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page 6.


TRAI'S Importance

Historically, DoT has been responsible for telecommunications licensing, policy-making, and service provision in India. Today, this structure will likely impede liberalization. Policy and license functions should be separated to prevent conflicts of interest, and the service arm of DoT should be privatized.

To create a healthy and stable competitive environment, the Telecommunications Regulatory Authority of India (TRAI) should be given autonomy to issue licenses as well as to adjudicate disputes between the DoT and the licensee. Currently, disputes are resolved often only after lengthy legal battles.


Financing Telecommunications Improvements

Billions of investment dollars will be needed to develop India’s telecommunications infrastructure if the country’s NTP goals are to be met. Accordingly, India’s New Policy should include the goal of attracting more investments in telecommunication development projects. Towards this end, the Government of India must provide adequate safeguards against arbitrary and unilateral regulations, government acts and omissions.

  • Equivalence and National Treatment – regulations, license fees and laws must apply equally to foreign firms and the DoT;
  • Social Obligations – private operators should not be required to provide services (such as telephones in rural villages and telephones on demand) that the state operator is not obliged to provide. Market forces will push private operators to deliver these services;
  • Transparency - to overcome fears about the uncertainty of telecommunications policy in India, all rules, procedures and laws need to be transparent, organized and easily accessible to the public;
  • Government Procurement - procurement policies should not discriminate between national and foreign firms;
  • Corruption and Bribery – India should adhere to international conventions on corruption and bribery in order to reduce the heavy economic costs of such practices;
  • Tariff Barriers – tariffs should be reduced in order to stimulate increased technology flows into India;
  • Local Content Requirements – content requirements should be reduced because the majority of technology and parts necessary for the development of an efficient telecommunications network are produced internationally.

A demonstrated effort to address these concerns, including a greater commitment to the WTO Basic Telecommunication Agreement, will signal to international investors that India is serious about its liberalization process. In turn, this commitment will spur investment, and investment will help expedite India’s liberalization process, as well as its realization of an internationally competitive telecommunications network.

 

Private Sector Support

The government alone cannot expedite the introduction of competition into the telecommunications industry in India. Established corporations can play a key role in the liberalization process by encouraging government officials and agencies to participate fully. Private sector input can help ensure that government policies make sense.

The private sector can also contribute to the liberalization process by stressing the benefits competition can bring, not just for their companies, but for the society as a whole. Informing friends, family and co-workers is an important first step in consensus building. Without private and public sector support from all levels, the liberalization process will encounter difficulties and delays.

 

India’s WTO Commitments

India has made commitments under the WTO Telecommunication Agreement and started to liberalize aspects of its telecommunication sector. Yet without more concrete and transparent policies, India's liberalization process will not substantially improve the country’s telecommunications infrastructure any time soon. If India wants to ensure that it will not fall behind the rest of the developing world, it should rapidly adopt a pro-competitive regulatory environment and make commitments to all of the WTO Reference Paper Principles.


 

Exhibit 12 - Proposed Budget

Proposed Budget

Table 27 - Proposed Budget

Item

Cost

Headquarter Staff

$180,000

International Consultants

$30,000

Washington Counsel

$150,000

National Experts

$100,000

Study Tours/Missions

$50,000

Subcontracts

  • WebPage
  • Advertisement Creation

$75,000

Advertising Space (Domestic & International)

$150,000

Training & Meetings

$10,000

Conference & Roundtables

$50,000

Equipment and Supplier

$25,000

Miscellaneous Expenses

$20,000

Total:

$840,000

Funds will be generated from:

 

  1. Members dues;
  2. In-house work by TA and associations within TA’s alliance;

Funds received from the government


 

Exhibit 13 - Proposed Timeline

Proposed Time Line

The proposed strategy can be implemented immediately after it is approval. Immediate action is recommended because implementation will likely be slow and difficult.

The project will aim to lay the necessary groundwork in India and the United Stated within two years, after which concrete policy changes are expected. The goal is for India to make more concrete WTO BTA commitments, to increase privatizations, and to strengthen the role of the TRAI.

 


Annexes

Annex I: Political Landscape (3 pages)
United States

 

Organization/Committee

Jurisdiction

Democrats

Republicans

Objective for enlisting support

US Senate Committee of Foreign Relations - Subcommittee on International Economic Policy, Export and Trade Promotion

U.S. foreign economic policy, including export enhancement and trade promotion, and international economic growth and development.

Chuck Hagel, Chairman

Paul S. Sarbanes, Ranking

Craig Thomas

Bill Frist

Paul Coverdell

Joseph R. Biden, Jr.

Paul D. Wellstone

Build consensus and support for U.S. intervention in Indian liberalization efforts

US Senate Committee on Commerce, Science and Transportation - Subcommittee on Communications

FCC, Corporations for Public Broadcasting, Communications Satellite Corporation,

Encryption Communication, Intelsat, Telecommunication Industry Economics, Telecommunications Law, Universal Service, Spectrum Allocation

Ernest F. Hollings (D-SC)

Daniel K. Inouye (D-Hawaii)

Wendell H. Ford (D-Ken)

John F. Kerry (D-Mass)

John. B. Breaux (D-Ls)

John D. Rockefeller IV (D-WV)

Byron L. Dorgan (D-ND)

Roy Wyden (D-Or)

Conrad Burns (R-Mon), Chairman

Ted Stevens (R-Ala)

Slade Gorton (R-Wa)

Trent Lott (R-Miss)

John Ashcroft (R-Missouri)

Kay Bailey Hutchison (R-Tx)

Spencer Abraham (R-Mic)

Bill Frist (R-Tenn)

Sam Brownback (R-Kan)

Can convince members to put pressure on executive branch and colleagues on other committees. Members of this committee will have a better understanding of the implications of open and expanded markets on the domestic industry.

House Committee on International Relations - Subcommittee on international Economic Policy and Trade

Relations of the United States with foreign nations generally.

Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad.

Sam Gejdenson, CT

Pat Danner, MO

Earl Hilliard, AL

Brad Sherman, CA

Steve Rothman, NJ

Bob Clement, TN

Tom Lantos, CA

Bill Luther, MN

Ileana Ros-Lehtinen, FL, ChairmanDon Manzullo, IL

Steve Chabot, OH

Tom Campbell, CA

Lindsey Graham, SC

Roy Blunt, MO

Kevin Brady, TX

Doug Bereuter, NE

Dana Rohrabacher, CA

Build consensus and support for U.S. intervention in Indian liberalization efforts

House Committee on International Relations-

Subcommittee on Asia & the Pacific

Relations of the United States with foreign nations generally.

Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad.

Howard Berman, CA

Eni F.H. Faleomavaega, AS Robert Andrews, NJ

Sherrod Brown, OH

Matthew Martinez, CA

Alcee Hastings, FL

Robert Wexler, FL

Lois Capps, CA

Doug Bereuter, NE,

Jim Leach, IA

Dana Rohrabacher, CA

Peter King, NY

Jay Kim, CA

Matt Salmon, AZ

Jon Fox, PA

John McHugh, NY

Donald Manzullo, IL

Ed Royce, CA

Build consensus and support for U.S. intervention in Indian liberalization efforts

 

Organization/Committee

Jurisdiction

Democrats

Republicans

Objective for enlisting support

House Committee on Commerce - The Subcommittee on Telecommunications, Trade, & Consumer Protection

Interstate and foreign commerce generally.

Regulation of interstate and foreign communications.

Interstate and foreign telecommunications including, but not limited to all telecommunication and information transmission by broadcast, radio, wire, microwave, satellite, or other mode;

interstate and foreign commerce, including trade matters within the jurisdiction of the full committee;

Edward J. Markey, Massachusetts

Rick Boucher, Virginia

Bart Gordon, Tennessee

Eliot L. Engel, New York

Thomas C. Sawyer, Ohio

Thomas J. Manton, New York

Bobby L. Rush, Illinois

Anna G. Eshoo, California

Ron Klink, Pennsylvania

Albert R. Wynn, Maryland

Gene Green, Texas

Karen McCarthy, Missouri

John D. Dingell, Michigan

W.J. "Billy" Tauzin, Louisiana

Michael G. Oxley, Ohio

Vice Chairman

Dan Schaefer, Colorado

Joe Barton, Texas

J. Dennis Hastert, Illinois

Fred Upton, Michigan

Cliff Stearns, Florida

Paul E. Gillmor, Ohio

Christopher Cox, California

Nathan Deal, Georgia

Steve Largent, Oklahoma

Rick White, Washington

James E. Rogan, California

John Shimkus, Illinois

Heather Wilson, New Mexico

Tom Bliley, Virginia

Build consensus and support for U.S. intervention in Indian liberalization efforts

Make contributions to Bliley Campaign & PAC;

Tauzin Campaign & PAC;

And Oxley Campaign & PAC

Federal Communications Commission

Develops and implements policy concerning interstate and international communications by radio, television, wire, satellite, and cable.

William E. Kennard, Chairman

Susan Ness, Commissioner

Gloria Tristani, Commissioner

Harold Furchtgott-Roth, Commissioner

Michael Powell, Commissioner

Build consensus and support for U.S. intervention in Indian liberalization efforts

The National Telecommunications and Information Administration (NTIA)

CHAMPIONS GREATER FOREIGN MARKET ACCESS

  • Advocates competition and liberalization of telecommunications policies around the world.
  • Participates in international government-to-government negotiations to open markets for U.S. companies.
  • Negotiates with foreign governments to ensure adequate spectrum for national defense, public safety, and U.S. business needs.

Becky Burr, International Affairs

Kelly Levy, Office of Policy Analysis and Development

Use NTIA to raise issues on the international level and build support domestically through reports that advocate increased intervention by appropriate U.S. government agencies.

 

Organization/Committee

Jurisdiction

Democrats

Republicans

Objective for enlisting support

U.S. Department of Commerce - International Trade Administration

Support the growth and competitiveness of the U.S. telecommunications industry by promoting international trade and investment opportunities for the U.S. telecommunications industry

   

United States Trade Representative

Develops and coordinates U.S. international trade, commodity, and direct investment policy, and leads or directs negotiations with other countries on such matters.

Charlene Barshefsky, Ambassador, United States Trade Representative

Nancy LeaMond, Chief of Staff

Robert T. Novick, Counselor to the USTR

Dorothy Dwoskin, WTO and Multilateral Affairs

Pate Felts, Intergovernmental Affairs and Public Liaison

Frederick Montgomery , Policy Coordination

Jon Rosenbaum, Trade and Development

Donald Phillips, Asia Pacific and APEC Affairs

Build consensus and support for U.S. intervention in Indian liberalization efforts

 

Annex II: Key Players (3 pages)

Issue: Should India Accelerate Liberalization of Telecommunications?

Public Interest Groups

Private Interest Groups

Elite

Government Institutions & Agencies

UNITED STATES

Telecommunication Industry Association

ISOC, Internet Society

Cellular Telecommunications Industry Association

Personal Communications Industry Association (PCIA)

Multimedia Telecommunication Association (MMTA)

Independent Data Communications Manufacturers Association

United States Telephone Association (USTA)

International Communications Association (ICA)

The Satellite Broadcasting and Communications Association

The Satellite Industry Association

Advanced Micro Devices (AMD)

American Telephone & Telegraph (AT&T)

Bell Atlantic

Bell South Telecommunications, Inc.

Cisco Systems, Inc.

3Com Corporation

Compaq Computer Corporation

GTE

Hewlett-Packard Company

Hughes Electronics

Intel Corporation

International Business Machines (IBM)

Lockheed Martin Corporation

Lucent Technologies

MCI International

Microsoft Corporation

Motorola Inc.

NEC USA

Nynex

Qualcom

Rockwell International Corporation

Sprint Communications

US West

Zenith Electronics Corporation

William M. Daley, U.S. Secretary of Commerce

Reed Hunt, FCC Chairman

Governor Weld, Massachusetts

Matthew Flanigan, President, TIA

Roy Neel, President & CEO, USTA

Robert M. Eilers, Executive Director, ICA

Chuck Hewitt, President, Satellite Broadcasting and Communications Association

Charlene Barshefsky, USTR

Chuck Hagel, Chairman of Senate Subcommittee on Economic Policy, Export and Trade Relations

Ileana Ros-Lehtinen, Chairman of House Subcommittee on International Economic Policy & Trade

W.J. "Billy" Tauzin, Chairman, House Subcommittee on Telecommunications, Trade and Consumer Protection

Doug Bereuter, Chairman, Senate Subcommittee on Asia and the Pacific

Conrad Burns, Chairman, Senate Subcommittee on Comunications

United States Trade Representative (USTR)

Federal Communications Commission (FCC)

Department of Commerce (DoT)

National Telecommunications and Information Administration (NTIA)

Senate Committee on Foreign Relations

Senate Subcommittee on International Economic Policy, Export and Trade Promotion (Foreign Relations Committee)

Senate Subcommittee on Asia and the Pacific

Senate Subcommittee on Communications (Commerce, Science & Transportation Committee.)

House Subcommittee on International Economic Policy & Trade

House Subcommittee on Telecommunications, Trade and Consumer Protection

 

Issue: Accelerated Liberalization of Telecommunications in India

Public Interest Groups

Private Interest Groups

Elite

Government Institutions & Agencies

INDIA

Confederation of Indian Industry (CII)

The Associated Chambers of Commerce and Industry of India (ASSOCHAM)

Federation of Indian Chambers of Commerce Industry (FICCI)

Indian Merchants Chamber

Labor Unions

Cellular Operators Association of India

M/S Silicon Automation Systems (India) Pvt. Ltd.

Bhrati Telecommunications

Ascom India Pvt. Ltd.

Himachal Futuristic Communications Ltd.

Hindustan Cables Ltd.

National Radio and Electronics Co. Ltd.

Ramtak Electronics

Telephone Cables Ltd.

Usha (India) Ltd.

Webfil Ltd.

HCL Group

R.K. Hedge, Minister of Commerce

Naveen Patnaik, Minister of Steel & Mines

Buta Singh, Minister of Communications

Sushma Swaraj, Minister of Information and Broadcasting

A.V. Gokak, Chairman, Telecommunications Commission

B.K. Syngal, Chairman & Managing Director, VSNL

A.K. Mittal, Director, Department of Telecommunications

R.N. Agarwal, Wireless Adviser to the Government of India

Ashok Golas, Deputy Director General, Telecommunications Engineering Center, DoT

Kranti Kumar, Senior Deputy Director General, Ministry of Communications, DoT

K.S. Mohanavelu, Deputy Director, Indian Space Research Organization

Telecommunication Commission Government of India

Videsh Sanchar Nigam Ltd. (VSNL)

Mahanagar Telephone Nigam Ltd. (MTNL)

Ministry of Communications

Department of Telecommunications

Ministry of Information and Broadcasting

Telecommunications Engineering Center, DoT

Indian Space Research Organization

Ministry of Defense

Telecom Regulatory Authority of India (TRAI)

Steel Authority of India

Oil & Gas Commission

Nationalized Banking System

Nationalized Coal Mining Sector

Union Government Railways

 

 

Issue: Accelerated Liberalization of Telecommunications in India

Public Interest Groups

Private Interest Groups

Elite

Inter-Governmental Institutions & Agencies

INTERNATIONAL

International Institute for Communication and Development International Association of Broadcasting

International Teletraffic Congress (ITC)

Committee on Space Research

European Public Telecommunications Network Operators' Association

International Air Transportation Association

International Telecommunications Users Group

International Organization for Standardization

International Union of Railways

Deutsche Telecom A.G. (Germany)

Telestra Corporation Ltd. (Australia)

Bezeq (Israel)

Shinawatra (Thailand)

Nippon Telephone & Telegraph (Japan)

Itochu (Japan)

Bell Canada

PTT Guangdon (China)

Moscow Telecom

Pekka Tarjanne, Secretary-General ITU

Renato Ruggiero, Director-General WTO

James D. Wolfensohn, President, World Bank Group

International Telecommunications Union (ITU)

World Trade Organization (WTO)

Inter-American Development Bank

World Bank Group

  • IBRD
  • IDA
  • IFC
  • MIGA
  • ISCID

United Nations Industrial Development Organization (UNIDO)

United Nations Conference on Trade and Development (UNCTAD)

Organization for Economic Cooperation and Development (OECD)

International Telecommunications Satellite Organization (INTELSAT)

European Space Agency

International Mobile Satellite Organization (INMARSAT)

Inter-American Telecommunications Conference

Asia-Pacific Telecommunity

 

Annex III: Interest Charts (4 pages)

PEOPLE

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

ta

Promoting liberalization of telecommunication markets worldwide

Influencing domestic and international policy affecting its membership

Advising its member companies of US and international policy affecting trade in telecommunication goods and services

Open markets for US telecommunications goods and services

 

Maintain status quo

Increase efforts to lobby Congress and other US gov't agencies to pressure India to expedite liberalization of its telecommunications market.

Work with other US private sector agencies, NGOs, interest groups and int'l agencies to expedite liberalization of India's telecommunications market

Put increased pressures on foreign countries during bilateral negotiations

Defer any action to international multilateral organizations such as WTO, IMF, ITU and World Bank

 

 

 

 

ITU's annual report on telecommunications and developing countries

World Bank's working papers on benefits of telecommunications liberalization.

Commitments tabled by other countries in WTO Basic Telecommunication Agreement

FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization

Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)

Maintain status quo

Boycott India entirely and convince other countries to do the same

 

 

PEOPLE

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

US Interest Groups

US Chamber of Commerce

Trade Associations

Promote US business interests

Make US businesses strong through taking advantage of comparative advantages offered by different countries

Lobby for action by US government

ITU's annual report on telecommunications and developing countries

World Bank's working papers on benefits of telecommunications liberalization.

Commitments tabled by other countries in WTO Basic Telecommunication Agreement

FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization

Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)

 

Use their power to sway US businesses to boycott selling their products and services in India

Lobby US to prevent Indian goods and services from entering US

 

PEOPLE

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

US Business

Motorola

AT&T

Bell Atlantic, etc.

Take advantage of comparative advantages and expanded markets offered by different countries

Produce products at cheapest cost and sell at highest costs so as to maximize profits

Status quo

Pressure US govt. to boycott Indian goods

ITU's annual report on telecommunications and developing countries

World Bank's working papers on benefits of telecommunications liberalization.

Commitments tabled by other countries in WTO Basic Telecommunication Agreement

FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization

Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)

Take all activities out of US and threaten loss of govt. tax revenue.

Convince other companies to do the same

International Organizations

ITU

WTO

WORLD BANK

IMF

Promote sustainable development

Spread democracy

Raise living standards

Liberalize trade

Status quo

Multilateral negotiations to expedite liberalization

ITU's Annual Report on Telecommunications and developing countries

World Bank's working papers on benefits of telecommunications liberalization.

Commitments tabled by other countries in WTO Basic Telecommunication Agreement

FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization

Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)

Stop international aid

 

PEOPLE

INTERESTS

OPTIONS

OBJECTIVE CRITERIA

BATNA

India

Increase FDI flows

Reduce unemployment

Increase standard of living

Retain sovereignty of national government

Listen to advice of international agencies and US.

Ignore advice

ITU's annual report on telecommunications and developing countries

World Bank's working papers on benefits of telecommunications liberalization.

Commitments tabled by other countries in WTO Basic Telecommunication Agreement

FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization

Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)

Status quo

Make deals with countries that accept slower paces of liberalization

United States Government

USTR

FCC

NTIA

ITA

Open markets for goods and services

Increase Human rights and labor law enforcement

Maintain good bilateral relations with other countries

Status quo

Take sides with US

Join working groups in international agencies to address concerns

Individually punish companies that do not uphold core labor rights

Crack down on their own domestic companies not upholding labor rights

Accounting reports demonstrating cheaper costs of production by moving to countries with limited environmental protection.

U.S. Office of Technology Assessment's 1992 Report on "Trade and the Environment".

Montreal and Kyoto Protocols for environmental

Sanctions if ILO core labor rights are not enforced.

 

NATIONAL Telecom Policy of India - 1994

NATIONAL TELECOM POLICY, 1994

1. Introduction:

The new economic policy adopted by the Government aims at improving India's competitiveness in the global market and rapid growth of exports. Another element of the new economic policy is attracting foreign direct investment and stimulating domestic investment. Telecommunication services of world class quality are necessary for the success of this policy. It is, therefore, necessary to give the highest priority to the development of telecom services in the country.

2. Objectives:

The objectives of the New Telecom Policy will be as follows:

  1. The focus of the Telecom Policy shall be telecommunication for all and telecommunication within the reach of all. This means ensuring the availability of telephone on demand as early as possible.
  2. Another objective will be to achieve universal service covering all villages as early as possible. What is meant by the expression universal service is the provision of access to all people for certain basic telecom services at affordable and reasonable prices.
  3. The quality of telecom services should be of world standard. Removal of consumer complaints, dispute resolution and public interface will receive special attention. The objective will also be to provide widest permissible range of services to meet the customer's demand at reasonable prices.
  4. Taking into account India's size and development, it is necessary to ensure that India emerges as a major manufacturing base and major exporter of telecom equipment.
  5. The defense and security interests of the country will be protected.

3. Present status:

The present telephone density in India is about 0.8 per hundred persons as against the world average of 10 per hundred persons. It is also lower than that of many developing countries of Asia like China (1.7), Pakistan (2), Malaysia (13) etc. There are about 8 million lines with a waiting list of about 2.5 million. Nearly 140,000 villages, out of a total of 5,76,490 villages in the country, are covered by telephone services. There are more than 100,000 public call offices in the urban areas.

4. Revised targets:

In view of the recent growth of the economy and the reassessed demand, it is necessary to revise the VIII Plan targets as follows:

  1. Telephone should be available on demand by 1997
  2. All villages should be covered by 1997
  3. In the urban areas a PCO should be provided for every 500 persons by 1997
  4. All value-added services available internationally should be introduced in India to raise the telecom services in India to international standards well within the VIII Plan period, preferably by 1996.

5. Resources for the revised targets:

The rapid acceleration of telecom services visualized above would require supplementing the resources allocated to this sector in the VIII Plan. The total demand (working connections + waiting list) showed a rise of nearly 50% from 7.03 million on 1.4.1992 to 10.5 million on 1.4.1994 over a three year period. If the demand grows at the same rate for the next three years, it would touch about 15.8 million by 1.4.1997. The actual rate of growth is likely to be higher as the economy is expected to grow at a faster pace. Achieving the target of giving telephone on demand by 1997 would thus imply releasing about 10 million connections during the VIII Plan as against the existing target of 7.5 million. Release of 2.5 million additional lines alone would require extra resources to the tune of Rs. 11,750 crores at a unit cost of Rs. 43,000 per line at 1993-94 prices. To this must be added the requirement on account of additional rural connections of Rs. 4,000 crores.

6. Even with the comparatively modest targets of the VIII Plan, as originally fixed, there is a resource gap of Rs. 7,500 crores. The additional resources required to achieve the revised targets would be well over Rs. 23,000 crores. Clearly this is beyond the capacity of Government funding and internal generation of resources. Private investment and association of the private sector would be needed in a big way to bridge the resource gap. Private initiative would be used to complement the Departmental efforts to raise additional resources both through increased internal generation and adopting innovative means like leasing, deferred payments, BOT, BLT, BTO etc.

7. Hardware

With the objective of meeting the telecom needs of the country the sector of manufacture of telecom equipment has been progressively delicensed. Substantial capacity has already been created for the manufacture of the necessary hardware within the country. The capacity for manufacture of switching equipment, for example, exceeded 1.7 million lines/year in 1993 and is projected to exceed 3 million lines/year by 1997. The capacity for manufacture of telephone instruments at 8.4 million units per year is far in excess of the existing or the projected demand. Manufacturing capacities for wireless terminal equipment, Multi Access Radio Relay (MARR) for rural communication, optical fibre cables, underground cables etc. have also been established to take care of the requirements of the VIII Plan. With the revision of the targets demand would firm up and there would be an incentive to expand the capacities to meet the extra requirement.

8. Value-added services:

In order to achieve standards comparable to the international facilities, the sub-sector of value-added services was opened up to private investment in July 1992 for the following services:

  1. Electronic Mail
  2. Voice Mail
  3. Data Services
  4. Audio Text Services
  5. Video Text Services
  6. Video Conferencing
  7. Radio Paging
  8. Cellular Mobile Telephone.

9. In respect of the first six of these services companies registered in India are permitted to operate under license on non-exclusive basis. This policy would be continued. In view of the constraints on the number of companies that can be allowed to operate in the area of Radio Paging and Cellular Mobile Telephone Services, however, a policy of selection is being followed in grant of licenses through a system of tendering. This policy will also be continued and the following criteria will be applied for selection:

  1. Track record of the company;
  2. Compatibility of the technology;
  3. Usefulness of the technology being offered for future development;
  4. Protection of national security interests;
  5. Ability to give the best quality of service to the consumer at the most competitive cost; and
  6. Attractiveness of the commercial terms to the Department of Telecommunications.

10. Basic services:

With a view to supplement the effort of the Department of Telecommunications in providing telecommunication services to the people, companies registered in India will be allowed to participate in the expansion of the telecommunication network in the area of basic telephone services also. These companies will be required to maintain a balance in their coverage between urban and rural areas. Their conditions of operation will include agreed tariff and revenue sharing arrangements. Other terms applicable to such companies will be similar to those indicated above for value-added services.

11. Pilot Projects:

Pilot projects will be encouraged directly by the Government in order to access new technologies, new systems in both basic as well as value-added services.

12. Technology and Strategic Aspects:

Telecommunication is a vital infrastructure. It is also technology intensive. It is therefore necessary that the administration of the policy in the telecom sector is such that the inflow of technology is made easy and India does not lag behind in getting the full advantage of the emerging new technologies. An equally important aspect is the strategic aspect of telecom which affects the national and public interests. It is therefore necessary to encourage indigenous technology, set up a suitable funding mechanism for indigenous R&D so that the Indian technology can meet the national demand and also compete globally.

13. Implementation:

In order to implement the above policy, suitable arrangements will have to be made to: (a) protect and promote the interests of the consumers; and (b) ensure fair competition.

The objectives of the New Telecom Policy will be as follows:

  1. The focus of the Telecom Policy shall be telecommunication for all and telecommunication within the reach of all. This means ensuring the availability of telephone on demand as early as possible.
  2. Another objective will be to achieve universal service covering all villages as early as possible. What is meant by the expression universal service is the provision of access to all people for certain basic telecom services at affordable and reasonable prices.
  3. The quality of telecom services should be of world standard. Removal of consumer complaints, dispute resolution and public interface will receive special attention. The objective will also be to provide widest permissible range of services to meet the customer's demand at reasonable prices.
  4. Taking into account India's size and development, it is necessary to ensure that India emerges as a major manufacturing base and major exporter of telecom equipment.
  5. The defense and security interests of the country will be protected.

 

Explanatory Paper on Additional Commitments by India

 

Scope

 

The following are definitions and principles on the regulatory framework for basic telecommunications services.

Definitions

Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service.

A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of :

(a) control over essential facilities; or

(b) use of its position in the market.

1. Competitive safeguards

Appropriate measures shall be maintained for the purpose of preventing service suppliers from engaging in or continuing in anti-competitive practices of the following type:

(a) using information obtained from competitors with anti-competitive results; and

(b) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

2. Interconnection

2.1 This section applies to linking with suppliers providing public telecommunications transport network or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

 

2.2 Interconnection to be ensured

Interconnection with a major supplier will be ensured at any specified feasible point in the network as indicated in the licence. Such interconnection is provided:

(a) of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(b) upon request, at points in addition to the network termination points offered to the majority of users as per licence conditions, subject to mutually agreed charges.

2.3 Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4 Transparency of interconnection arrangements

It will be ensured that a major supplier will make publicly available either its interconnection agreements, or a reference interconnection offer.

2.5 Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

(a) at any time or

(b) after a reasonable period of time which has been made publicly known

to a domestic regulatory authority to resolve disputes regarding appropriate terms, conditions and rates for interconnection within reasonable period of time, to the extent that these have not been established previously.

3. Universal service

India retains the right to define the kind of universal service obligation it wishes to maintain. Such obligations are not regarded as anti-competitive per se, since they would be administered in a transparent and non-discriminatory manner.

4. Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:

(a) All the licensing criteria and

(b) the terms and conditions of individual licences.

5. Regulatory Authority

The decisions of and the procedures used by the regulatory authority shall be impartial with respect to all market participants.

6. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective and timely manner.

 


 

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