The communications industry is divided into several subsectors, including infrastructure, equipment, mobile virtual network operators, white space spectrum, 5G, telephone service providers, and broadband. India is the world's second-largest telecom market, and it has experienced rapid expansion in recent years. Aside from strong consumer demand, the Indian government's liberal and reformist policies have aided the sector's rapid expansion. The government has made it easier to enter the telecom equipment industry, and a fair and proactive regulatory structure has enabled individuals to acquire telecom services at reasonable pricing. As a result of the loosening of Foreign Direct Investment standards, the sector is one of the country's fastest expanding and top five employers.
King Stubb & Kasiva has been representing several reputed corporate regulators, traditional suppliers, and shareholders in India and providing them a wide array of services. Our services encompass both advisories as well as litigation-related matters.
The Firm represents a broad range of clients that are involved with telecommunications, including:
Advicing foreign companies on entry strategy, regulatory structures, business options in the realm of partnerships, joint venture & obtaining necessary approvals and licenses from the licensor.
Representing its clients in regulatory proceedings & consulting with regulatory authorities on various matters.
M & A
Commencing and Completing M&A support to telecommunication companies.
Assisting in drafting and implementing Agreements dealing with data processing, Internet connectivity and data networking.
The telecoms industry is governed by the Indian Telegraph Act of 1885 (Telegraph Act), the Wireless Telegraphy Act of 1933, the Telecom Regulatory Authority of India Act of 1997, and the Information Technology Act of 2000. In addition, the Department of Telecommunications and the Central government provide a variety of policies, circulars, and notices. Infringements against this system may be penalized under the Indian Penal Code of 1860. Audio-visual distribution is governed by the Cable Television Networks (Regulation) Act of 1995, the Cinematograph Act of 1952, the Sports Broadcasting Signals Act of 2007, the Press Council Act of 1978, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021.
The industry is governed by the Ministry of Communications, the Department of Telecommunications, the Telecom Regulatory Authority of India, the Ministry of Information and Broadcasting, and the Ministry of Home Affairs, with standards set by the Telecommunications Engineering Centre. The audio-visual media distribution business is governed by the MIB and the Central Board of Film Certification. The Professional News Broadcasters Standards Authority, the Internet and Mobile Association of India, the Indian Broadcasting Foundation, the News Broadcasting Standards Authority, and the Broadcasting Content Complaints Council manage the industries separately.
The Telecom Disputes Settlement and Appellate Tribunal hears appeals from TRAI decisions and orders. Appeals against the CCI's decisions and findings are heard by the Supreme Court of India and the National Company Law Appellate Tribunal. Orders issued by the Tribunal on telecoms, broadcasting, and tariff issues can only be appealed to the Supreme Court. The High Courts may hear an appeal of the Order concerning cyber-related issues. Separately, writ petitions and constitutional challenges can be used to bring laws and agency decisions before the jurisdictional High Courts and the Supreme Court.
In 2013, the Department of Telecommunications implemented the Unified License, which consolidated many service provider license rules. Access Service, National Long-Distance Service, International Long-Distance Service, Global Mobile Personal Communication by Satellite Service, Public Mobile Radio, INSAT Mobile Satellite System-Reporting Service, and Resale of International Private Leased Circuit Service are all covered by this Unified License authorization. When applying for a Unified License, this corporation must also meet any applicable FDI regime cap criteria. A bank guarantee is required in addition to the required payments. The licensee must also follow any additional technological and service standards imposed by the TEC, the IT Act, the TRAI advice, and so on.
Internet telephony services may be provided by Basic Service Licensees, Unified Access Service Licensees, Cellular Mobile Telecom Service Licensees, and Unified Licensees. When the licensee is providing an Internet telephony service, these licenses also allow for the connection of an Internet telephony network to a PSTN/PLMN/GMPCS network. Other service providers may use Voice over Internet Protocol services if they have lawful services from a licensed telecom service provider. Before establishing telecommunications infrastructure on public land, prior consent is required according to the Indian Telegraph Right of Way Rules of 2016, which also prescribe the procedure to be followed. In the case of privately owned land, government clearance is required only if valid verifications of compliance with local criteria have been made.