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Scope and categories
Under the Miscellaneous Services Rules, authorisations are classified into 7 (seven) categories: (a) Public Mobile Radio Trunking Service ("PMRTS"); (b) enterprise communication services; (c) Machine-to-Machine ("M2M"); (d) Prime Minister Wi-fi Access Network Interface ("PM-WANI"); (e) In-Flight and Maritime Connectivity ("IFMC"); (f) aeronautical data communication; and (g) international Subscriber Identity Module ("SIM") services. Authorisations, granted for a period of 20 (twenty) years, are non-exclusive, and renewable.
Eligibility and migration
Under the Miscellaneous Services Rules, the applicants must generally be Indian companies, though M2M services are also open to limited liability partnerships, trusts, societies, and government entities. All applicants must comply with FDI norms and exclude prohibited investors. Existing licensees can choose to migrate to equivalent authorisations under the yet to be issued Migration Rules, with their dues and liabilities carried forward.
Application and fees
Under the Miscellaneous Service Rules, applications are portal-based, requiring processing fees, entry fees, and Guarantees. The letters of intent apply to some categories, while M2M, PM-WANI, IFMC, and international SIM are directly authorised.
The financial obligations differ as follows:
- PMRTS and enterprise communication attract AGR-based fees;
- M2M/PM-WANI/IFMC/International SIM are exempt; and
- aeronautical data communication carries only a nominal charge INR 1 (Indian Rupee one) per year.
Operational and security obligations
Under the Miscellaneous Services Rules, operators must comply with rollout timelines, right of way norms, and localisation of data and network elements. The restrictions apply to interconnection with public networks for certain services. The security requirements include lawful interception, device and user traceability, procurement from trusted sources, restrictions on encryption/remote access, and annual compliance reporting. Key security roles must be held by resident Indians, with vetting of foreign personnel.
Service specific conditions
The Miscellaneous Services Rules also outline tailored conditions for each sub-category as mentioned below:
- PMRTS has interconnection and rollout restrictions;
- enterprise communication covers services like audiotex, cloud EPABX, and voice mail;
- M2M mandates SIM/e-SIM traceability;
- PM-WANI regulates the public data office aggregators and app providers;
- IFMC applies to connectivity on aircraft/ships;
- aeronautical data services cover air traffic communication; and
- international SIM services set user verification and usage limits.
Enforcement
Under the Miscellaneous Services Rules, provisions also cover renewal, surrender, and revocation of authorisations. There is a requirement of only 1 (one) Guarantee per authorisation, the dues are recoverable as arrears of land revenue, and the Guarantees may be encashed for non-compliance.
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.
