[27th
February 2025] The following draft rules, which the
Central Government proposes to make in exercise of the powers conferred by
clause (c) to sub-section (1) of section 3, read with clause (a) to subsection
(2) of section 56 of the Telecommunication Act, 2023 (44 of 2023), are hereby
published for the information of all persons likely to be affected thereby and
notice is hereby given that the said draft rules shall be taken into
consideration after the expiry of a period of thirty days from the date on
which copies of this notification as published in the Official Gazette, are
made available to the public; Objections or suggestions, if any, may
be addressed to the Joint Secretary (Telecom), Department of
Telecommunications, Ministry of Communications, Government of India, Sanchar
Bhawan, 20, Ashoka Road, New Delhi- 110001; The objection or suggestion which may
be received from any person with respect to the said draft rules before the
expiry of the aforesaid period shall be taken into consideration by the Central
Government. (1)
These rules may be called the
Telecommunications (Radio Equipment Possession Authorisation) Rules, 2025. (2)
They shall come into force on the date of
their publication in the Official Gazette. (3) These
rules shall be in supersession of the Indian Wireless Telegraphy (Possession)
Rules, 1965, and all existing office orders or memorandums on the subject, but
shall not override things done or omitted to be done before such supersession
and without overriding the terms and conditions of existing authorisations for
possession of radio equipment, by whatsoever name called, till the date of
expiry of such authorisation or till the date of migration of such
authorisation in accordance with rules under sub-section (6) of section 3 of
the Act. (1)
In these rules, unless the context otherwise
requires: (a)
"Act" means the Telecommunications
Act, 2023 (44 of 2023); (b)
"dealer" means any company
registered under the Companies Act, 2013 (18 of 2013), or a limited liability
partnership registered under the Limited Liability Partnership Act, 2008 (6 of
2009), or an Indian citizen, who deals through import for sale, or lets for
hire, sells, offers, repairs, or manufactures for sale, or possess for testing
or demonstration, any radio equipment; (c)
"portal" means the portal to be
notified by the Central Government under rule 13; and (d)
"Radio Equipment Possession
Authorisation" means the authorisation granted under these rules, which
may be of either of the categories as specified under sub-rule (2) of rule 3. (2) Words
and expressions used in these rules and not defined herein but defined in the
Act, shall have the meanings respectively assigned to them in the Act. (1)
No person shall possess radio equipment
except under and in accordance with Radio Equipment Possession Authorisation
granted under rule 6, unless exempted from the requirement of such Radio
Equipment Possession Authorisation under rule 4. (2)
Radio Equipment Possession Authorisation
granted under rule 6 may be of either of the following categories: (a)
Dealer Possession Authorisation; or (b) Special
Possession Authorisation. Radio Equipment PossessionAuthorisation
shall not be required in respect of: (a)
radio equipment that has been exempted from
the requirement of authorisation undersub-section (3) or sub-section (4) of
section 3; (b)
possession of radio equipment by an
authorised entity holding authorisation granted by the Central Government under
clause (a) or clause (b) to sub-section (1) of section 3 of the Act, and
spectrum assignment under sub-section (4) of section 4 of the Act, or license
under the Indian Telegraph Act, 1885 (13 of 1885) which is valid pursuant to
sub-section (6) of section 3 of the Act and spectrum assignment which is valid
pursuant to sub-sections (8) and (9) of section 4 of the Act; and (c) possession
of radio equipment notified by the Central Government, that may be required by
a user for use of telecommunication service. (1)
An application for Dealer Possession
Authorisation, along with supporting documents, may be made by a dealer in the
form and manner as specified on the portal along with payment of fees of one
thousand rupees. (2)
The Central Government may, subject to such
terms and conditions as it may determine, permit a person, other than a dealer,
to apply for a Special Possession Authorisation. (3) Any
person whose Radio Equipment Possession Authorisation has been cancelled as a
result of breach of the terms and condition of such authorisation, shall not be
eligible to make an application for a Radio Equipment Possession Authorisation
for a period of five years from such cancellation. (1)
The Central Government shall, upon evaluation
of the application received under rule 5, and subject to security and
administrative clearances of the applicant and assessment of the safety of the
premises where such radio equipment is to be stored, grant the relevant
category of Radio Equipment Possession Authorisation, specifying: (a)
the premises for storage of the relevant
radio equipment; and (b)
applicable validity periods and authorisation
fees as specified in sub-rule (2). (2) The
validity period and authorisation fees applicable for each category of Radio
Equipment Possession Authorisation shall be as follows: Category of Radio Equipment Possession Authorisation Validity Period and Authorisation Fees Dealer Possession Authorisation Validity period of not less than one year and not
exceeding five years. Any grant for more than one year shall be in multiples
of one year or for five years, as requested by the applicant. Authorisation fees of [ten thousand] rupees per annum,
payable annually in advance, or, at the dealer’s option, in advance for the
entire duration of the authorisation. Special Possession Authorisation Validity period not exceeding two years, as determined
by the Central Government. Authorisation fees of [ten thousand] rupees per annum,
or such prorated amount for periods less than one year. (3) Radio
Equipment Possession Authorisation granted under these rules shall be specific
to the premises and location specified in the grant of such authorisation, and
any change of location or premises for the storage of the radio equipment may
be undertaken by an authorised entity possessing a valid Radio Equipment
Possession Authorisation only after obtaining the required security and
administrative clearances from the Central Government, pursuant to an
application to be submitted in the form as may be specified on the portal,
along with payment of fees of one thousand rupees. (1)
An authorised entity possessing a valid Radio
Equipment Possession Authorisation shall apply for renewal thereof at least one
month prior to the expiry of such authorisation, by making an application in the
form as may be specified on the portal: Provided
that an application for renewal may be accepted up to three months after the
expiry of the relevant authorisation, upon payment of late fees of two hundred
and fifty rupees for each month of delay. (2)
The Central Government shall, upon
consideration of an application for renewal: (a)
renew a Dealer Possession Authorisation for a
minimum period of one year and up to a maximum of five years, in multiples of
one year, as requested by the authorised entity; or (b)
renew a Special Possession Authorisation for
a period such that the period of authorisation, including its initial validity
period, shall not exceed two years. (3)
The authorisation fees as specified in
sub-rule (2) of rule 6 shall apply for the period of any renewal of the
relevant authorisation. (1)
An authorised entity possessing a Radio
Equipment Possession Authorisation shall: (a)
display the Radio Equipment Possession
Authorisation in a conspicuous manner in the premises as specified in such
Radio Equipment Possession Authorisation; (b)
intimate the Central Government of any change
in contact details in the form as may be specified on the portal, within
fifteen days of any such change: Provided
that any change in location of the radio equipment shall be undertaken in
accordance with the provisions of sub-rule (3) of rule 6; (c)
keep in its premises, for the purpose of
repairs, the radio equipment of another authorised entity or licensee as
specified under clause (b) of Rule 4, or Radio Equipment Possession
Authorisation under these rules; (d)
maintain documents, accounts, estimates,
returns, reports or other information, as specified on the portal, which shall
be shared and updated on demand with the Central Government; (e)
allow the Central Government, or any officer
authorised by the Central Government for this purpose, to carry out physical
verification of the radio equipment at the premises of the authorised entity; (f)
ensure that the radio equipment in its
possession should not become a safety or health hazard and is not in
contravention of any provision of any other law for the time being in force;
and (g)
adhere to such other conditions as may be
specified under the Radio Equipment Possession Authorisation. (2)
No authorised entity shall undertake any
assignment or transfer of a Radio Equipment Possession Authorisation held by it
or enter into any agreement for sub-leasing of or partnership of or creation of
third-party interest over such authorisation, whether directly or indirectly or
in any manner whatsoever, without the prior written approval of the Central
Government. No
authorised entity holding a Radio Equipment Possession Authorisation shall sell
or give for hire radio equipment to any person, unless such person: (a)
holds an authorisation granted by the Central
Government under clause (a) or clause (b) to sub-section (1) of section 3 of
the Act and spectrum assignment under sub-section (4) of section 4 of the Act,
or license under the Indian Telegraph Act, 1885 (13 of 1885) which is valid
pursuant to sub-section (6) of section 3 of the Act and spectrum assignment
which is valid pursuant to sub-sections (8) and (9) of section 4 of the Act; or (b)
is exempted from the requirement of authorisation
under sub-section (3) or sub-section (4) of section 3 of the Act; or (c)
holds a Radio Equipment Possession
Authorisation issued under these rules; or (d)
is a user who holds a proof of subscription
to a telecommunication service. Any
non-compliance with these rules, including the terms and conditions of a Radio
Equipment PossessionAuthorisation, shall be subject to the rules framed under
Chapter VIII of the Act. (1)
An authorised entity may surrender its Radio
Equipment Possession Authorisation at any time by submitting an application, at
least thirty days prior to the proposed date of surrender, in the form as may
be specified on the portal, along with proof of payment of applicable dues in
respect of authorisation fees payable by it till the date of such application: Provided
that no Radio Equipment Possession Authorisation shall be surrendered if such
authorisation is the subject matter of proceedings under the rules framed under
Chapter VIII of the Act. (2)
The Central Government shall, based on
consideration of the application, either approve such surrender, subject to
terms and conditions for disposal of the relevant radio equipment, or reject
such application, for reasons to be recorded in writing, within fifteen days of
date of receipt of the application under sub-rule (1). (3)
An authorised entity that has not renewed the
relevant authorisation within a period of three months after the expiry of such
authorisation, shall, within such period of three months, submit an application
seeking directions for disposal of the radio equipment in the form as may be
specified on the portal, and the Central Government shall, within fifteen days
of receipt of such application, specify the terms and conditions for disposal
of the relevant radio equipment. (4)
Any disposal of the radio equipment pursuant
to sub-rule (2) or sub-rule (3), shall be undertaken by the authorised entity
in accordance with the terms and conditions specified by the Central Government
for such disposal. (1)
Fees paid in respect of an application under
these rules shall be non-refundable. (2)
No compensation or refund of fees shall be
applicable as a result of any suspension or cancellation of the Radio Equipment
Possession Authorisation for any reason whatsoever. The
Central Government, in furtherance of section 53 of the Act, may notify a
portal for the digital implementation of these rules, including for the
publication of relevant forms, submission of applications, and grant of
relevant Radio Equipment Possession Authorisation and approvals specified under
these rules.Telecommunications (Radio Equipment
Possession Authorisation) Rules, 2025
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