions") in continuation to the instructions issued earlier vide letter dated August 31, 2018 ("Previous Instructions"), which discontinued bulk connections and instead introduced business connections.

The New Instructions set out the below instructions regarding new business connections:

  1. in case business connections are obtained for purposes where end users are not identifiable, such as SIMs obtained for research and development and testing activities, the requirement for end user KYC is optional. These connections are to be issued by the employees of the UL/UAS Licensees;
  2. the UL/UAS Licensees are required to obtain an undertaking from the subscribing entity, detailing the use case scenarios of these business connections and establishing that they do not have any end users;
  3. the UL/UAS Licensees should verify that the proposed use case scenarios detailed by the subscribing entities are realistic and also physically verify the entity's address and premises. The UL/UAS Licensee must further communicate in writing with the subscribing entity, detailing the responsibility of the bonafide usage of business connections. If any entity is found misusing the business connections, those business connections will be immediately disconnected;
  4. the UL/UAS Licensees must provide business connections with limited calling and messaging facility for a specific validity period of maximum 1 (one) year per the use case scenario submitted in the undertaking. Post the expiry of the validity period, the entity has the option to renew the connection. At such time, the UL/UAS Licensee reviews the previous usage of the business connection as well as its proposed usage for the upcoming period;
  5. a UL/UAS Licensee is required to limit the issuance of such business connections to 100 (one hundred) per entity. These connections are prohibited from using for machine-to-machine ("M2M") communication services;
  6. the comprehensive list of business connections along with the details of restrictions placed on them is required to be provided separately to the LSAs on a monthly basis for audit. It is also required to be provided to the law enforcement agencies as and when sought;
  7. the license conditions applicable to 'bulk connections' and 'bulk users' are applicable mutatis mutandis for 'business connections' and 'business users';
  8. the resale of SIMs by the subscribing entity of business connections is not permitted; and
  9. the terms and conditions laid down in paragraph 3 of the Previous Instructions should remain valid and applicable to business users. Paragraph 3 describes the procedure for obtaining business connections and the documents to be submitted for its application process. It further lays down certain mandatory conditions on the UL/UAS Licensees for providing business connections such as the compulsory physical verification of subscribing entity's premises at regular intervals and the disconnection of business connections in case the subscribing entity ceases to function or surrenders its registration.

TRAI – Meeting of Joint Committee of Regulators

On May 22, 2024, a meeting of Joint Committee of Regulators ("JCoR") was convened by TRAI. The meeting was attended by the representatives from the Reserve Bank of India ("RBI"), Securities and Exchange Board of India ("SEBI"), Ministry of Consumer Affairs, and TRAI, as the members of JCoR, and the DoT and Ministry of Home Affairs as special invitees. JCoR is a collaborative initiative by TRAI to study regulatory implications in the digital world and to jointly work on regulations to tackle arising issues.

Unsolicited Commercial Communication ("UCC") is a public inconvenience which impinges the privacy of individuals. UCC is being misused for fraudulent purposes and in the meeting, JCoR discussed various collaborative approaches to curb UCC concerns and fraudulent activities committed though telecom resources.

The issues discussed in the meeting were as follows:

  1. the use of unauthorized 10 (ten) digit mobile numbers and landline numbers for UCC;
  2. the use of 140 series phone numbers by entities making commercial communications using telecom resources ("Principal Entities") for promotional calls;
  3. the use of 160 series phone numbers by Principal Entities for making service and transactional calls for their easy identification by customers;
  4. role of Principal Entities, especially those in the banking, financial services, and insurance sectors, in prevention of UCC calls and messages;
  5. acquiring digital consent from customers for receiving UCC, through the Digital Consent Acquisition ("DCA") system established by TSPs using one-time-passwords from customers. The DCA system also permits revocation of consent given by the customers;
  6. whitelisting of Uniform Resource Locators ("URLs"), Android Application Packages ("APKs"), Over-The-Top links and call back numbers in content templates used for UCC;
  7. strengthening of KYC processes for curbing fraudulent activities using telecom resources; and
  8. sharing of information through platforms.

Allocation of separate numbering series exclusively for service and transactional voice calls as per Telecom Commercial Communications Consumer Preference Regulation Act, 2018 notified under TRAI Act, 1997

On May 28, 2024, the DoT issued a notification allocating the 160 series numbers exclusively for service and transactional voice calls as per the Telecom Commercial Communications Consumer Preference Regulation Act, 2018 ("TCCCPR").

The notification provides that the 160 series numbers will be reserved for Principal Entities under the ambit of Central and State governments and regulators, and the 161 series numbers will be reserved for Principal Entities which are under the ambit of financial entities regulated by the RBI, SEBI, the Pension Fund Regulatory and Development Authority ("PFRDA") and the Insurance Regulatory and Development Authority of India ("IRDAI"). Specific number series have been allocated for the digits following 160 and 161 which will denote the LSAs and the TSPs assigning the numbers to the entities.

The TSPs are required to undertake adequate verification of the entities seeking assignment under the 160 series numbers along with an undertaking from the entities stating that the numbers have been assigned to them exclusively for service and transactional voice calls, as per the TCCCPR. The TSP must clearly communicate to the entities that the entities will be solely responsible for the proper and bona fide use of the assigned numbers. Furthermore, the TSPs must assign only 10 (ten) digit numbers in the 160 series numbers.

Clarification in respect of use of 10 (ten) digit SIMs in M2M Communication

On June 14, 2024, the DoT issued a notification regarding the 'Clarification in respect of use of 10 (ten) digit SIMs in M2M Communications' after receiving various representations from UL/UAS Licensees (having ASA) informing that some authorities, entities and system integrators have requested them to provide 10 (ten) digit SIMs for M2M communications for specific use cases so as to do away with the end user KYC requirements as laid down in the 'Amendment/addendum to the existing instructions issued by DoT for adequate verification of customers before enrolling them as subscribers and other subscriber verification related matter' instructions dated August 31, 2023. These instructions discontinued the process of issuing bulk category mobile connections and introduced business connections in their place and had further laid down the KYC requirements for issuing these business connections. These instructions also laid down certain situations where the KYC requirements need not be adhered to. These instructions are not applicable to 13 (thirteen) digit M2M SIMs.

The DoT clarified that UL/UAS Licensees can only issue 13 (thirteen) digit SIMs for new connections for M2M communications purposes issued post October 1, 2018. Furthermore, it has been clarified that SIMs for M2M communications are required to be issued based on the 'Instructions for implementing restrictive features for SIMs used only for M2M communication services ("M2M SIMs") and related KYC instructions for issuing M2M SIMs to the entity/organization providing M2M SIMs under bulk category and instructions for Embedded-SIMs (e-SIMs)' dated May 16, 2018. These instructions lay down the restrictive features to be imposed on SIMs issued for M2M communication purposes and the KYC requirements for issuing these SIMs.

TRAI meeting with Access Providers, RBI, SEBI, IRDAI, banks and other financial entities

On June 14, 2024, TRAI convened a meeting which was attended by representatives from the RBI, SEBI, IRDAI, and more than 25 (twenty-five) banks and other financial institutions including government, private and global banks, members of Association of National Exchanges Members of India and all TSPs.

The key points deliberated upon in the meeting were as follows:

  1. on the recommendation of TRAI, 160 series numbers has been allocated exclusively for transactional and service voice calls for entities regulated by RBI, SEBI, IRDAI and the PFRDA. This was implemented to aid the easy identification of the calling entity and to prevent duping of customers by fraudsters. The meeting discussed the effective utilization of this series. The meeting also discussed the migration of the 140 series, presently used for the purpose of making promotional calls, to Distributed Ledger Technology platform and scrubbing of digital consent. These 2 (two) measures are expected to substantially control spam calls from 10 (ten) digit numbers;
  2. the DCA facility established by TSPs under the TCCCPR was discussed in detail. This facility enables customers to provide digital consent for receiving commercial communications and enables senders such as banks, insurance companies and other such entities to send promotional communications over voice calls and messages to customers irrespective of their Do-Not-Disturb status;
  3. the role and obligations of senders such as banks, insurance companies and other such entities regarding TRAI regulations was also discussed. It was decided to whitelist URLs and APKs in the content templates, and to minimize the number of headers and content templates used. It was further decided that immediate action is to be taken against entities in cases of misuse of senders' credentials; and
  4. finally, it was discussed that all the banks, regulators and other financial institutions need to collaborate to curb the menace of spam.

Telecommunication Consumers Education and Protection Fund (Sixth Amendment) Regulations, 2024

The Telecommunications Consumers Education and Protection Fund Regulations, 2007, ("Principal Regulations") provided the basic framework for depositing unclaimed money of consumers by TSPs, the maintenance of the Telecommunication Consumers Education and Protection Fund ("Fund") and other related aspects. The Telecommunication Consumers Education and Protection Fund (Sixth Amendment) Regulations, 2024 ("Latest Amendment") notified on June 14, 2024, amend the Principal Regulations. The Latest Amendment include the provisions for the utilization of the Fund for expenses relating to proper maintenance and audit of accounts, and for the participation of representatives of consumer groups for attending the meetings of the Committee for Utilization of the Fund. The Latest Amendment also permits the depositing of the amounts of the Fund in any scheduled bank.

Recommendations on 'Inputs for Formulation of National Broadcasting Policy – 2024'

TRAI vide notification dated June 20, 2024, released the recommendations on 'Inputs for Formulation of National Broadcasting Policy'.

This policy aims to facilitate the growth of the broadcasting sector by aiding quick adoption of emerging technologies in a cost-effective manner, while safeguarding the interests of all stakeholders involved. The objective of these recommendations is to lay down a consistent policy and principles framework, that will enable creation of a vibrant marketplace for content production and distribution, fostering creativity and elevating India's soft power globally. Achieving these objectives requires collaboration among the key stakeholders viz. the Central and State governments, local governments and agencies, television and radio broadcasters, over-the-top service providers, content creators, distributors, equipment manufacturers, academia, research institutes, industry including startups and small and medium enterprises.

These recommendations have stipulated the vision, mission, goals and strategies for the planned development and growth of the broadcasting sector in India.

For further details, please refer to the JSA Prism (Telecommunications) of June 21, 2024.

Enforcement of selected provisions of the Telecom Act

On June 21, 2024, the Ministry of Communications, through DoT issued a notification to enforce selected provisions of the Telecom Act with effect from June 26, 2024.

The Telecom Act aims to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks and assignment of spectrum. The Telecom Act also seeks to repeal the existing colonial legislations such as the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933, owing to immense technical advancements in the telecom sector and technologies.

The Sections that have been brought into force are broadly as follows:

Chapter I – 'Preliminary' (Sections 1 and 2): All the definitions under this chapter are enforced.

Chapter III – 'Right of Way for Telecommunication Network' (Sections 10 – 18): The definition of public entities is broadened to include government agencies, local bodies and public private partnership projects such as airports, seaports and highways. While the right of way framework typically covers public property, the provisions of the Telecom Act establish a complete framework with respect to private property as well, which is based on mutual agreement. The Telecom Act specifically provides that telecommunication infrastructure is distinct from the property it is installed upon. This aims to reduce disputes in instances of sale or lease of property.

Chapter IV – 'Standards, Public Safety, National Security and Protection of Telecommunication Networks' (Sections 19 – 23): These provisions empower the Central Government to set standards and conformity assessment measures for telecommunication services, telecommunication networks, and telecommunication security. Furthermore, on the occurrence of any public emergency or in the interest of public safety, including disaster management, the Central Government or State Government or any officer authorised in their behalf may take temporary possession of any telecommunication service or telecommunication network from an authorised entity.

Chapter V – 'Digital Bharat Nidhi' (Sections 24 – 26): These provisions state that the USOF created under the Indian Telegraph Act, 1885, will now be known as the 'Digital Bharat Nidhi'. The functions for which this fund may be discharged are laid down in the Telecom Act.

Chapter VI – 'Innovation and Technology Development' (Sections 27): These provisions empower the Central Government to create RSs for the purpose of encouraging and facilitating innovation and technology development.

Chapter VII – 'Protection of Users' (Sections 28 – 30): These provisions empower the Central Government to make rules to protect users from UCC and fraud. It facilitates the establishment of online disputes resolution and grievance redressal systems for the users.

Chapter IX – 'Offences' (Sections 42 – 44): It covers the various offences under the Telecom Act and prescribes the range of punishment to be awarded for these offences.

Selected provisions under Chapter X – 'Miscellaneous' (Sections 46, 47, 50 – 58, 61 and 62): These include provisions which extend the jurisdiction of the Telecom Act to cover offences committed or contraventions made outside the borders of India, in case the offence involves a TSP based in India or telecommunication equipment or telecommunication networks located in India. Additionally, the Telecom Act grants the Central Government the power to enable the digital implementation of the provisions under the Telecom Act.

In conclusion, the partial enforcement of the Telecom Act is a welcome move towards a new era of post-colonial laws to govern the rapid advances in technology and telecommunication sectors. Though, one must bear in mind that only certain provisions under the Telecom Act have been enforced at present, and many essential provisions such as those governing the allocation of spectrum have not been enforced yet. To fully understand and appreciate the new Telecom Act, the entire statute along with its rules are required to be notified as in force by the Central Government. To ensure a smooth transition from the erstwhile legislations to the Telecom Act, sections 61 and 62 of the Telecom Act have been enforced, which will provide continuation to the existing framework till rules are made under the new law, thus providing a conducive environment to the sector.

Directions for the submission of performance monitoring report under the TCCCPR

On June 24, 2024, TRAI issued directions regarding submission of Performance Monitoring Reports ("PMRs") to the Authority under the TCCCPR.

The TCCCPR states that every ASP is required to develop standard Codes of Practice ("CoPs") for monthly reporting, before providing and allowing any commercial communication through its networks. Additionally, the TCCCPR also states that TRAI reserves the right to formulate CoPs in the instance where existing CoPs are deficient to serve the purposes of the TCCCPR. All ASPs are required to comply with the CoPs. Every ASP is required to submit compliance reports to TRAI on a quarterly basis, separately for each calendar month in every quarter, following the specific formats for PMRs provided by TRAI in its previous directions.

Currently, TRAI has observed a lack of uniformity in how each ASP fills out the formats prescribed by TRAI. This inconsistency results in the omission of essential information necessary for the analysis of complaint handling. Therefore, TRAI directs all ASPs to submit compliance reports within 10 (ten) days from the end of each calendar month starting from July 2024. These reports should be submitted separately for each calendar month as per the PMR formats specified in the current directions as a part of the standard CoP for periodic reporting. These reports must be submitted in addition to those already submitted according to the previously existing directions.

Implementation of the Telecommunication Mobile Number Portability (Ninth Amendment) Regulations, 2024

On March 14, 2024, TRAI issued the Telecommunication Mobile Number Portability (Ninth Amendment) Regulations, 2024 ("Amendment Regulation"), which has come into effect on July 1, 2024. This Amendment Regulation aims to curb the porting of mobile numbers by way of fraudulent SIM swap for malicious means, and specifically does not permit requests for porting of SIMs within 7 (seven) days of SIM swap/ replacement.

Extension of registration period of unregistered entities providing M2M services and/or wireless personal area network/wireless local area network connectivity for M2M services

On June 28, 2024, the DoT issued a notification extending the timeline for registration of unregistered entities providing M2M services and/or wireless personal area network ("WPAN")/wireless local area network ("WLAN") connectivity for M2M services from June 30, 2024, to September 30, 2024. This extension was granted in view of the request received by the DoT from the Cellular Operators Association of India.

It has been reiterated that authorised telecom licensees are prohibited from providing new telecom resources to unregistered entities providing M2M services and/or WPAN/WLAN connectivity. Verification and recording of DoT registration number is mandatory for access to telecom resources for M2M services and/or WPAN/WLAN connectivity.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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