Centre for Internet and Society

Changing Our Game

Shyam Ponappa — 2012-09-06T11:14:42Z

Adopting 'co-ordination models' like the Stag Hunt could reduce contention and improve outcomes.

Shyam Ponappa's column was originally published in the Business Standard on September 5, 2012 and also posted in Organizing India blogspot.

Consider the handling of irregularities in spectrum allocation and in coal mining rights. Instead of swiftly ring-fencing problem areas where there are allegations of culpability supported by prima facie evidence, then striving for good policies going forward, the ruling coalition and the Opposition are in a war of attrition. What began with the United Progressive Alliance’s turning a blind eye to the spectrum awards has turned into the Bharatiya Janata Party’s heedless flailing to tear down their opponents. Meanwhile, the confusion created by the pronouncements of the Comptroller and Auditor General and previously of the Telecom Regulatory Authority of India has vitiated conditions for constructive reform. Any solution that fails a populist screen is likely to be guillotined in the streets.

Contention versus co-operation

There seems to be quite a contrast between our manifest contentiousness and our apparent friendliness. From our chaotic ways in traffic to dealing with each other and with our surroundings more generally, often, self-centred, short-term opportunism appears to override our better nature. As evidenced in the coalgate stand-off in Parliament, or our inability to establish adequate infrastructure, this cuts across all levels of individuals and groups. The irony is that no one gains, except the perpetrators and supporters of rip-offs and stand-offs. They, too, gain only in the short run, unless they’re not caught out. In the long run, everyone is worse off except the rogues who get away.

How did we get to this self-destructive state, and how might we get out? Insights from game theory could provide some perspective. One stark fact is that our interactions are predominately driven by self-interest that leads to contention, on the lines of a Prisoner’s Dilemma, [1] instead of a co-operative group- or common-interest model like the Stag Hunt.[2]

The two models are described briefly below. For those who want to skip the description, read on after the next two paragraphs.

Prisoner’s Dilemma

Two men attempting a burglary with a weapon, A and B, are caught, with insufficient incriminating evidence for the burglary. They are questioned separately and not allowed to communicate. If both deny the burglary, they escape a 10-year sentence and will be imprisoned for two years for possession of a weapon. A is told separately that if B pleads guilty and A does not, B will get a reduced sentence of four years, while A will get 10. So A has an incentive to confess and get four years, too. A is also told that if he confesses, he can go free, while B gets 10 years. Therefore, the logical choice for A is to confess. The same logic applies to B. So, both confess and get four years, instead of both denying and getting only two years. The logical trap is that acting in one’s self-interest without communication and co-operation leads to a worse position.

Stag Hunt

A group of hunters agree to wait for a stag in their assigned positions. If one sees a hare and shoots at it, the stag takes flight and the group loses out. The group and individuals gain most if individuals stick with their commitment and get the big prize. However, individuals may be tempted to defect by a less risky, smaller pay-off like a hare.

Logical trap: Self-interest leads to contention and lowest equilibrium

In zero-sum games like cricket, tennis or football, where the total pay-off is the same no matter who wins, one participant gains at the expense of another. In most real-world encounters, however, players can improve their outcomes by co-operation and co-ordination. In other words, many everyday situations can be likened to non-zero-sum games, where one party’s win is not necessarily another’s loss. If individuals (or teams/groups) pursue their self-interest without co-operating and co-ordinating with other players, the pattern is like the Prisoner’s Dilemma, and a logical trap leads to a position of lowest equilibrium (the Nash Equilibrium). This position results from each player/group making the best decision that he/she/they can while taking into account the decisions of the others, and no one can act independently without worsening their position.

Co-ordinating better outcomes

By contrast, if players can (a) co-operate and (b) decide through effective co-ordination, everyone gains. Examples are centrally sponsored projects executed in Opposition-run states – for highways or power, for example – or the backing of political parties for India’s 123 Agreement with America on nuclear co-operation.

Can we escape a logical trap and contention by adopting models that elicit co-operation and co-ordination? Game theory suggests that models based on trust and co-ordination like the Stag Hunt work for a big prize (the stag). The question is whether it is possible to move to a co-ordination model and, if so, how to do it. While there are no simple fixes, the University of Vienna’s evolutionary game theory models hold out some promise through providing insights into how patterns of co-operation can spread in populations.[3]

There’s also the long, slow haul of structured education and training in collaborative problem solving. The techniques that need incorporation in our curricula from junior school through higher education, vocational training, and at work, are co-operative problem solving as an approach, and project management as a method. The latter starts with a clear definition of goals and objectives, followed by standard operating procedures covering the gamut of the logic of process flow for tasks, setting milestones/sub-objectives, critical paths, and individual and group responsibilities on timelines.

A second aspect where governments have to step in is institutional design — boldly initiating systems and processes after eliciting convergence in each sector from all stakeholders on sound plans in the public interest. Driven by goal-directed project management, this requires systematic action braving populist pressure and distractions.

These initiatives would significantly improve India’s ability to act in the public interest.

[1].http://bit.ly/Q6IeVp
[2].“The Stag Hunt and the Evolution of Social Structure”, Brian Skyrms, http://bit.ly/TlNJnC
[3].VirtualLabs, Christoph Hauert: http://bit.ly/90W392

For more details visit https://cis-india.org/telecom/organizing-india-blogspot-in-shyam-ponappa-sep-5-2012-changing-our-game

Broadband Wireless Access – Standards

Jürgen Kock — 2013-03-15T09:21:59Z

In this unit, Jürgen Kock tells us about the broadband wireless access standards, why do we need technical standards, who defines BWA standards, WiMAX standards and long term evolution.

Why do we need technical standards?

Standards define key aspects of a technology. Thanks to standardization consumers can for example buy any kind of AA battery and be sure, that it’ll work in most, if not all, devices that specify the use of this kind of batteries. While batteries follow global standards, power plugs are only defined on a national basis. Travelers know about this inconvenience.

In wireless communication, standards ensure interoperability between user devices and the radio network of different vendors. Frequency bands, modulation techniques, power levels and encryption are just some of the aspects covered by standards.

Who defines BWA standards?

IMT-2000

The ITU-R (International Telecommunication Union – Radiocommunication Sector) started in the 1980s to define the requirements for a 3rd generation of mobile communication systems. As an agency of the UN (United Nations) the ITU combines the effort of governments and the telecommunication industries for a worldwide supported standardization. Finally, in the year 2000 the ITU approved the technical specifications for the 3rd generation of mobile networks under the name "IMT-2000" (International Mobile Telecommunications-2000). One goal of IMT-2000 is to provide seamless delivery of services. The minimum requirements for data speed were defined at 2Mbps for stationary or walking users and 348 kbpsfor fast moving users in vehicles.

IMT Advanced

The ITU has coined the term IMT Advanced to identify mobile systems whose capabilities go beyond those of IMT 2000. In order to meet this new challenge, 3GPPs Organizational Partners have agreed to widen 3GPP’s scope to include the development of systems beyond 3G. Some of the key features of IMT-Advanced will be: Worldwide functionality & roaming Compatibility of services Interworking with other radio access systems Enhanced peak data rates to support advanced services and applications (100 Mbit/s for high and 1 Gbit/s for low mobility) Source: http://bit.ly/qYLvQj

Two competing technologies are the basis for Broadband Wireless Access. The evolution of mobile or cellular networks called Long Term Evolution (LTE)lies under the responsibility of the ITU and the 3GPP (3rd Generation Partnership Program). We’ll start our discussion with the competing technology called WiMAX (Worldwide Interoperability for Microwave Access).

WiMAX Standards
WiMAX is based on the IEEE suite of standards 802.16.[1] The initial standard was released in 2001 and is named 802.16-2001 accordingly. The goal was to define a wireless broadband technology for fixed users, with a range of up to 50 km and data rates that can compete with wireline DSL (Digital Subscriber Line). For achieving coverage of such wide distances, this initial standard required a line-of-sight between sender and receiver, which was soon seen as a limitation of the technology.

In 2004 the standard was updated, but still covered only fixed users. 802.16d-2004 is therefore referred to as the current standard for Fixed WiMAX. The frequency range 2 – 11 GHz’s was added to the previously defined range of 10 – 66 GHz’s. The new range allowed for static connections without a line of sight. Static means, that there is no handover mechanism defined, when a user moves out of the range of his cell.

With 802.16e-2005 the standards where extended to cover Mobile WiMAX. Handover and roaming support was added for slow moving users. The frequency bands used for mobile users are 2.3 and 2.5 GHz. Of course, service providers can also offer fixed access in those frequencies.

The latest release of the WiMAX standards 802.16m-2011 defines an advanced air interface with data rates of up 1 gigabit. This fulfills the formal requirements of 4G networks as defined by the ITU.

LTE – Long Term Evolution
LTE is defined by the 3GPP (3rd Generation Partnership), a collaboration between groups of telecommunications associations. It provides detailed technical specifications to cover all aspects of a cellular communication network within the frameworks IMT-2000 and IMT Advanced of the ITU.

The standardization is published in so called Releases.[2] Release 1 to 7 covered 2G and 3G networks including UMTS (Universal Mobile Telecommunications System).

Source: Anritsu, Understanding LTE (http://bit.ly/NDBlKf)

Release 8, published in 2008, marked the first LTE standard. The goal of 3GPP was to define an evolutionary upgrade of cellular networks, providing higher data rates and improved quality of service. At the same time the demand for cost reduction and a low complexity of the network architecture was addressed. Unlike the WiMAX standard, LTE standardization encompasses the whole network architecture including the radio network, core network and service architecture.

Here is an overview of the key requirements and features of the different 3GPP LTE releases:

Mobility

Optimized for low mobile speed from 0 to 15 km/h.
Higher mobile speed between 15 and 120 km/h should be supported with high performance.
Mobility across the cellular network shall be maintained at speeds from 120 km/h to 350 km/h (or evenup to 500 km/h depending on the frequency band).

Coverage

Throughout, spectrum efficiency and mobility targets above should be met for 5 km cells, and with aslight degradation for 30 km cells.

Release 8 - 2008
This was the first LTE release. The release contains 36 technical specifications.

Evolved radio access
- New air interface (not backward compatible)
- High spectral efficiency
  — OFDM (Orthogonal Frequency Division Multiple Access) in Downlink, Robust against multipath interference (reduces path loss)
  — Single-Carrier FDMA in Uplink
- Variable bandwidth: 1.4, 3, 5, 10, 15 and 20 MHz
- Support of Multiple Antenna technology MIMO
- FDD and TDD within a single radio access technology
- Simple Architecture
- Very low latency: Short setup time and short transfer delay
Evolved Packet Core
- Reduced complexityof the core network
- All IP network SAE (System Architecture Evolution)
- Support of Self-Organizing Network (SON) operation

Source: LTE-Release 8 User Equipment Categories, http://bit.ly/9R0DIm

Release 9 - 2009
Release 9 brings enhancements and Improvements for

System Architecture Evolution
WiMAX and LTE/UMTS Interoperability
Location services
Emergency services
Broadcast services
Voice Over LTE (VoLTE)

Release 10 – 2011 - LTE-Advanced

First release of LTE Advanced
Backwards compatible with release 8 (LTE).
Fulfilling IMT Advanced 4G requirements (For example 1 Gbps peak downlink data rate)
Multi-Cell HSDPA with 4 carriers

Release 11 – planned in 2012 Q3

Advanced IP Interconnection of Services

Service layer interconnection between national operators/carriers as well as third party application providers

Peak Data Rates

Sources – Further Readings:

ITU Overview for IMT-2000 (http://bit.ly/NdSM8E)
ITU Entry Point for IMT Advanced (http://bit.ly/f5FqtH)
Homepage of 3GPP (http://bit.ly/Cai9O)
3GPP Entry Point forLTE (http://bit.ly/Cai9O)
3GPP Entry Point for LTE Advanced (http://bit.ly/Cai9O)
Wikipedia article about 3GPP (http://bit.ly/dugu8O)
3GPP technical paper UTRA-UTRAN Long Term Evolution (LTE) and 3GPP System Architecture Evolution (SAE) including high level requirements (http://bit.ly/NhbfeE)
E-Learning on LTE and other Telecommunication Fundamentals (http://bit.ly/NdTd2A)
LTE Introduction (http://bit.ly/rxQDzE)

[1].To download 802.16 standards: http://bit.ly/SgpUeV
[2].To downloadLTE and LTE Advanced standards:http://bit.ly/LCR9em

For more details visit https://cis-india.org/telecom/resources/broadband-wireless-access

Mesh Networks

Ravikiran Annaswamy — 2013-03-15T09:39:03Z

Ravikiran Annaswamy tells us the definition of Mesh Networks, its importance, applications and the things to explore in future.

Imagine[1] a room full of people in a party spread around randomly. One of the people wants to pass information to another in the corner of the room. The traditional telecom networking way of passing information involves having a person at the center of the room acts as a switch and routes the information from sender to receiver.

Mesh networks provides a new way of organizing the network, every person in the room can speak independently to the person next to him and in turn the second person speaks to the next person till the information reaches the destination. The route for the information is optimized to get the shortest path.

Definition of Mesh Networks

Mesh networks are highly interconnected network of computers or communication devices. This concept is applicable in software systems, wired networks and wireless networks. These networks consist of nodes (like computers, routers, radio base stations and mobile phones) and are connected to each other to carry information across.

Mesh networking is organic — every node in the neighborhood contributes network resources and cooperates.[2]

By Definition, Mesh networks are a way of structuring peer nodes in such a way that each node acts as a switch or a router deciding how to forward the information they receive. These networks use every node to determine the path of the signal, hence its important for every node in the network to be live and healthy. This requires self-healing algorithms to dynamically identify new routes in the network. The concept of Self-organizing Networks (SON) is being implemented to achieve flexibility and scalability.

Importance of Mesh Networks

Traditionally telecom networks are hierarchically structured with centralized control systems. Mobility and increase in number of wireless devices needs a distributed architecture with intelligent nodes like in Mesh networks to manage bandwidth, optimally use spectrum and device power consumption.

IEEE 802.11s is a standard that defines how wireless devices can interconnect to create a mesh network. This covers both the static networks and the ad-hoc networks.

Applications of Mesh Networks

Mesh Networks are applied in various areas of telecom like:

Optical Mesh Networks enable the transport networks with dynamic quality of service, bandwidth on demand and managing bandwidth with peer nodes and applying policies.
Rural or Village communication systems work with wireless nodes in every village connected to each other and provide communication services without depending on the operator infrastructure.
Wireless Ad-hoc networks are decentralized networks with no predefined structure.

Wireless mesh Network is a telecom network made up of radio nodes organized in a mesh topology.[3] This network is used in LTE radio, Metro-Wi-Fi networks and military communication applications in battlefield surveillance, tunnels and oil rigs.
Mobile Ad-hoc Networks (MANET) are mobile devices connected to each other without the need of a central infrastructure. Vehicular ad-hoc networks where vehicles communicate with fixed internet points on the road or between the vehicles themselves is an interesting application.

Next things to look for in future

Mesh networks are evolving in to real world scenarios where in sensors that monitor physical and environmental conditions are networked. These small low power wireless devices are connected through standardized ZigBee[4] protocol specifications.

The application of ZigBee is seen in Home automation, Health care, Remote controls and Smart energy meters.

[1].System Architecture for Wireless Meshes, Fairpoint Group White paper, April 2007, FPG 2007-127.1
[2].Self Organizing Wireless Mesh Networks, Microsoft Research, http://bit.ly/11Rmec
[3].Wireless Mesh Networks: http://bit.ly/hVKII0
[4].ZigBee Description: http://bit.ly/u8XNS

Glossary

Metro-Wi-Fi: Wireless network built with Wi Fi components covering the entire city
MANET: Mobile Ad-hoc networks

For more details visit https://cis-india.org/telecom/resources/mesh-networks

Frequently Asked Questions (Module 7.2.2)

Tina Mani — 2012-08-21T05:27:35Z

In this unit, Tina Mani gives answers to some frequently asked questions relating to Internet Protocol Television (IP TV), Mobile TV, role of Set Top Box (STB) in an IP TV network, features provided with IP TV services, Time Shift Television, Digital Video Recording, the difference between an MPEG-2 and MPEG-4, etc.

What is the difference between IPTV and Mobile TV?
Mobile TV is the availability of regular TV channels to view on your mobile. The network conditions of a wireless network are unpredictable, and hence the technology is built to adapt to varying conditions. Mobile TV and internet TV (TV viewing on the PC using an internet connection) are also sometimes referred to as Over The Top TV. IPTV makes assumptions about the reliability of the transport mechanism and works well only if the transport network provides sufficient bandwidth and like fixed line broadband, or cable as a medium of transmission.

What is the bandwidth required for acceptable quality of TV viewing?
With MPEG-2 compression, an SDTV signal requires about 3 Mbps, and a HDTV signal requires about 16Mbps. However, with MPEG-4 compression, an SDTV signal requires 1.5 Mbps and an HDTV signal requires about 8 Mbps.

What is the role of a set top box (STB) in an IPTV network?
An IP set-top box sits in the house and acts as an interface between the television set and a broadband network. It tunes to the right channel by listening to the multicast address for the channel, and decodes the signals so they can be played by a TV. It keeps a copy of the program guide or electronic program guide (EPG). It handles content protection using digital rights management (DRM). Set-top boxes also come with a browser interface for Web browsing and connectivity to external services provided by the service provider or partners. It provides home networking to connect to other devices like PCs or tablets in the house, and allows the playback and rendering of content stored on the PC (photos, music, and personal videos).

What features are usually provided with IPTV services?
Services like Video on Demand, Digital Video Recording (DVR), Time Shift television, games, interactive television like voting, and purchases from the TV can be provided with IPTV. The key difference between this and regular TV is the interactivity, which is possible because there is an uplink path from the user to the TV headend, which is different from satellite services with a one way path only from the headend to the user.

What is Time Shift Television?
Live TV programs are made available for viewing later by recording a day’s or weeks’ worth of programs either remotely or on a hard disk available on the set top box. These programs can be watched any time rather than only at the scheduled program time. This also allows ads to be skipped while viewing.

What is Digital Video Recording?
Live TV programs are made available for viewing later by recording a day’s or weeks’ worth of programs either remotely or on a hard disk available on the set top box. These programs can be watched any time rather than only at the scheduled program time. This also allows ads to be skipped while viewing.

How is Video on Demand different from Pay per View Services available with Cable and DTH services?
To offer Pay per View Services, a few fixed movies are made available for a period of time and ordered using an out of band message like an SMS. “Out of band” means, that a different medium from the one being used for television is used for communication with the service provider. Some service providers offer set top boxes with hard disk capacity built in, and transfer a collection of movies to the set top box, which can be viewed on purchase. In this case the choice of movies is limited by the capacity of the hard disk. True Video on Demand involves a big collection of movies that sit on the remote server, and that can be accessed from the customer premises whenever needed.

What is the difference between MPEG-2 and MPEG-4?
MPEG-2 was the original standard compression technique used for digital TV. MPEG-4 (also known as AVC) was introduced for low or variable bit rate mediums like mobile or internet, and various devices like mobile, PC and TV.[1] Demand for High Definition (HD) videos and larger screens made MPEG-4 attractive for the TV medium as well. MPEG-4 provides much higher compression ratios than MPEG-2, and better error protection for unreliable mediums of transport.[2]

Is IPTV service possible over cable?
Yes, IPTV over cable is achieved using the DOCSIS 3.0 specs for Cable, this is described in the module on Cable TV.

[1].http://bit.ly/RcJs47
[2].http://bit.ly/RcJxEN

For more details visit https://cis-india.org/telecom/knowledge-repository-on-internet-access/module-7-2-2-faqs

Indian Telegraph Act, 1885

snehashish — 2013-03-15T06:13:26Z

The main object of the Telegraph Act was to give power to the Government to install telegraph lines on private as well as public property.

The Telegraph Act since then gone through numerous amendments in order to accommodate new communication technologies. This is evident from the current definition of ‘telegraph’ under Telegraph Act. It defines ‘telegraph’ as:“

"any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.

Explanation - "Radio waves" or "Hertzian waves" means electro-magnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide."

Framework of the Act

The Indian Telegraph Act, 1885 (Telegraph Act) contains six parts. Part I deals with definitions of key words used in the Telegraph Act. Part II grants government the exclusive privilege with respect to telegraph. Part II also gives power to the issue licence to private operators to offer telegraph services. Part IIA was inserted in the Telegraph Act by the Indian Telegraph (Amendment) Act, 2003. It deals with setting up of the Universal Service Obligation Fund (USOF) for the purpose of meeting universal service obligation. (For further details see the Module on USOF). Part III deals with procedures and guidelines to be followed; for installing and maintaining communication equipments. It also lays down guidelines for setting up communication devices in private property and also the procedure for resolution of any dispute which may arise between the service provider and the owner of the private property. Part IV lays down the offences and penalties with respect to unauthorized use of communication or telegraph services. Part V deals with other supplementary provisions.

Exclusive Privilege of the Government with respect to Telegraphs

Section 4 of the Act deals with exclusive privilege of the government to establish, maintain and use telegraphs. It also provides for the government to grant licence to establish, maintain or work a telegraph. The government may grant such licence on certain conditions and for a licence fee.

Section 5 of the Telegraph Act is commonly known as the wire-tapping clause. It gives power to the government to take possession of any licensed telegraphs in case of a public emergency or in the interest of public safety. It can also order interception of communication in the interests of the sovereignty and integrity of India, the security of the state, friendly relation with foreign states or public order or for preventing incitement to the commission of an offence. However, the government has to follow the procedure established by law for issuing such order.

The procedures and guidelines for lawful interception was laid down in the case of People’s Union for Civil Liberties v. Union of India.[1] In this case the Supreme Court of India ruled that telephone tapping is a serious invasion upon an individual’s privacy. However, lawful interception can be carried out under certain circumstances mentioned in the wiretapping provision.[2] This kind of law interception has to be carried in conformity with certain guidelines which will act as a check on indiscriminate wire-tapping by the law enforcement agencies. It also directed the government to make rules and procedures for carrying out lawful interception of communication. In addition to that it also laid down the basic guidelines for such interception. The main guidelines are:

An order for law interception can only be made by the Home Secretary to the Government of India and home secretaries of state governments. In urgent situations the power may be delegated to an officer of the Home Department of Government of India and state governments and such officer should not be below the rank of joint secretary.
A copy of the order has to be sent to the review committee within one week of issuance of such order.
The authority which issues the order should also record the following information:
- the intercepted communications;
- the extent to which the material is disclosed;
- the number of persons and their identity to whom any of the material is disclosed;
- the extent to which the material is copied; and
- the number of copies made of any of the materials.
The intercepted material can be used only for purposes mentioned under the wire-tapping clause.
The interception will be valid for two month unless it is renewed. However, the total period of interception should not exceed six months.

The government also has the power to notify rates for transmission of messages to countries outside India. While notifying such rates the government must take into consideration: (i) the rates which are applicable at the time; (ii) foreign exchange rates at the time; (iii) rates applicable for transmission of message with India, at the time and (iv) such other circumstance that the Central Government may think fit to be considered.

Section 7 of the Telegraph Act vests with the government the power to make rules for the conduct of telegraphs.

The government has the power to make rule with regard to following issues:

Rates and other conditions and restrictions subject to which messages will be transmitted within India.

Precautions to be taken to prevent improper interception or disclosure of message

Conduct regarding telegram

Conduct and charges regarding use of telegraph lines[3]

Central Government may impose fine if there is any breach of rules made by it under the Telegraph Act. It may also impose fine upon licensees’ if they are found to be in violation of the rules laid down by the Central Government under the Telegraph Act. The Central Government may also revoke any licence granted under the Telegraph Act, in case of breach of any condition or default of payment with respect to the licence.

Section 9 deals with government liability with respect to loss or damage. The government does not take any responsibility for any loss or damage caused by telegraph officer fails in performing his duties. However, such telegraph officer can be held liable if acts negligently, maliciously or fraudulently.

Universal Service Obligation Fund (USOF)

USOF is established under Section 9A of the Act. The USOF is under the control of the Central Government under the Act. Section 9D deals with administration and utilisation of such funds. (For further details please refer to the module on USOF).

Power of the Government to place telegraph lines and posts

The telegraph authority has to follow certain procedure for taking possession of land for installing and maintaining telegraph line and posts. The telegraph authority# under section 10 of the Telegraph Act has the power to place, maintain telegraph line on or under or over any immovable property. The telegraph authority has limited powers with respect to installation of telegraph lines and posts. It can only take possession of land for the purpose of installing and maintaining telegraph lines and posts. The telegraph authority will only have the right to use the property for purposes specific to installation and maintenance of telegraph poles and lines. The telegraph authority while installing communication equipment should try to do minimum damage to the property. It will be liable to pay adequate compensation to all the persons who have a stake in such property. The Telegraph Act also gives power to the telegraph authority to enter on property for the purpose of repairing or removing telegraph lines or posts.

Sections 12-15 are the procedure applicable to take possession of property vested in or under the control of or management of local authorities. The telegraph authority has to take permission and pay any expenses for setting up communication equipment on property under the control of a local authority. The local authority may also ask the telegraph authority to remove any telegraph lines or post if it finds it necessary to do so. Any dispute between telegraph authority and local authority will be decided by an officer appointed by the Central Government.

Sections 16 and 17 are applicable to property other any property owned, controlled or managed by any local authority. Sections 18, 19, 19A and 19B are applicable to all kinds of property. Section 18 deals with procedure for removing trees which are interrupting telegraphic communication. Section 19 deals with lines and posts before the passing of this Act. Section 19A states that any person who has legal right over the property where communication equipment is install in accordance with the procedure under this Act has to give notice to the telegraph authority in writing, if such persons act is likely to interfere with telegraph communication or damage telegraph equipment. Section 19B allows the Central Government to confer certain powers of the telegraph authority upon the licensee.

Part IV: Penalties

Sections 20 to 32 deal with offences and penalties under the Telegraph

Offence	Ingredients of the Offence	Penalty/Fine
S.20: Establishing, maintaining or working unauthorised telegraph	any person: establishes, maintains or works a telegraph within India without proper licence or authorization from the government	In case of wireless telegraph: Imprisonment which may extend to 3 years, or with fine, or with both Any other case: Fine which may extend up to Rs. 1000 Offences under this section with respect to wireless telegraph is bailable and non-cognizable
S.20A: Breach of condition of licence	If a licensee is held to be in breach of any condition contained in license.	Fine which may extend to Rs. 1000. Further fine of Rs. 500 per week for the duration the licensee is in violation of the licence conditions.
S.21: Using unauthorized telegraph	If any person, knowing or having reason to believe that a telegraph has been established or is maintained or worked in contravention of this Act, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for transmission by such telegraph or accepts delivery of any message sent thereby	Fine which may extend to fifty rupees
S.22: Opposing establishment of telegraphs on railway land	If a Railway Company, or an officer of a Railway Company, neglects or refuses to comply with the provision which gives power to the Central Government to establish telegraph on land of Railway Company	Fine which may extend to Rs. 1000 for every day during which the neglect or refusal continues.
S.23: Intrusion into signal-room, trespass in telegraph office or obstruction	If any person without permission of -competent authority, enters the signal-room of a telegraph office of the government, or of a person licensed under this Act, or enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein, or wilfully obstructs or impedes any such officer or servant in the performance of his duty,	Fine which may extend to Rs. 500.
S.24: Unlawfully attempting to learn contents of messages	If any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this Act	Imprisonment for a term which may extend to 1 year in addition to the fine with which he is punishable under section 23 i.e. fine upto Rs. 500
S. 25: Intentionally damaging or tampering with telegraphs	If any person intending to prevent or obstruct the transmission or delivery of any message, or to intercept or to acquaint himself with the contents of any message, or to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof,	Imprisonment for a term which may extend to 3 years, or with fine or with both.
S.25A: Injury to or interference with a telegraph line or post.	If, in any case not provided for by section 25, any person deals with any property and thereby wilfully or negligently damages any telegraph line or post duly placed on such property in accordance with the provisions of this Act Exception: the provisions of this section shall not apply where such damage or interruption is caused by a person dealing with any property in the legal exercise of a right if he has complied with the provisions of section 19A (1).]	Expenses (if any) as may be incurred in making good such damage, and shall also, if the telegraphic communication is by reason of the damage so caused interrupted, be punishable with a fine which may extend to Rs. 1000.
S.26: Telegraph officer or other making away with or altering , or unlawfully intercepting or disclosing, messages, or divulging purport of signals	If any telegraph officer, or any person, who is not a telegraph officer but has official duties at any telegraph office: willfully, conceals, makes away with or alters any message which he has received for transmission or delivery, or willfully, and otherwise than in obedience to an order of the Central Government or of a State Government, or of an officer specially authorized [by the Central or a State Government] to make the order, omits to transmit, or intercepts or detains, any message or any part thereof, or discloses the contents or any part the contents of any message, to any person not entitled to receive the same, or divulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same, Except in pursuance of his official duty or in obedience to the direction of a competent Court does such an act.	Imprisonment for a term which may extend to three years, or with fine, or with both.
S.27: Telegraph officer fraudulently sending messages without payment.	If any telegraph officer transmits by telegraph any message on which the charge prescribed by the Central Government, or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the Central Government, or that person.	Imprisonment for a term which may extend to 3 years, or with fine, or with both.
S.28: Misconduct	If any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office is guilty of any act of drunkenness, carelessness of other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed or if telegraph officer loiters or delays in the transmission or delivery of any message.	Imprisonment for a term which may extend to 3 months, or with fine which may extend to Rs. 1000, or with both
S.29A: Penalty	If any person, without due authority, - makes or issues any fake or forged document which is believed to be issued by, or under the authority of, the Director-General of [Posts and Telegraphs], or forged or fake stamp or mark of any Telegraph Office under the Director General of [Posts and Telegraph]	Fine which may extend to Rs. 50
S.30: Retaining a message delivered by mistake	If any person fraudulently retains, or conceals removes holds without any reason any message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects of refuses to do so	Imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 31 deals with bribery and section 32 states that, “whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.

Part V: Supplementary Provisions

Section 33 deals with the power of the State Government to employ additional police force in place where mischief to telegraph is repeatedly committed.

[1].(1997) 1 SCC 318
[2].Section 5(2), Indian Telegraph Act.
[3].Section 3(4), Telegraph Act, 1885 – “telegraph line” means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same.
[4].Section 3(6), Telegraph Act.

For more details visit https://cis-india.org/telecom/resources/indian-telegraph-act

National Telecom Policy, 2012

snehashish — 2013-03-15T06:00:26Z

The National Telecom Policy, 2012 was approved by the Union Cabinet on May 31, 2012.

The vision of the policy is, “to provide secure, reliable, affordable and high quality converged telecommunication services anytime, anywhere for an accelerated inclusive socio-economic development”. The policy also aims at recognizing telecom as infrastructure in order to realize the potential of ICT for development.

The main components of the policy are:

Broadband Rural Telephony and Universal Service Obligation Fund
R&D, Manufacturing and Standardization of Telecommunication Equipment
Licensing, Convergence and Value Added Services
Spectrum Management
Quality of Service and Protection of Consumer Interest
Security

Vision of the National Telecom Policy, 2012

The vision of the Policy is, “to provide secure, reliable, affordable and high quality converged telecommunication services anytime, anywhere for an accelerated inclusive socio-economic development”. The vision is to transform the country into an empowered and inclusive knowledge based society through telecommunication as the platform. Information and access to information is a major part of any development scheme, better communication systems can help in increasing awareness and knowledge about various issues in the society.

Background

The growth of telecommunication in rural areas has been slow, with only 34 per cent of the total connections. There is an urgent need to bridge this digital divide and communication gap by providing better and advanced telecommunication services in the rural and remote areas. The current National Telecom Policy, 2012 also aims at an investor friendly policy. It also seeks to generate employment in various telecom sectors through this policy. One of the salient features of the policy is to make available broadband on demand and use of telecom infrastructure which in turn would enable businesses in urban as well as rural areas to engage in the web-economy and e-commerce for inclusive development.

Mobile Devices as an Instrument of Social Empowerment (e-Governance, m-Governance)

The Policy endeavours at making mobile devices as tools for social empowerment. This will be achieved through enabling participation of citizens in e-governance and m-governance projects in key sectors such as health, education, skill development, employment, governance and banking on mobile devices. Cloud-computing will be also used to enable social networking and participative e-governance. One Nation-Full Mobile Number Portability to be implemented and work towards One Nation Free Roaming.

Mobile devices are not only to be used for communication but also to be used as devices to authenticate proof of identity and facilitate secure financial transactions, multilingual services and other capabilities which will assist in increasing the literacy rate in the country.

Strategies

Broadband Rural Telephony and Universal Service Obligation Fund
The Policy dictates for a robust and secure telecommunication service in the rural and remote areas. In order to bridge the digital divide the Policy also mandates affordable and high quality broadband connectivity and telecom service throughout the nation. This will be achieved through combination of technologies viz., optical fibre, wireless, VSAT and others. Optical fibre networks to be laid down to the village panchayats, using USOF funding. It also aims at high speed broadband access to all the village panchayats by 2014 and access to all villages and habitation by 2020. It also aims at increasing the rural tele-density from 29 to 70 by 2012 and 100 by 2020. With high quality voice, data and multimedia and broadcasting services on converged networks,[1] it is expected to render better service to the user.

The policies formulated with respect to access to broadband are:

Develop an “eco-system for broadband” and also work towards a “right to broadband”. It also endeavours to recognize telecom and broadband service a basic necessity in the field of education and health.
Provide affordable and reliable broadband on demand by 2015, 175 million broadband connections by 2017; 600 million by 2020 at a minimum speed of 2 Mbps download speed and also to make available higher speeds of at least 100 Mbps on demand.
Revise the existing broadband download speed from 256 Kbps to 512 Kbps and 2 Mbps by 2015 and speed up to at least 100 Mbps thereafter. The policy also encourages use of FTTH (fibre to the home) to create a “always connected” society.
Set up an agency, to co-ordinate with different government departments in order to efficiently lay optical fibre cables across the nation and help in rapid expansion of broadband services in the country.
Use broadband along with other government agencies for the implementation of e-governance, e-panchayats MNREGA, NKN, AADHAR, AAKASH tablet. It will also help in facilitating secure financial transactions online.
Stimulate interest with respect to utility of broadband by promoting regional and local content with the help of the Department of Information Technology. This will help in generating investment for All-Internet Protocol (IP) Networks including Next Generation Networks (NGN)

R&D, Manufacturing and Standardization of Telecommunication Equipment

The Policy directives for encouraging R&D are:

Encourage indigenous manufacturing and R&D, entrepreneurship and IPR creation in the field of telecom products and service under the 12th 5 year plan.
Preference to be given to domestically produced telecom products in case of those telecom products which have security implication for the country or which will be put to government use. Moreover, the policy in order to promote indigenous R&D in telecommunication technology will provide for fiscal and financial incentive will be granted for indigenous R&D.
Focus on production and R&D of telecom equipment as well as address the issues of security and strategic concerns. It also aims to focus on a green policy and use of renewable sources of energy in the telecom sector.
Set up a council with experts from sectors of the telecom industry including telecom service providers, telecom manufacturing industry, government, academia and R&D institutions. The functions of the Council would be to (a) forecast on technology change and product development; (b) update the national programme for technology/product development; (c) to act as a nodal group to ensure implementation of the recommendations made for R&D and IPR creation.
Promote collaboration between telecom service providers, manufacturers, R&D centres, academia and other stakeholders for development and introduction of new products in the market which are more suitable for Indian environment and security needs.
Assist entrepreneurs by creating funds and promoting indigenous manufacturing, R&D and intellectual property creation.

The Policy also addresses issues with regards to standards in the telecom sector. The main policy directives for standardization of telecom in India are:

Set up new standards to meet national requirements and participate in the standard making process carried out by international standardization organizations and also contribute in formulation of global standards.
Implement platform neutral services in e-governance and m-governance in the sector of health, education and agriculture. The Policy objective is also to encourage development of mobile phone based on open platform standards.
Mandate to use common platform for interconnection of various networks for non-discriminatory and non-exclusive access.
Create a road-map for aligning technology, demand, standards and regulations for the purpose of promoting competition in the market.
Set up a Telecommunication Standard Development Organisation (TSDO) as an autonomous body to build consensus about standards to meet national requirements including security requirements. The Organisation will also oversee participation of government, industry, R&D centres, service providers and academia in such setting of standards.

In order to promote domestic manufacture of telecom equipments, the Policy seeks to support electronic design and manufacturing clusters for design, development and manufacture of telecommunication equipment. The Policy aims to provide incentive for export of telecom equipment and also give fiscal incentives for domestic manufacturing of telecom equipments under the Modified Special Incentive Package Scheme (M-SIPS). It will also lay down mechanism for testing and certification with respect to conformance, performance, interoperability, health, safety, security, EMF/EMI/EMC (electromagnetic compatibility).

Licensing, Convergence and Value Added Services

The policy regarding licensing:

Simplify the licensing framework in order to facilitate converged high quality services.
Strengthen institutional and legal and regulatory framework and to bring more transparency and efficiency in decision making process and also implement web-based e-governance solution for online application, processing and issuance of licence by Department of Telecommunication.
Convergence of technology, for the purpose of enabling a single network for voice data and video, internet telephony (VoIP), value added services and broadcasting services.
Move towards convergence between telecom, broadcast, IT service, networks, platforms, technologies. It is also imperative to overcome hurdles such as “existing segregation of licensing, registration and regulatory mechanisms in these areas to enhance affordability, increase access, delivery of multiple services and reduce cost.”
Use of fixed mobile convergence in order to optimize the delivery of services to the consumers irrespective of the device or the location.
Support from USOF for telecom services, including converged communication services for providing services in commercially unviable rural and remote areas.

Spectrum Management

The Policy aims at creating a framework for increasing the availability of spectrum for the purpose of telecom services. It also seeks to implement a transparent process for allocation of spectrum as well as ensure availability of spectrum. The Policy wishes to make available additional 300 MHz for IMT (4G) services by 2013 and another 200 MHz by 2020.

The government will also promote efficient use of spectrum and will conduct periodical spectrum usage audit. It will also de-licence un-used and additional frequency bands for public use. It will also conduct periodic audit of spectrum use, to ensure optimum use of spectrum.

The policy directives for spectrum management are:

Liberalise spectrum for the purpose of enabling use of spectrum for providing any service through any technological medium. Such liberalisation policy will also allow spectrum pooling, sharing, and later trading to effect optimum use of spectrum. This will be done through appropriate regulatory framework.
Re-farm spectrum to allot alternate frequency bands to service providers and also to make available spectrum for the introduction of new technologies in the telecom market.
Devise a roadmap for the purpose of making available additional spectrum in the next five years. It also seeks to make available globally harmonised IMT spectrum in 450 MHz, 700 MHz, 1800 MHz, 1910 MHz, 2.1 GHz, 2.3 GHz, 2.5 GHz, 3.5 GHz bands and other bands to be identified by ITU for commercial mobile services.
Provide small chunks of frequency bands for the purpose of research and development indigenous technologies and products.
Optimize spectrum allocation by reviewing the existing geographical unit of allocation of spectrum.
Promote use of white spaces with low power devices, without causing harmful interference to the licensed applications in specific frequency bands by deployment of Software Defined Radios (SDRs), Cognitive Radios (CRs), etc.
Establish Institute of Advanced Radio Spectrum Engineering and Management Studies (IARSEMS) which will carry out policy research in radio spectrum engineering, management/radio monitoring and related aspects.

Quality of Service and Protection of Consumer Interest

The main policy mandate is to further empower TRAI (independent regulator) for the purpose of ensuring that the prescribed performance standards and quality of service parameters are complied with, by the service provides and also provide support to the sector regulator in creating awareness about services, tariff and quality of service. It also seeks to balance the interests of the consumer and the service provider.

The Policy objectives with respect to protection of consumer interests:

Informed consent;
Transparency;
Accountability in quality of service, tariff, usage and;
Strengthen grievance redressal mechanisms

The strategies adopted for ensuring quality of service and protections of consumer interest are:

Formulate code of practices of sales and marketing communication.

Mandate web-based disclosure of area coverage by the telecom service providers.

Establish National Mobile Property Registry to deal with issues of security, theft and other concerns such a reprogramming of mobile handsets.

Undertake legislative measure to include dispute between telecom consumers and service providers within the jurisdiction of consumer forums.

Security

The objective of the policy is to formulate a strategy to address the concerns related to communication security and network security. AADHAR based authentication framework would be crucial in providing service such as m-payment.

The strategy adopted to implement security measures are:

Telecom service providers must take adequate measures; to ensure security of the communication send and received through their networks. The service provider will adopt contemporary network security standards

Telecom service providers must provide communication assistance to law enforcement agencies. Telecom service providers must assist law enforcement agencies within legal framework and also keeping in view the individual privacy and also following international practices to the extent possible for fulfilling national security needs.

Regulatory measures to ensure that safe to connect devices are inducted on to the network. To build national capacity around security standards, security testing, and interception and monitoring capabilities.

[1].Multiple communication service on a single network; See, http://bit.ly/zEA4wa

For more details visit https://cis-india.org/telecom/resources/national-telecom-policy-2012

The Telecom Regulatory Authority of India Act, 1997

snehashish — 2013-03-15T06:21:43Z

The main objective of the Telecom Regulatory Authority of India Act, 1997 (TRAI Act) was to establish the Telecom Regulatory Authority of India (TRAI) and Telecom Dispute Settlement Appellate Tribunal (TDSAT). The main purpose of these two institutions established under the TRAI Act is to regulate telecommunication services, adjudicate disputes, dispose appeals and protect the interest of the service providers as well as the consumers. The Act also aims at promoting and ensuring orderly growth of the telecom sector.

A bill to establish a non-statutory telecom regulator was proposed in the Parliament by the Government through an amendment to the Indian Telegraph Act, 1985. However, this proposal was dropped by the Parliament because several Members of the Parliament argued for a statutory telecom regulator. TRAI was then constituted under the presidential ordinance[1] issued in 1997, later it was ratified by the Parliament by enacting the TRAI Act. Subsequently, TRAI Act went through major amendments in the year 2000.

Amendment to the TRAI Act

The TRAI Act was amended through the TRAI (Amendment) Act, 2000 (“Amendment Act”). Before the amendment, TRAI exercised both regulatory and dispute resolution functions. The Amendment Act established the Telecom Dispute Settlement Appellate Tribunal to solely deal with relevant disputes. There was ambiguity in the Act as to whether TRAI recommendations are binding upon the Government; this was clarified by the Amendment Act.

Independent Telecom Regulatory Authority

In Delhi Science Forum v. Union of India, the Supreme Court while deciding on the constitutionality of the National Telecom Policy, 1994 observed that it is necessary that the telecom regulator should be an independent body. National Telecom Policy, 1994 allowed for private participation in the telecommunication sector, and in the light of this policy change the Supreme Court also emphasized on the necessity of an independent statutory authority in a deregulated and competitive telecom market.

Government Control over TRAI

TRAI is not a completely independent telecom regulator. The Government exercises certain amount of control over TRAI. Under section 25 of the Act it has the power to issue directions which are binding on TRAI. The TRAI is also funded by the Central Government. Moreover, under section 35 of the TRAI Act, the Central Government has the power to make rules on various subjects and such rules are binding upon TRAI. Therefore, TRAI is not a completely independent telecom regulator as envisioned by the Supreme Court.

Scheme of the TRAI Act

The TRAI Act contains six chapters. Chapter 1 deals with applicability of the Act, key concepts and definitions. Chapter 2 contains provisions for constitution of the TRAI. Chapter 3 deals with the powers and functions of TRAI. Chapter 4 deals with establishment of appellate tribunal, TDSAT and the procedure of the appellate tribunal. Chapter V deals with finance, accounts and audit of the two institutions established under the Act. Chapter 6 consists of miscellaneous provisions for the purpose of smooth functioning of the two institutions created under the Act.

Constitution of TRAI

Telecom Regulatory Authority of India (TRAI) was established as a corporation under Section 3 of the Act. The head office of TRAI is in New Delhi. TRAI constitutes of a chairperson and less than two, full time and part-time members. The chairperson and the members of TRAI are appointed by the Central Government and the duration for which they can hold their office is three years or until they attain the age of 65 years, whichever is earlier. The persons who are appointed should have special knowledge and prior experience in the field of telecommunication, industry, finance, accountancy, law, management or consumer affairs. If someone, who has been in the service of the Government prior to appointment then he should have served the Government in the capacity of a Secretary or Additional Secretary for a period more than three years.

Section 8 deals with procedure to be followed with respect to meetings of TRAI. All questions before TRAI will be decided by a majority vote of the members, present and voting. The person who is presiding the meeting will entitled to a second or casting vote.

The TRAI may also appoint officers and employees in order to carry out its function under this Act. Currently the officers and employees of TRAI are divided into nine divisions. The divisions are:

Mobile network division;
Fixed network division;
Converged network division; (iv) quality of service division;
Broadcast and cable services division;
Economic division (vii) financial analysis and internal finance and accounts division;
Legal division and (ix) administration and personnel division.

Powers and Functions of TRAI

The functions of the TRAI are enumerated under section 11 of the TRAI Act. The function mentioned under the provision has an overriding effect on any provision of the Indian Telegraph Act, 1885.

The 2000 Amendment classified the TRAI’s functions into four broad categories:

Making recommendations on various issues;
General administrative and regulatory functions;
Fixing tariffs and rates for telecom services; and
Any other functions entrusted by the Central Government.

The functions of the TRAI are:

The recommendations made by the TRAI are not binding on the Central Government. However, the Central Government has to mandatorily ask for recommendations from TRAI with respect to need and timing of new service provider and terms and conditions of the licence to be granted to the service provider. TRAI has the obligation to forward the recommendation to the Central Government within 60 days from the date of the request for recommendation. TRAI may also request for relevant information or documents from the Central Government to make such recommendations and the Central Government has to furnish such information within seven days from the date of the request.

The Central Government can issue licence to the service provider, if TRAI fails to give any recommendation within the stipulated period. Where the Central Government is of the opinion that the recommendations made by TRAI cannot be accepted or need modification, then it can send them back to TRAI for reconsideration. TRAI may reply within a period of 15 days from the date of reference.

TRAI also has the power to notify in the official gazette the rates at which telecommunication services are being provided in and outside India. TRAI shall ensure transparency while exercising its powers and discharging its functions.

TRAI under section 12 has the power to call for information and conduct investigation. It also has got powers to issue directions under section 13.

Telecom Disputes Settlement Appellate Tribunal

The Telecom Dispute Settlement Appellate Tribunal (Tribunal) is established under section 14 of the Act. It is the sole dispute resolution body in the communication sector. It can adjudicate upon any dispute between:

Licensor (Central Government) and a licensee.
Two or more service providers.
Between a service provider and a group of consumers.

However, the Tribunal does not have any jurisdiction to try any matter which deals with anti-competitive trade practices or any consumer complaint.

Grounds and Procedures for Appeal to the Tribunal (Section 14A)

The Central Government, State Government, any local authority or any person can approach the Tribunal for adjudication on matters related to dispute between parties mentioned above.

It can make recommendation either on its own accord or on the request of the Government on the following matters:
- Need and timing of new service provider.
- Terms and conditions of the licence which may be granted to the service provider.
- Revocation of licence for not following the term and conditions of the licence.
- Measures to facilitate competition in the market and promote efficiency and growth in the telecom sector.
- Type of equipment to be used by service provider.
- Technological improvements in the services.
- Measure for development of telecommunication technology.
- Spectrum management.
The TRAI also has to discharge certain functions apart from making recommendations to the Government:
- Ensure compliance with the terms and conditions of the licence.
- Fix the terms and conditions of inter-connectivity between service providers.
- Ensure technical compatibility and effective inter-connection between different service providers.
- Regulate any arrangement between service providers for sharing of revenue derived from providing telecommunication services.
- Lay down standards for quality of service and also ensure and conduct periodal survey as to implementation of standards for quality of service.
- Lay down and ensure the time period for implementing local and long distance circuits of telecommunication between different service providers.
- Maintain register of interconnect agreements between service providers and such register should be made available to any member of the public for inspection on payment of a fee.
- Ensure effective compliance with the universal service obligations.
- Levy fees and charges at such rate and for services as determined by regulations.[2]

TRAI under section 12 has the power to call for information and conduct investigation. It also has got powers to issue directions under section 13.

Telecom Disputes Settlement Appellate Tribunal

Licensor (Central Government) and a licensee.
Two or more service providers.
Between a service provider and a group of consumers.

However, the Tribunal does not have any jurisdiction to try any matter which deals with anti-competitive trade practices or any consumer complaint.

Grounds and Procedures for Appeal to the Tribunal (Section 14A)

The Central Government, State Government, any local authority or any person can approach the Tribunal for adjudication on matters related to dispute between parties mentioned above.
An appeal can be referred to the Tribunal in case any party [3] is aggrieved by the decision of TRAI. However, such appeal has to be made to the Tribunal within 30 days from the date on which the party receives a copy of the decision or direction given by TRAI. However, the Telecom Tribunal may condone the delay provided that there is a reasonable ground justifying the delay.[4]
The Tribunal will pass an order after giving an opportunity to be heard, to the parties to the dispute.
The Tribunal is also obligated to send a copy of the order passed by it to TRAI.
In case of appeal from the decision of TRAI, the Tribunal should try to dispose of the case at the earliest and try to give a decision within 90 days from the date of appeal.

Composition of the Tribunal (Section 14B)

The Tribunal consists of a chairperson and two other members, appointed by the Central Government. Selection of chairperson and the two members is done in consultation with Chief Justice of India.

Qualification and term of office of the Chairperson and Members

The minimum qualification for a Chairperson is that he is or has been a judge of the Supreme Court or a Chief Justice of a High Court and the minimum qualification for a member is that he should have been at the post of a secretary to the Central Government or at any equivalent post in the Central Government. A person can also be qualified as a member of the Tribunal if he has held the position of Secretary under the State Government for a period more than two years and has knowledge and experience in technology, telecommunication, industry, commerce or administration.

Term of Office

The Chairperson can hold office till he attains the age of 75 or completes three years, whichever is earlier. The members of the Tribunal can hold office till they attain the age of 65 years or complete three years, whichever is earlier.

Procedure of the Tribunal

Procedure and powers of the Tribunal is laid down under section 16 of the TRAI Act. The Civil Procedure Code, 1908 which lays down the procedure of the conventional courts is not applicable to the Tribunal.

An appeal from the Tribunal’s final order in a matter can be directly referred to the Supreme Court under section 18 of the TRAI Act. However, in the circumstance where the Tribunal has passed an order with the consent of the parties to the dispute, no appeal can be made to any court or tribunal.

Within five years of its creation the Tribunal has already decided 400 cases consisting of complex questions of law.

[1].Presidential ordinance is TRAI Ordinance (No. 11 of 1997).
[2].Regulation means regulations made by the TRAI under this Act.
[3].Any party includes the Central Government, State Government, any local authority or any person.
[4].Bharati Telnet v. Union of India, (2005) 4 SCC 72.

For more details visit https://cis-india.org/telecom/resources/trai-act-1997

Decision Analysis for Interest Rates - II

Shyam Ponappa — 2012-09-04T10:14:37Z

India needs to make practical choices that prioritise growth. This is the second column. The previous column was published in the Business Standard on July 5, 2012. It explained how lower interest rates could improve growth by increasing net profits.

Shyam Ponappa's column was published in the Business Standard on August 2, 2012

A UN report last June stated: “…the increasing independence of central banks, tighter monetary policy, and inflation-targeting regimes, unnecessarily high — and sometimes, pro-cyclical --policy interest rates were probably one of the most important contributors to the worldwide slowdown in growth...”1 The economy is slowly grinding down as high interest takes its toll. While fear of inflation is understandable, demand-side resolve will not help our supply problems.

Surely monetarists also see growth as being dangerously low for India, with its large, explosive, not-so-well-served, -educated, nor -prosperous population? Focusing on anything except growth as the highest priority is a mistake we cannot afford. Everything else depends on it, whether it is feeding people, clothing them, providing livelihood, sanitation, shelter, electricity, social stability, even law and order.

My previous column (Business Standard, July 5, 2012) explained how lower interest rates could improve growth by increasing net profits. The purpose was to demonstrate the application of decision analysis through simulation, using financial process-flow logic. The question addressed was: what happens if interest rates are lowered in the present circumstances? Answer: profits would rise, reviving growth through higher income, employee compensation and taxes, with more savings and investment.

Consider what might have happened. In March 2012, net profit was 8.8 per cent of total revenues for 2,840 companies.2 This would have risen to 11 per cent by June if interest costs fell 20 per cent per the example. With some reduction in raw-material costs, net profit could have risen further.

What actually happened? The RBI held firm, and net profit stayed about the same at 9.1 per cent (+0.3) for the quarter ended June (711 companies reporting by July 30, roughly 25 per cent). This was despite revenues dropping by about 3 per cent, higher taxes (0.4 per cent), and interest costs rising from 11.1 per cent in March to 17.3 per cent, as expenses dropped by 7 per cent with big cuts in inventories.

Commentary

Some issues in responses to the earlier article are outlined below, assuming an understanding of finance and awareness of economic history.

1. Straw-man arguments: Zero rate or 100 per cent debt
Some readers asked, why not a zero rate? Answer: misallocation and lower productivity. Others asked, why not 100 per cent debt? Answer: bankruptcy risk. Still others suggested that providing support to business was not the only requirement. This is addressed above in growth being the highest priority. Reducing rates from current levels does not mean dropping to zero, nor ignoring prudential norms for debt/equity. Our goal is presumably sustained growth, not volatility with risk. Near-zero rates are known to create problems through misallocation, asset bubbles, and reduced productivity, e.g., in Japan, the USA, and the UK. However, Switzerland used low rates to tackle an overvalued currency in the late 1970s.

Low rates induce a propensity to higher debt. This is because of a tendency to misconstrue the Modigliani Miller theorem, viz., that a firm is valued by the earning power of its assets and their risk unrelated to capital structure, to mean that high leverage has no adverse consequences. The lower the rates, the more the temptation to leverage, and the greater the risks.

2. The “correct” interest rate
If rates were cut, what figure would be “correct”? Instead of a search for the perfect mathematical step, it is much more important to act in the right direction. Simulation helps to establish an appropriate range. Within that range, the rate is less important than that it’s a significant cut in these circumstances (1 per cent?), while not being too drastic. This is not a theoretical search for a perfect rate, but a pragmatic step to induce growth, for India to regain its investment destination status.

The idea of a closed-form point estimate that is “correct” is misplaced, because correctness depends on circumstances, timing, and cultural/emotional/political responses, i.e., animal spirits. Simulation helps in exploring the range of probable outcomes for causal factors. Each factor has its own probability distribution, sometimes contingent on others (a Markov chain), yielding a range of probable outcomes, and not a point estimate.

3. The RBI intended to slow growth
One view is that the RBI slowed growth in the hope of containing inflation. Therefore, criticising it for achieving the intended result serves no purpose. Surely the intention was not to slow to this extent?

Other critical issues: Processes for growth
Apart from lower interest rates, certain fundamental processes also need to be addressed with undiluted focus. These are goal setting, prioritisation, and coordination.

a) Goal setting: Capital requirements
India needs capital to grow, from both domestic and foreign investors. Paradoxically, growth is a critical prerequisite. If this is seen as greed or sophistry, let’s devise a better plan.

b) Prioritisation: Growth is the first requirement, as everything else depends on it.

c) Coordination: Effective coordination is the key to achieving growth. This is exemplified by the current state of electricity distribution, despite the addition of 20,000 Mw of capacity last financial year, mostly stranded, with the supply of coal supposedly being addressed, but without positive results.

Real interest rates (and growth)
In addressing these processes, one problem is conflicting information, for example on real interest rates. Does India have negative rates as some claim? The chart above shows World Bank data until 2011, with India’s generally higher rates.

Food inflation (and growth)
Food inflation is constraining interest rate cuts. The RBI’s statements and some commentators’ remarks lamenting that food inflation prevents rate cuts epitomise a misapprehension about supply and demand that sorely needs resolution. A recent study covering four states (Bihar, Punjab, Uttar Pradesh, West Bengal) suggests that rainfall drives agricultural output in Uttar Pradesh and West Bengal.[3]

The report concludes that supply side problems primarily affect food prices, not fluctuations in demand. Add supply constraints from inadequate infrastructure and distribution processes, and it is clear that high interest rates cannot possibly solve the problem of food inflation.

[1].“The Scorecard on Development, 1960-2010: Closing the Gap?”, Mark Weisbrot and Rebecca Ray, June 2011: http://bit.ly/kkP83I
[2].http://bit.ly/JytL69
[3]. “The Curious Case of Indian Agriculture”, Nilanjan Banik and Basudeb Biswas, April 28, 2012: http://bit.ly/PZLztp

For more details visit https://cis-india.org/telecom/http-organizing-india-blogspot-in-aug-2-2012-shyam-ponappa-decision-analysis-for-interest-rates

New Telecom Policy, 1999

snehashish — 2013-03-15T05:56:53Z

The New Telecom Policy, 1999 was formulated on the basis of the report of Group on Telecommunication. The Government, constituted a high level Group on Telecommunication (GoT) to review the existing telecom policy i.e., the National Telecom Policy, 1994. The main reason for a new telecom policy was that the goals of the National Telecom policy, 1994 were not achieved within the stipulated time period and on the other hand there was immense growth in information and communication technology, this led to the need for a change in the telecom policy.

Objectives

The objectives of the New Telecom Policy, 1999 were:

Access to affordable and effective means of telecommunication for all citizens. Strike a balance between universal services to all uncovered areas and high level services.
Encourage development of telecommunication facilities in remote, hilly and tribal areas of the country.
Formation of a modern and efficient telecommunication system based on convergence of IT, media, telecom and consumer electronics to propel India into becoming an IT superpower.
To alter PCO’s, wherever justified into Public Tele-info Centres having multimedia capability like ISDN services, remote database access, government and community information systems etc.
Strive to transform in a time bound manner a competitive telecommunication system in both rural and urban areas.
Achieve efficiency and transparency in spectrum management. Protect the defence & security interests of the country. Enable Indian Telecom Companies to become truly global players.
Encourage research and development efforts in the country.

Targets of the New Telecom Policy, 1999

Access to telephone on demand by the year 2002 and sustain it thereafter to achieve a tele density of 7 by the year 2005 and 15 by the year 2015.
Encourage development of affordable telecommunication system in rural areas and making rural communication mandatory for all fixed service providers
Provide reliable transmission media in all rural areas and increase the rural tele-density from the current level of 0.4 to 4.0 in 2010.
Make available internet access to all district headquarters by the year 2000.
Access to high speed internet and multimedia capabilities using ISDN to all towns with a population over 2 lakh by the year 2002.

New Category of Service Providers

The New Telecom Policy, 1999 strived to create an environment which would enable a continued attraction of investment in the telecom sector and also enhance creation of technological infrastructure by leveraging technological development. Categorisation of services as per the National Telecom Policy, 1999:

Cellular Mobile Service Providers (CMSPs),
Fixed Service Providers (FSPs) and Cable Service Providers, collectively referred as ‘Access Providers’;
Radio Paging Service Providers;
Public Mobile Radio Trunking Service Providers;
National Long Distance Operators;
International Long Distance Operators;
Other Service Providers;
Global Mobile Personal Communication by Satellite (GMPCS) Service Providers;
V-SAT based Service Providers

Restructuring of the Department of Telecommunication (DoT)

Before the 1999 Policy, licensing, policy making and the service provision functions were under the purview of DoT. The Policy indicated that the Government will separate the policy and licensing functions of the DoT from the service provisioning function of it. It also stated that corporatization of DoT will take place by the year 2001 after keeping in mind the interest of all the stakeholders.

It also envisaged that all the future relationships between DoT and MTNL and BSNL will be based upon best commercial principles.

Spectrum Management

The Policy noted that with the introduction of new technologies into the market the demand for spectrum has increased. It also recognized the need for utilizing spectrum efficiently, economically, rationally and optimally. Under the Policy, the Government intended to revise the National Frequency Allocation Plan. The allocation plan would be in conformity with the International Telecommunication Union (ITU) regulations.

Universal Service Obligation Fund (USOF)

Under the Policy the Policy the Government planned to achieve certain targets to provide basic telecom services at an affordable and reasonable price. The objectives were:

Provide voice and low speed data service to the balance 2.9 lakh uncovered villages in the country by the year 2002
Achieve Internet access to all district head quarters by the year 2000
Achieve telephone on demand in urban and rural areas by 2002

The resources and funding for the USOF will be realised from a universal access levy which would be a percentage of the revenue earned by the service providers under the different licences. This will be fixed in consultation with the Telecom Regulatory Authority of India (TRAI).

Role of Regulator

The Policy clarified the role of TRAI in the telecom sector. This was done with regard to the problem where the DoT refused to accept the TRAI’s jurisdiction over some legal questions. The Policy expressly mentions that TRAI is envisioned to be an independent regulator with comprehensive powers. It stated that TRAI has the authority to hear disputes regarding telecommunication and also issue directives to the Government.

The Policy also clarified that the Government will invariably take into consideration TRAI’s recommendation with respect to licensing issues. It also completely ruled out any possibility of delegation of the Government’s licensing and policy making powers as they are essential sovereign functions that cannot be delegated. The Policy also specified regulatory and advisory assignments for TRAI. It would be responsible for formulating regulatory details, licensing conditions and various guidelines with respect to different classes of service providers.

Other Mandates of the Policy

The Policy addresses the issue of standardization. In order to establish integrated telecommunication network and common standards with respect to telecom equipment and services, Telecommunication Engineering Centre will set standards.

The Policy promotes the indigenous manufacturing of telecom equipment for domestic use as well as for export. The Policy also emphasizes on development and training of human resources for all fields related to telecommunications. It also recognizes telecommunication as the prerequisite to development of other technologies. It also ensures that the telecom industry should adequately invest in research and development.

Amendment to the New Telecom Policy, 1999

On 11th November, 2003, an addendum was added to the New Telecom Policy, 1999. The addendum introduced the Unified Licence for telecommunication services which would allow the licensees to provide all telecommunication/ telegraph services covering various geographical areas using any technology.

It also introduced a licence for Unified Access (Basic and Cellular) services which would a licensee to provide basic and/or cellular services using any technology in the define service area.

For more details visit https://cis-india.org/telecom/resources/new-telecom-policy-1999

National Telecom Policy, 1994

snehashish — 2013-03-15T05:51:52Z

The National Telecom Policy, 1994 was formulated for the purpose of opening up the Indian markets for foreign direct investment as well as domestic investment in the telecom sector. The Policy also aimed at providing ‘world class’ quality telecom services and development of telecom services in India. One of the main goals of the 1994 Policy was to increase accessibility to telecom services.

Objectives of the National Telecom Policy, 1994

The main objectives of the 1994 Policy[1]were:

Telecommunication to be accessible to all (telephone on demand)
Universal service (access to basic telecom services for all at a reasonable and affordable price)
‘world standard’ quality of service
Better customer services through efficient complaint redressal systems and dispute resolution mechanisms.
Growth in manufacturing and export of telecom equipment.
Protect the defence and security interest of India.

The target of the National Telecom Policy, 1994 was further revised due to rapid economic growth. The revised targets were:

Telephone to be available on demand by 1997.
All villages in India should have access to basic telephone services by 1997.
In urban area, a PCO should be provided for every 500 persons by 1997.
To make available value added services and to raise telecom services in India to international standard within the 8th Five year Plan (1992-1997), preferably by 1996.

The Status of Telecom Services Prior to Implementation of the National Telecom Policy, 1994

Before the implementation of the policy the telephone density in India was about 0.8 per hundred persons compared to world average of 10 per hundred persons. The telephone density in India was lower than that of other developing countries such as China, Pakistan and Malaysia.

Value Added Services

The sub-sector of value added services was opened for private investment in July, 1992 for the following services:

electronic mail,
voice mail,
data services,
audio text services,
video text services,
video conferencing,
radio paging and
cellular mobile telephone.

In case of services from (i) to (vi), companies registered in India were allowed to operate under a non-exclusive licence. Under the policy, limited number of companies may be granted licence for radio paging and cellular mobile telephone services. Selection of such companies shall be on the basis of a policy and a system of tendering. There were criteria which were applied for selection of companies for grant of licence. The criteria were:

Track record of the company.
Compatibility of the technology.
Usefulness of technology being offered for future development.
Protection of national security interests.
Ability to give best service to the customer at the most competitive cost.
Attractiveness of the commercial terms to the Department of Telecommunication.[2]

Hardware and Technological Aspects

India had already developed that capacity to manufacture necessary telecom equipment. For example, capacity for manufacture of switching equipment had exceeded 1.7 million lines per year in 1993 and was projected to exceed 3 million and the capacity was projected to exceed 3 million lines per year by 1997. The capacity to manufacture telephone instruments was claimed to be more than the requirement. Manufacturing units were also established to build capacity around production of wireless terminal equipment, Multi Access Radio Relay (MARR) for rural communication, optical fibre cables, underground cables, etc.

The Policy also advocated that there should be substantial investment in development of technology related to telecommunication.

Basic Services

The private companies registered in India may also assist the Department of Telecommunication in expanding the telecommunication by providing basic telephone services in rural areas. The Policy stated that such companies have to maintain a balance between urban and rural services and also confirm with the agreed revenue sharing and tariff arrangements.

Method of Implementation under the National Telecom Policy, 1994

The Policy laid down that it has to be implemented with keeping in mind interests of the consumers and there should be suitable arrangements to ensure fair competition.

Outcomes of the National Telecom Policy

In order to implement the NTP, 1994, licences were granted to eight Cellular Mobile Telephone Service (CMTS) operators. Two licences were granted in each of the metropolitan cities. In the second phase of implementation of the policy in December 1995 through a competitive bidding process and more than 14 CMTS licences were issued in 18 state circles and 6 Basic Telephone Service licences were issued in 27 cities and 18 state circles.

The Policy did not produce intended results because the revenue recovered by the cellular and basic operators was less than the expected return. Moreover, the operators were not able to arrange finance to fund their projects.

[1].National Telecom Policy, 1994, available at http://bit.ly/N4dlEk
[2].Para 9, National Telecom Policy, 1994 available at http://bit.ly/N4dlEk

For more details visit https://cis-india.org/telecom/resources/national-telecom-policy-1994

July 2012 Bulletin

praskrishna — 2012-10-09T11:46:15Z

Welcome to the newsletter issue of July 2012 from the Centre for Internet & Society (CIS). The present issue features a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, an analysis of the Indian Draft DNA Profiling Act and CIS statement on Exceptions and Limitations for Libraries and Archives made at WIPO.

Jobs

CIS is seeking applications from interested candidates for the following posts:

Research Manager: CIS is seeking an individual, full-time, for a period of 12 months, beginning from October 2012. The Research Manager is expected to contribute to conceptualising, managing and executing research projects in the field of Internet and Society, build knowledge networks of researchers towards collaborative and open knowledge production and dissemination, developing and executing the monitoring and evaluation processes for humanities and social sciences based research, supporting and managing academic, popular and hybrid publishing projects from existing and new research and initiate innovative and creative areas and methodologies of studying the Internet and its practices in India and the larger Global South, to develop key research clusters and networks. Send in your applications by September 5, 2012 to admin@cis-india.org.
Programme Director – Access to Knowledge: CIS is seeking a Programme Director for its New Delhi office. The Programme Director will manage CIS’s Access to Knowledge programme which is funded by the Wikimedia Foundation, to support the growth of Wikipedia and its sister projects and to advance access to free knowledge in India. The Programme Director will partner with the large Wikimedia community in India to focus on Indic and English languages and will manage a team of four staff members.
Programme Officer – Access to Knowledge and Openness: CIS is seeking an individual with a strong background in policy research and advocacy to be part of its Openness and Access to Knowledge programmes. The candidates must have knowledge of Indian and international law on copyright, demonstrable research skills, public-speaking skills, open to travel and work independently.
Programme Officer – Internet Governance: CIS is seeking an individual with a strong background in legal research and policy work to be part of its internet governance (IG) programme. The candidates must have good knowledge of Indian and international law on freedom of expression and privacy, demonstrable research skills, have strong communication skills and be media savvy with the ability to convey complex legal issues clearly to a general audience, open to travel and work independently.

To apply for the posts of Programme Director and Programme Officers, please send your resume to Sunil Abraham (sunil@cis-india.org) or Pranesh Prakash (pranesh@cis-india.org) with three references.

Internet Governance

The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes:

Featured Research

Constitutional Analysis of the Information Technology (Intermediaries' Guidelines) Rules, 2011 (by Ujwala Uppaluri): Ujwala Uppaluri provides a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, and examines its compatibility with Articles 14, 19, 21 of the Constitution of India.
Overview and Concerns Regarding the Indian Draft DNA Profiling Act (by GeneWatch UK & the Council for Responsible Genetics, US): The 2007 DNA Profiling Bill pending before the Parliament attempts to create an ambitious centralized DNA bank that would store DNA records of virtually anyone who comes within any proximity to the criminal justice system. The Bill contains provisions limiting access to and use of information contained in the database, and provides for the deletion of a person’s DNA profile upon their acquittal.

Columns

Internet Censorship: Anonymous Can’t be Just Harmful Hackers (Nishant Shah, FirstPost, July 13, 2012): If there was ever an interesting time for people concerned with freedom of speech and expression to live in, it is now, and it is definitely in India. It has been a series of battles the last couple of years, where a slightly out-dated government machinery has been trying to control and contain the burgeoning online spaces, only to be put in their place by the new-age tech-ninjas that have risen as the new heroes in our digital times.
Open letter to Hillary Clinton on Internet Freedom (Sunil Abraham, Thinking Aloud, July 17, 2012): Sunil Abraham’s open letter to Hillary Clinton was based on a presentation made during a panel discussion at a Google sponsored conference titled Internet at Liberty 2012 in Washington DC on May 24, 2012. The present article published in Thinking Aloud is an updated version of the blog entry published by CIS earlier this year.

Event Report

Privacy Matters — Medical Privacy (Yashwantrao Chavan Academy of Development Administration, Pune, June 30, 2012): Privacy India in partnership with the Indian Network for People living with HIV/AIDS, CIS, IDRC, and Society in Action Group with support from London-based Privacy International, held a public discussion on "Medical Privacy". Elonnai Hickok introduced the draft book Privacy in India: A Policy Guide that Privacy India had been compiling. The participants discussed medical privacy in India, the legal aspects of medical privacy, Supreme Court views on medical negligence, confidentiality and privacy, best practices on medical privacy in various health settings, etc.

Ongoing Event

The Asian Edge: 2012 Inter-Asia Cultural Studies Society Summer School: The 2nd Biannual Inter Asia Cultural Studies (IACS) Summer School is being hosted in Bangalore, India by CIS and the Centre for the Study of Culture and Society. The IACS Summer School brings together South and East Asian experts from different disciplines as faculty for graduate and advanced research students to engage with key issues of larger social, cultural and political concerns in cultural studies in Asia.

Upcoming Event

Role of the US Tech Companies in Government Surveillance: A Lecture by Christopher Soghoian (Centre for Internet and Society, 194, 2-C Cross, Domlur Stage II, Bangalore (Near Domlur Club and the TERI Complex)): Your internet, phone and web application providers are all, for the most part, in bed with US and other foreign government agencies. They all routinely disclose their customers' communications and other private data to law enforcement and intelligence agencies. Worse, firms like Google and Microsoft specifically log data in order to assist the government — How? — Find out — Christopher Soghoian will give a lecture on the role companies play in assisting government surveillance.

Events Organised

Privacy Matters — Consumer Privacy (India International Centre, New Delhi, July 7, 2012): Privacy India, in partnership with the Centre for Internet & Society, International Development Research Centre, Society in Action Group and Privacy International, invite you to a public conference focused on discussing the challenges and concerns to consumer privacy in India.
The Fifth Elephant (NIMHANS Convention Centre, Bangalore, July 27 and 28, 2012): The event was organised by HasGeek and supported by CIS. The first day covered the technology track and talks from business and industry were held on the following day.

Events Participated

Speak Easy: Citizenship, Freedom of Expression and Online Governance (American Centre, Kasturba Gandhi Marg, Connaught Place, New Delhi, July 31, 2012): Chinmayi Arun, a Fellow at CIS spoke at this event organised by the YP Foundation, Youth Ki Awaaz, Change.Org and RTI Anonymous.
Asia Pacific Regional Internet Governance Forum 2012 (Aoyama Campus, Aoyama Gakuin University, Tokyo, July 20, 2012). Sunil Abraham was a speaker in the session on international public policy and internet governance issues pertaining to the internet. The event was organised by APrIGF.Asia.
Fifth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (New Delhi, July 22, 2012): Sunil Abraham participated in this meeting held under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.
Fourth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (Committee Room No. 228, Yojana Bhawan, Planning Commission, New Delhi, July 9, 2012): Sunil Abraham participated in the fourth meeting on privacy issues under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.

News & Media Coverage

A Net of Hatred (Samar Khurshid, Hindustan Times, July 14, 2012): “The problem is...that internet conversations become extreme. Liberals don’t get embroiled in heated arguments while fundamentalists, dedicated to extreme ideologies, tend to win out." Web censorship...is in vain as the net is too vast to control.”— Pranesh Prakash.
Post-website attack, cops hot on pursuit of Anonymous hackers (The Times of India, July 11, 2012): “Anonymous consists of a large bunch of activists who gained some credibility in India after they organised offline protests. But this operation doesn't serve any purpose and brings down their credibility as details of those who filed complaints have been revealed.” — Pranesh Prakash.
The kids are all on Facebook (Shikha Kumar, Daily News & Analysis, July 8, 2012): “Children’s interaction online should always be under parental supervision. Censorship and control is not the responsibility of the government, but of parents.” — Sunil Abraham.
Freedom debate takes a new course (Deepa Kurup, The Hindu, July 1, 2012): “Under Indian copyright law, ISPs cannot be liable for copyright infringement committed by their users. So while it is good that the court clarified that its order was limited in its scope, it is possible to read even this as going far beyond that which is allowed under the law.” — Pranesh Prakash.

Access to Knowledge

The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge:

WIPO

CIS participated at the 24^th session of the WIPO Standing Committee on Copyrights and Related Rights held in Geneva from July 16 to 25, 2012. The outcomes are listed below:

India's Opening Statement on the Treaty for the Visually Impaired at SCCR 24: The opening statement of the Indian delegation was delivered by G.R. Raghavender on July 19, 2012. The statement called upon all countries to conclude textual work on the treaty and call for a Diplomatic Conference to finalize it.
CIS's Statement on the Treaty for the Visually Impaired: Pranesh Prakash read out CIS statement on July 20, 2012.
CIS's Statement on the WIPO Broadcast Treaty: Pranesh Prakash read out CIS statement specifically on the Chair's Non Paper on the Protection of Broadcasters which was released on July 23, 2012.
CIS's Statement on Exceptions & Limitations for Libraries and Archives: Pranesh Prakash delivered the statement on the issue of exceptions and limitations for libraries and archives on July 25, 2012.
Transcripts of Discussions at WIPO: The proceedings were live streamed. Copies of the unedited transcripts are hosted for archival purposes.

International Press Coverage

U.S. support sought for treaty to allow blind people access to copyrighted works (Rama Lakshmi, Washington Post, July 24, 2012): “The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere...The treaty would end the book famine that they currently face.” — Pranesh Prakash.
US and EU blocking treaty to give blind people access to books (Paige McClanahan, The Guardian, July 30, 2012): “We in developing countries have found our voice and we are not going to back down. When people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want.”— Rahul Cherian.

National Press Coverage

EU stalls treaty talks to allow copyright waiver for print disabilities (The Hindu, Priscilla Jebaraj, July 25, 2012): “[The treaty] would allow organisations working for the blind to import and export accessible works without seeking the copyright holder's permission, since very little money is spent in developing countries on converting books into accessible formats, while they are much more readily available elsewhere.” — Pranesh Prakash.

Accessibility

India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies:

Blog Entry

Accessibility of Government Websites in India — Test Results

Openness

The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software:

Blog Entries

Unpacking Openness: From Seemingly Transparent to Definitely Opaque: Nishant Shah was in Netherlands recently and as part of his trip had given a public lecture to an audience at Kennisland. One of the respondents wrote a small write-up of the talk. This was originally published on the Kennisland website on July 25, 2012.
2012 Conference on Trends in Knowledge Information Dynamics (by Rebecca Schild): The 2012 Conference on Trends in Knowledge Information Dynamics convened a panel on Open Access. There was consensus amongst the panelist that the “big question” facing the open access movement no longer remains "if" or "why" open access, but rather "how" open access. The panel proved instructive for shifting the discussion away from ideology towards concrete questions facing the open access agenda and its implementation.
Open Government Data (by Pranesh Prakash): Pranesh Prakash provides an analysis of the chapter that CIS published in this report with Transparency & Accountability Initiative.

Grant Award

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India: Wikimedia Foundation has approved a grant to the Centre for Internet and Society to expand their Access to Knowledge program in India. This information was published by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

Digital Natives

Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:

Book Review

Deconstructing Digital Natives: Young People, Technology and the New Literacies: Nishant Shah was invited to do a book review of a new anthology 'Deconstructing Digital Natives', edited by Michael Thomas. The review was published in Routledge's Journal of Children and Media on July 18, 2012.

Digital Natives Newsletter

Citizen Activism the Past Decade: The deadline for contribution to the Digital Natives newsletter expires on August 15. Nilofar Ansher gives a list of topics that contributors can explore in this blog entry.

Columns

Across Borders (Nishant Shah, Indian Express, July 5, 2012): “Digital Natives are not only a mobile-wielding generation, but also a mobile generation. They are fluid, not necessarily tied to the geographies of their origin, and often imagine themselves, as travelling across different networks and systems, like the information traffic on the internet. This dislocation of the fixity of where we are from and who we are is one of the most exciting results of the digital turn.”
Revisiting Techno-euphoria (Nishant Shah, DML Central, July 5, 2012): “The gadgets and tools we use are, actually, only material manifestations of the digital — which operates at the level of a paradigm or a context, through which we are slowly reshaping the material, social, and cultural notions of who we are and how we connect to the world around us.”

Event Participated

10th International ISTR Conference (Universita Degli Studi Di Siena, Italy, July 10 – 13, 2012): Nishant Shah was a panelist in the session, "Theoretical Grounding of Civic Driven Change". He gave a public lecture on Beyond Normative Citizenships: Exploring the ‘New’ in Digital Activism.

Telecom

While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum:

Building Knowledge and Capacity around Telecommunication Policy in India

Ford Foundation has given a grant of USD 200,000 to CIS to build expertise in the area of telecommunications in India. The following are the latest outputs:

Fixed Line Telephones (by Jürgen Kock): This module discusses the features and the various stages of the development of fixed line telephones, its early history, the basic principle of a fixed line telephone system, plain old telephone service, digital telephones, cordless phones to today's features of fixed line telephones.
Different Forms of Video Communication (by Tina Mani): In this module, Tina Mani takes us through some of the common forms of video communication such as video calling, video conferencing, telepresence and video sharing.
Broadband Policy, 2004 (by Snehashish Ghosh): In this module, Snehashish Ghosh tells us that the Policy was laid down by the Government of India in order to realize the potential of broadband services. It aimed at enhancing the quality of life by implementation of tele-education, tele-medicine, e-governance, entertainment, etc.
Cable Television Networks Regulation Act, 1955 (by Snehashish Ghosh): In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation.
The Indian Wireless Telegraphy Act, 1933 (by Snehashish Ghosh): In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.

RTI Application

Use of DPI Technology by ISPs — Response by the Department of Telecommunications : Smiti Mujumdar on behalf of CIS filed requests under the Right to Information with the Department of Telecommunications, Telecom Regulatory Authority of India, BSNL and MTNL, asking a number of questions related to the use of Deep Packet Inspection (DPI) technology by Internet Service Providers (ISP) in India and corresponding regulations. A scanned version of the response from the Department of Telecommunications is hosted online.

Column in Business Standard

Decision Analysis for Interest Rates (Shyam Ponappa, Business Standard, July 5, 2012): The discipline of systematic evaluation through applying process-flow and decision analysis — in this example, of financial logic — can help make reasoned, practical decisions, whether for interest rates, or for resolving issues in power supply, or in telecommunications, spectrum and broadband.

About CIS

CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. Over the last four years our policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos. With the Government of India we have done policy research for Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc.

CIS is an accredited NGO at WIPO and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.

Follow us elsewhere

Get short, timely messages from us on Twitter
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Visit us at http://cis-india.org

CIS is grateful to its donors, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2012-bulletin

Different forms of Video Communication

Tina Mani — 2013-03-15T05:37:39Z

In this module, Tina Mani takes us through some of the common forms of video communication such as video calling, video conferencing, telepresence and video sharing.

This post was translated in Armenian.

A video is a series of images captured at a rate faster than the eye can perceive. Each image is comprised of many pixels. More pixels indicate more clarity, this is known as resolution. As you can imagine, a video file in the raw (original) format would be huge. Thanks to the digital technologies and availability of advanced digital encoding (i.e. compression) techniques, it became possible to compress these large video files into much smaller files that could be transmitted without much loss or delay. This, along with the availability of high speed IP networks facilitated video as a new means of communication.

Some of the common forms of video communication are Video Calling, Video Conferencing, Telepresence and Video Sharing.

Video Calling

http://commons.wikimedia.org/wiki/File:IP_Video_Phone_1535-DSCN1202-2.JPG

Creative Commons Attribution-Share Alike 3.0 Unported

http://commons.wikimedia.org/wiki/File:TANDBERG_E20_%28Jimmy_Wales%29.jpg
Creative Commons Attribution-Share Alike 3.0 Unported

http://commons.wikimedia.org/wiki/File:Video_Call.jpg
Creative Commons Attribution-Share Alike 3.0 Unported

Figure 1: Different forms of video calling – on landline, mobile and internet (e.g., on Facebook)

Video Calling is a service where two people can communicate using video, i.e., can see as well as hear each other on the phone or a personal computer (PC).

On the landline network: Video calling from PC to PC over internet is usually available as a free service, for example, from providers like Skype, Yahoo Messenger, and more recently Facebook. The user has to be logged into the application to receive the call. The availability of the user, also known as presence, is indicated to other people with a status like offline, available, etc. These services are charged when the communication has to cross over from the internet to a telecom network, and has to pass through an interconnect gateway. This situation arises when you try to call a mobile or landline number from a PC video calling application. The telecom operators charge for interconnection to their network, and so the users are charged for these calls. Detailed working will be discussed in module 2.8.3.

On the mobile network: Video Calling used to be a facility limited to PCs or Internet Protocol (IP) phones using an internet connection, until the availability of Third Generation (3G)[1] technologies on the mobile. With 3G, came the concept of a special call type for video, using a new protocol[2] known as H324M. It uses the Circuit Switched Mode of operation, where a 64 kilobits/sec (Kbps) channel in each direction is reserved for the call for the entire duration of the call. 3G capable handsets support this and provide a menu option to make a video call to any number in the phone book. However, 64kbps is usually not enough for high quality video. The better mode of operation is the Packet Switched Mode,[3] where there is no hard limit on the bandwidth available for the call.

Video calling on the internet, as well as on the mobile in the Packet Switched mode uses protocols like H323 or Session Initiation Protocol (SIP).[4] The Circuit Switched and Packet Switched modes will be discussed in more detail in module 2.2.2. Since data (internet) connections with decent speed and low enough latency[5] are also available on mobile now, the internet video calling applications like Skype once available on the landline network also work seamlessly on the mobile.

One limitation that prevents the use of video calling on the mobile is that many handsets do not have a front camera, and hence one cannot see the other person and be seen at the same time.

Video Conferencing

http://en.wikipedia.org/wiki/File:Ekiga_in_a_call.png
Free license

Figure 2: Video Conferencing on multiple devices

A video call that involves more than two people where all the parties can hear each other and a specific number of people can be seen by the others is called a video conference. The video screen appears as a grid with a number of screens that can be viewed simultaneously. The voice of the speaker is detected to show the video of the current speaker.

The way video conferencing works is that one video stream[6] is transmitted by each participant to a Multipoint Conferencing Unit (MCU). The MCU decides which of the streams to combine to form a single video stream to send to all the participants. For the audio portion, the MCU combines the audio streams from all the participants and transmits them to the recipients as a single stream.

Another simpler form of video conferencing available is a decentralized mode, where every person can see every other person, without any central control. This is in effect like multiple video calls from each person to every other person. This offers higher quality, but utilizes higher bandwidth because it requires a separate stream from each individual to every other person in the call. Skype offers a service called group calling which uses this philosophy.

Nowadays, with the use of High Definition (HD) cameras and videoconference solutions as a cloud offering, high quality video conferencing can be used with no fixed hardware investment. The meaning of “Cloud offering “is that all the hardware/ software is placed at a central location and not at the user premises. The only hardware needed at the user premises is a camera and a terminal (computer).

Telepresence

http://en.wikipedia.org/wiki/File:Tandberg_Image_Gallery_-_telepresence-t3-side-view-hires.jpg
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Figure 3: Telepresence – a sophisticated video conference

Telepresence is a sophisticated form of a video conference, where a real life setting is simulated, so that it appears as if the other party is sitting in the same room. This requires specially designed rooms with cameras, TV screens and special seating arrangements. For example, one setting uses a curved or U-shaped seating; so that it appears that the other room is actually a different section of the same room. Also, the sound is transmitted as High Definition (HD), which makes it sound real. There are multiple screens, and each screen can display people from a room, or a projected document which can be viewed by all the rooms.

Telepresence solutions are provided by companies like Cisco, Polycom and so on, and usually used for corporate meetings across different geographical locations. These solutions are typically very expensive. For corporations or individuals cannot afford the upfront investment of a dedicated room, equipment and bandwidth required for telepresence, public telepresence rooms are offered on a rental basis in the important cities. (e.g. the Tata Public telepresence service).

Video Sharing

http://en.wikipedia.org/wiki/File:Teliris_VL_Unified_2.jpg
Creative Commons Attribution-Share Alike 3.0 Unported

Figure 4: Video Sharing

Video Sharing is an application where a person shares what he is viewing with another person in real time during a voice call. It uses a packet data connection parallel to the connection used for the voice call. When the video is shared, the recipient’s phone switches on automatically, and they can also in parallel continue the conversation. Some people also refer to an application that allows a user to upload his videos to a central location and make it available for viewing by others, for e.g. YouTube., as Video Sharing.

For more details visit https://cis-india.org/telecom/resources/video-communication

Cable Television Networks (Regulation) Act, 1995

snehashish — 2013-03-15T06:10:46Z

In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation.

Before the introduction of cable television in India, broadcasting was solely under the control of the State. The Government of India was caught unprepared with the emergence of cable networks and broadcasting through satellites in the early 1990s. The Government was not able to put a check on transmission and broadcast of television through foreign satellites.

The necessity of procuring licence for operating cable networks was first mentioned by the Rajasthan High Court in the case of Shiv Cable TV System v. State of Rajasthan.[1] In this case, the district magistrate ordered a ban on cable networks as they were being operated without licence. Subsequently the order of the district magistrate was challenged in the Rajasthan High Court on the ground that the order was in violation of fundamental right to freedom trade and profession. The high court held that there was no violation of the right to freedom of trade because cable networks fall within the definition of “wireless telegraph apparatus” under the Indian Wireless Telegraphy Act and therefore it necessary to have licence to operate such network. This highlighted the need for having a framework for the regulation of cable networks in India which led to the enactment of the Cable Television Networks (Regulation) Act, 1995.

Object of the Act

The object of the Act was to regulate the ‘haphazard mushrooming of cable television networks’. Due to the lack of licensing mechanism for cable operators; this resulted in large number of cable operators, broadcasting programmes without any regulation. The Act aimed at regulating content and operation of cable networks. This was due to the availability of signals from foreign television networks via satellite communication. The access to foreign television networks was considered to be a “cultural invasion” as these channels portrayed western culture. It also wanted to lay down the "responsibilities and obligations in respect of the quality of service both technically as well content wise, use of materials protected under the copyright law, exhibition of uncertified films, and protection of subscribers from anti-national broadcasts from sources inimical to national interests".

There were three amendments made to the Act.

The Act is divided into five chapters. The first chapter discusses the scope and extent of the Act and meaning of the terms used in the Act. The second chapter deals with "Regulation of Cable Television Network". The third chapter relates to "Seizure and Confiscation of certain Equipments". The fourth chapter focuses on "Offences and Penalties". The fifth chapter covers other miscellaneous provisions.

Regulation of Cable Television Network

The regulation of cable television network under the Act is ensured through a two step process. In order to keep track of cable operators, it has mandate a compulsory registration for cable operators. It also lays down provisions to regulate content to be broadcasted by the cable operator.

Registration of Cable Operators

In order to regulate cable television networks, it was made mandatory for cable television network operators to be registered.[2] Procedure for registration is laid down is section 5 of the Act. Any person who is operating or desires to operate a cable network may apply for registration to the registering authority.

An application for registration of cable operator has to be made under Form 1 along with the payment of fees of Rs.50 to the head post master within whose territorial jurisdiction the office of cable operator is situated. The registration certificate which is issued by the registering authority after inspection is valid for 12 months and can be renewed.

The registering authority may also refuse the registration of a cable operator. The reason for such refusal has to be recorded in writing and communicated to the applicant.

Section 4A was inserted into the Act by the TRAI (Amendment) Act, 2002. Section 4A deals with "transmission of programmes through addressable system". [Refer to section on “2003- Amendment to the Cable Television Networks (Regulation) Act, 1995 (Amendment Act)"].

Content Regulation

The Central Government, in public interest can put an obligation on every cable operator to transmit or retransmit a programme[3] of any pay channel through addressable system. In public interest the central government may also ‘specify one or more free-to-air channels to be included in the package of channels’ (basic service tier). The Central Government may also, in public interest specify the maximum amount which can be charged by the operator to the subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operators. The cable operators have to publicize to subscribers the subscription rates of each pay channel at regular intervals.

Sections 5 and 6 of the Act deal with advertisement code and programme code. All cable services should be in conformity with the codes. Under section 7, cable operators have to maintain a register as to the content transmitted or retransmitted. All cable operators shall compulsorily re-transmit Doordarshan channels.

Section 9 of the Act mandates ‘use of standard equipment in cable television network’. It is the duty of the cable operator to make sure that the cable television networks do not interfere with authorized telecommunication systems.

Offences and Penalties

Section 11 gives power to the authorized government authority to seize any cable operator’s equipment, if such officer has reason to believe that the cable operator is using the equipment without proper registration.

Sections 16, 17 and 18 of the Act deal with offences under the Act. They lay down punishments for any act which is in contravention with the provisions of the Act.

Section	Ingredients of the Offence	Penalty/ Fine
16	Anyone who is held to be in violation of the provisions of this Act	For the first offence: Imprisonment for a term which may extend to 2 years or with fine which may extend to Rs. 1000 or with both. For every subsequent offence: Imprisonment for a term which may extend to 5 years and with fine which may extend to Rs. 5000.

Section 17 deals with when an offence under this Act is committed by a company; in this case the person in charge will be liable.

The Act also gives power to the authorized officer[4] to prohibit the transmission of certain programmes in public interest under section 19 of the Act.

Under section 20 of the Act, the Central Government in public interest may prohibit the operation cable television network. The Central Government may make such an order in the interest of the (i) sovereignty and integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign state; or (iv) public order, decency or morality.

2003- Amendment to the Cable Television Networks (Regulation) Act, 1995 (Amendment Act)

Numerous complaints were received by the Government stating that there has been unreasonable price hike in cable television by the cable operators. Moreover, the cable operator were not paying appropriate revenue by concealing there income and under-reporting their income. The cable operators defended themselves by stating that the broadcasting industry is unregulated and they are forced to increase the price for proving cable television services as the broadcasting companies can increase the charges as per their wish. In order to address these problems, the government appointed a specialized task force.

Special task force in its study noted that the consumers do not have the choice to select the premium channels they wanted to watch rather it is provided to them in a bundle irrespective of the fact they want to subscribe to such channel or not. In order to give choice to the consumer it recommended the introduction of conditional access systems (CAS). This would require the consumers to set up set-top boxes which will allow the consumers to view all the free to air channel and he can choose to watch any of the premier channels for a charge.

This recommendation of the task force was introduced through the 2003 amendment to the Act. The main objective of the Amendment Act was to address to the frequent and arbitrary increase in cable charges. This was introduced section 4A which allowed operators to transmit pay channels through an addressable system[5]apart from basic package of free-to-air channels.

There was a lot controversy with respect to implementation of the CAS. In order to explain the controversy, it is important to understand the structure of the cable market. The cable market is divided into three categories. Broadcasters, who are at the top of the pyramid, the Multi-System Operators are in the middle and the local cable operators are at the bottom of the pyramid.

The 2003 Amendment introduced to CAS was welcomed by the broadcasters and the MSOs. But the consumer and the local cable service providers were unhappy with this decision because the consumers feared that they have to pay special rates for pay channels whereas the local operators were outraged because they believed that CAS would affect their revenue. Due to the adverse reaction from the consumers and the local cable operator, the government delayed the implementation of CAS indefinitely. This finally culminated in a case[6] before the Delhi High Court.

The Delhi High Court decided that implementation of CAS cannot be delayed. Subsequently to this, the government announced in 2004 that Telecom Regulatory Authority of India (TRAI) will be handling the problems regarding CAS and make recommendations on the same. TRAI recommended that CAS should be denotified and it can be re-introduced later when there is adequate regulation to properly implement it.

The government on the recommendation of TRAI withdrew the implementation of CAS. However, this decision was faced with a new challenge[7]and this time the single judge bench of the Delhi High Court held that the Government does not have any ground to suspend the CAS and it has disregarded the previous decision of the Delhi High Court in Jay Polychem case. Finally, the government re-introduced CAS but after issuing rules as to its working and implementation.

[1]. AIR 1993 Raj. 1997
[2]. Section 4 of the Act: "No person shall operate a cable television network unless he is registered a cable operator under this Act..."
[3]. Section 2(g): “programme means any television broadcast and includes –
i exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette player;
ii any audio or visual or audio-visual live performance or presentation and the expression “programming service” shall be construed accordingly
[4]. Section 2(a): authorized officer means within his local limit of jurisdiction
i a District Magistrate, or
ii a Sub Divisional Magistrate, or
iii a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to an authorized officer for such local limits of jurisdiction as may be determined by the Government.
[5]. Section 4-A, Explanation (a), Cable Television Networks (Regulation) Act, 1995; Addressable system is defined as, "an electronic device or more than one electronic devices put in an integrated system through which signals of a cable television network can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within the limits of authorisation made, on the choice and request of such subscriber, by the cable operator to the subscriber."
[6]. Jay Polychem v. Union of India, (2004) IV AD 249 (Del)
[7]. Hathaway Cable Datacom v. Union of India, 128 (2006) DLT 180

For more details visit https://cis-india.org/telecom/resources/cable-television-networks-regulation-act

The Indian Wireless Telegraphy Act, 1933

snehashish — 2013-03-15T06:16:55Z

In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.

The main objective of the Indian Wireless Telegraphy Act, 1933 is ‘to regulate the possession of wireless telegraphy apparatus’. One of the major sources of revenue for the Indian State Broadcasting Service was revenue from the licence fee from working of wireless apparatus under the Indian Telegraph Act, 1885.

The Indian State Broadcasting Service was losing revenue due to lack of legislation for prosecuting persons using unlicensed wireless apparatus as it was difficult to trace them at the first place and then prove that such instrument has been installed, worked and maintained without licence. Therefore, the current legislation was proposed, in order to prohibit possession of wireless telegraphy apparatus without licence.

Presently the Act is used to prosecute cases, related to illegal possession and transmission via satellite phones. Any person who wishes to use satellite phones for communication purposes has to get licence from the Department of Telecommunications. Recently foreign tourists were charged under this Act for illegal possession of satellite phones.[*]

The extent of the Act, definitions and key concepts are covered under sections 1 and 2 of the Act. Section 3 prohibits any person from possessing a ‘wireless telegraphy apparatus’ without a licence. Under section 2(2) of the Act, ‘wireless telegraphy apparatus’ is defined as:

"any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, appliance, instrument or material specially so designed or adapted, nor any article determined by rule made under section 10 not to be wireless telegraphy apparatus."

The key ingredients of the definition are:

The definition covers all types of apparatus, appliance, instrument or material which can be used or utilized for the purpose of wireless communication.
It also covers all articles which are determined to be a wireless apparatus according to the rules made by the government.
The definition excludes any apparatus, appliance, and instrument or materials which are generally used for other electrical purposes. However, if such devices are designed or modified for wireless communication or is used as a part of such wireless communication device.
It also excludes articles determined by the government not to be wireless apparatus. The government may make rules to that effect.

The Central Government under section 4 has the power to make rules to exempt persons from the provision of the Act. Such exemption given by the Central Government may be a general exemption or based on certain conditions. It may exempt certain persons from the application of the Act, for certain wireless telegraphy apparatus only.

Under section 5, the telegraph authority constituted under the Indian Telegraph Act, 1885 shall be the competent authority to issue licences under this Act.

Section 6 deals with offences and penalties under the Act.

Section	Ingredients	Penalty/Fine
6(1)	Whoever possesses any wireless telegraphy apparatus, other than a wireless transmitter, without a licence	In the case of the first offence: Fine which may extend to Rs. 100. In the case of a second or subsequent offence: Fine which may extend to two hundred and fifty rupees.
6(1A)	Whoever possesses any wireless transmitter without a licence	Imprisonment: extend to three years, or with fine which may extend to Rs. 1000 or with both.

In the context of evidentiary value, the court might presume that a person is in possession of a wireless telegraphy apparatus under the circumstances that such apparatus is under his ostensible charge or it is present in a place or premise over which he as effective control.

In a trial of an offence under section 6, if the accused is convicted then the court shall also decide whether the apparatus used or involved in the offence should be confiscated. If the court decides in favour of confiscation then it must also pass an order of confiscation.

Under section 7 the Act, gives power to any officer specially empowered by the Central Government to search any building, vessel or place if he has reason to believe that there is any wireless telegraphy apparatus which has been used to commit offence under section 6 of the Act, is kept or concealed. The office also has the power to confiscate the apparatus.

Under section 8, all wireless telegraphy apparatus which has been confiscated by the Central Government under section 6(3) shall be considered as the property of the Central Government. All wireless telegraphy apparatus which does not have any ostensible owner shall also belong to the Central Government.

Section 9 was repealed by the India Wireless Telegraphy (Amendment) Act, 1940.

Section 10 gives power to the Central Government to make rules through notification in the official gazette with respect to give effect to provisions under the Act. The Act lays down few general subjects on which the Central Government has the power to make rules under the Act. They are:

Rules to determine whether any article or class of article shall fall within the definition of ‘wireless telegraphy apparatus’ under the Act.

Rules regarding licences. (manner, conditions, issue, renewal, suspension and cancellation of licence).

Eligibility for the purpose of being exempted from the application of this Act (Sec.4).

Maintenance of records as to sale, acquisition of wireless telegraphy apparatus by dealers.

Conditions with respect to sale of wireless telegraphy apparatus by dealer and manufactures of such apparatus.

The Central Government may impose a fine of upto hundred rupees in the case of breach of such rules.

Section 11 expressly mentions that no provision under the Act shall authorise any person to do any act which is prohibited under the India Telegraph Act, 1885. It also mentions that any licence under the Act shall not authorise any act in contravention of the Indian Telegraph Act, 1885.

[*].Rajeev Dikshit, DoT nod for use of satellite phones a must, The Times of Inda Jun 27, 2012 available at http://articles.timesofindia.indiatimes.com/2012-06-27/varanasi/32440227_1_satellite-phone-thuraya-dot-nod

For more details visit https://cis-india.org/telecom/resources/indian-wireless-telegraphy-act

Broadband Policy, 2004

snehashish — 2013-03-15T05:47:53Z

The Broadband Policy, 2004 (“Policy”) was laid down by the Government of India in order to realize the potential of broadband services. It aimed at enhancing the quality of life by implementation of tele-education, tele-medicine, e-governance, entertainment and also to generate employment through high speed access to information and web-based communication.

Need for the Policy

Prior to the implementation of the Policy, broadband penetration was significantly low as compared to the other Asian countries. At the time of the implementation of the Policy the penetration of broadband, internet and personal computers were at 0.02 per cent, 0.4 per cent and 0.8 per cent respectively. There was not uniform standard for broadband speed and connectivity. Internet access was available at various speeds varying from 64 kilo bits per second to 128 kilo bits per second.

Broadband Connectivity

Under the Policy broadband connectivity is defined as:

An always-on data connection that is able to support interactive services including Internet access and has the capability of the minimum download speed of 256 kilo bits per second (kbps) to an individual subscriber from the Point Of Presence (POP) of the service provider intending to provide Broadband service where multiple such individual Broadband connections are aggregated and the subscriber is able to access these interactive services including the Internet through this POP. The interactive services will exclude any services for which a separate licence is specifically required, for example, real-time voice transmission, except to the extent that it is presently permitted under ISP licence with Internet Telephony.[1]

The key characteristics of broadband connectivity are

Always on data connection
Ability to support interactive services including internet access
Minimum download speed of 256 kilo bits per second
Does not include any services for which the internet service provider to procure separate licence such as real time voice transmission.

Targets of the Broadband Policy, 2004

The Policy had the following targets:

Year Ending	Internet Subscribers	Broadband Subscribers
2005	6 million	3 million
2007	18 million	9 million
2010	40 million	20 million

Technology Options for Broadband Services

The Policy envisioned the following technology options for better access to internet and broadband

Optical Fibre Technologies

Digital Subscriber Lines (DSL) on copper loop

Cable TV network

Satellite Media

Terrestrial Wireless and

Other Future Technologies

The Policy emphasized on the implementation of broadband services through the copper loop. It also mentioned that Mahanagar Telecom Nigam Limited (MTNL) and Bharat Sanchar Nigam Limited (BSNL) would aggressively use their already existing broadband infrastructure to provide broadband services. It also indicated that the private internet service provider will enter into commercial agreements with the MTNL and BSNL to utilize their infrastructure to provide internet services.

Cable networks reached more people than copper telephone connections and therefore, the Policy envisaged that the cable networks can be utilized to provide broadband connections. The Policy also mentioned its intention to use very small aperture terminals (VSAT) and direct-to-home (DTH) for increasing broadband penetration as such technologies can be implemented in remote areas.

The Policy also mentioned that the Government had de-licensed 2.40-2.4835 GHz bands for low power indoor use (including Wi-Fi technologies based on the IEEE 802.11b and 802.11g standards).[2]

Quality of Service

The Policy recognized that the qualities of service parameters were of great importance and it requested Telecom Regulatory Authority of India to prescribe quality of service parameters for broadband service.

Other Mandates of Policy

The issues regarding cost of bandwidth for providing internet and broadband should be resolved Government and TRAI at the earliest.

The National Internet Exchange of India was set up by the Department of Information Technology to ensure that internet traffic originating from and destined for India should be routed within India.

Role of Other Agencies: Growth of broadband and internet services is dependent upon personal computers and content and application available on the internet. Therefore, it is necessary that other departments such as State Electricity Boards and the Department of Information Technology and other relevant authorities should also contribute to spreading broadband services in the rural areas.

Fiscal Issues: The Policy gives a high priority to indigenous manufacture of broadband related equipments. The Government to should endeavour to, make available, broadband and associated equipments at a low price.

The Policy aimed at providing broadband (minimum speed of 256 kbps) to 20 million subscribers. However, only 13 million subscribers have broadband connectivity as in May 2012.

[1].Broadband connectivity, available at http://www.dot.gov.in/ntp/broadbandpolicy2004.htm
[2]. Vikram Raghavan, Communications Laws in India (Legal Aspects of Telecom, Broadcasting and Cable Services), LexisNexis Butterworths, 2007, pp. 480-81

For more details visit https://cis-india.org/telecom/resources/broadband-policy-2004