India’s Department of Telecom(DoT) has floated a consultation paper on the revamp of telecom rules, mainly to keep pace with the change in technology like 5G, simplify those related to spectrum and right of way laws and promote investments, according to an official document.

The new rules will not be applicable with retrospective effect to cause any adverse impact on the relevant entity, according to the consultation paper.

“A new law on telecommunication needs to aim at establishing an enabling future-ready framework for the development of telecommunication sector and deployment of new technologies. Such a law needs to consolidate the existing laws governing telecommunication sector, while keeping in view global best practices,” the consultation paper dated July 23 said, according to a PTI report.

The government has proposed that the new framework should be drafted in a plain and simple language so that any citizen is able to understand the rules.

The proposed law is envisaged to provide adequate provisions to ensure regulatory certainty and promote investment.

“This would mean continuity of licenses and authorizations under the old regime. To minimize policy disruption, such a law needs to provide for continuation of rules, guidelines, administrative orders issued under the existing regime until superseded by new rules,” the paper said.

Meanwhile, a review of the consultation paper by Indianbroadcastingworld.com showed that the paper lays emphasis on simplifying various rules, including those related to spectrum and right of way for cables — the last one being a contentious issue for laying overhead cables for various services like cable TV.

Pointing out that spectrum is a scarce natural resource, DoT paper said at present, spectrum assignment is done through a combination of policies and court orders and a new law “needs to bring in regulatory clarity and lay down specific legal framework”.

“The principle needs to be that spectrum will be assigned to best serve the common good and enable wide-spread access to telecommunication services,” it highlighted.

Such a legal framework for spectrum needs to do the following, according to the consultation paper:

1. a)  Enable the utilization of the spectrum in a liberalized and technologically neutral manner, and allow a spectrum assignee to deploy new technologies.
2. b)  Maintain policy continuity, allowing the existing spectrum (and exemptions) assigned at present to continue for a specified time period.
3. c)  Ensure flexibility to the Central or the federal Government for spectrum usage in public interest.

“To enable more efficient use of spectrum, repurposing of a frequency range for a different use and re-arrangement of a frequency range is often required. Therefore, the law needs to contain provisions for re-farming and harmonization of frequency range. Further, it needs to provide that the Central Government may permit the sharing, trading, leasing and surrender of spectrum assigned, subject to prescribed terms and conditions, including applicable fees or charges,” the paper stressed.

Dwelling on right of way or RoW, it said despite the widespread availability of telecommunication in our country, tremendous improvement is required to ensure continuity of connectivity.

“As we move on to better technologies such as the deployment of 5G, their full value can be achieved only with smooth connectivity. Effective right of way is a pre-requisite to achieve this to enable expansion of telecommunication network and improvement of telecommunication services.

“A new law needs to provide a robust regulatory framework to obtain Right of Way in a uniform, non-discriminatory manner for establishment of telecommunication infrastructure. Such a law also needs provisions to create an effective dispute resolution framework relating to Right of Way,” the consultation paper said.

The paper also looks to make it easy for companies to merge or acquire other assets by simplifying the framework for mergers, demergers and acquisitions, or other forms of restructuring..

The proposals for a review of telecom laws have come at a time when the country is gearing up to start a spectrum auction for rolling out 5G services.

Along with existing players like Airtel, Reliance Jio and VodafoneIdea, Group has applied to bid for the airwaves and enter the wireless telecom services business.