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ICT POLICY _ REGULATORY FRAMEWORK

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ICT POLICY _ REGULATORY FRAMEWORK Powered By Docstoc
					      POLICIES GOVERNING TELECOM
              SECTOR
THE FIRST ATTEMPT TO FORMALIZE A
 POLICY STATEMENT WAS MADE IN 1994
 WHEN THE NATIONAL TELECOM POLICY
 1994 (NTP 94) WAS ANNOUNCED
THE TELECOM SECTOR IS PRESENTLY
 GUIDED BY NEW TELECOM POLICY 1999
 (NTP 99) AND BROADBAND POLICY 2004.
A NEW TELECOM POLICY (NTP 2011) IS ON
 THE ANVIL
 IT WAS THROUGH THE POLICY INITIATIVE
 NTP 94 THAT THE DIRECT ROLE OF PRIVATE
 SECTOR IN TELECOM SERVICES IN INDIA WAS
 PROMOTED FOR THE FIRST TIME
 THIS DECISION WAS PROMPTED BY THE
 REALIZATION THAT THE INVESTMENT
 FUNDING NEEDED BY THE SECTOR COULD
 NOT BE GENERATED IN THE PUBLIC SECTOR
 DOMAIN ONLY
 THROUGH A BIDDING PROCESS LICENSES
 FOR FIXED LINE SERVICE AND MOBILE
 SERVICES WERE GIVEN OUT TO PRIVATE
 OPERATORS IN VARIOUS CIRCLES
 A REVIEW FIVE YEARS LATER CONCLUDED
 THAT MAJOR CHANGES IN APPROACH WERE
 NECESSARY BECAUSE THE RESULTS
 ACHIEVED WERE NOT QUITE SATISFACTORY
NTP 99
     THE KEY ELEMENTS OF THIS POLICY
 INCLUDED:
    INTRODUCTION OF REVENUE SHARE
    REGIME IN PLACE OF UPFRONT PAYMENT
    OF LICENSE REGIME
    INTRODUCTION OF CONCEPT OF
    CONVERGENCE THROUGH REDEFINING OF
    LICENSE CATEGORIES SUCH AS ACCESS
    SERVICES LICENSE, ETC.
CHANGEOVER FROM DUOPOLY REGIME
 IN WIRELESS MOBILE SERVICES TO
 MULTIPLE OPERATOR REGIME
FORMALLY DEFINING THE CONCEPT OF
 UNIVERSAL SERVICE AND UNIVERSAL
 SERVICE LEVY
IN 2003 AN AMENDMENT WAS CARRIED OUT
 AND THE CONCEPT OF TECHNOLOGY
 NEUTRALITY IN MOBILE SERVICES WAS
 ADDED TO THE POLICY
 BASED ON TRAI RECOMMENDATIONS, THE
 CONCEPT OF UNIFIED LICENSING WAS
 ACCEPTED AND LICENSE CATEGORY OF
 UNIFIED ACCESS SERVICE LICENSE WAS
 INTRODUCED AS A FIRST STEP
BROADBAND POLICY 2004
 KEY ELEMENTS OF THIS POLICY ARE:
 THE IDENTIFICATION OF TECHNOLOGIES
  WHICH COULD BE USED IN THE COUNTRY
  FOR PROMOTING BROADBAND
  PENETRATION
 SETTING DOWN OBJECTIVES AT VARIOUS
  TIMELINES
 DOT IS HAVING A RELOOK AT THE POLICY
  IN VIEW OF ITS INADEQUATE SUCCESS
      BROADBAND POLICY REVIEW IS BEING
DONE ON THE BASIS OF RECOMMENDATIONS
RECEIVED FROM THE REGULATOR IN
DECEMBER 2010.
     KEY FEATURES ARE:
POTENTIAL USERS HAVE INADEQUATE
 PERCEPTION OF UTILITY OF BROADBAND
WIRELESS BASED BROADBAND SERVICES ARE
 NOT AVAILABLE
HUGE POTENTIAL EXISTS FOR
 EXPLOITATION OF BROADBAND FOR e-
 EDUCATION, e-HEALTH, e-COMMERCE,
 e-BANKING, e-GOVERNANCE, e-
 ENTERTAINMENT AND SOCIAL
 NETWORKING
FRESH HIGHLY AGGRESSIVE TARGETS
 (75 MILLION BY 2012 AND 160 MILLION
 BY 2014) HAVE BEEN SUGGESTED
RECOMMENDATION IS TO CREATE
 NATIONWIDE OFC NETWORK PARTLY
 FUNDED FROM USO FUND
    POLICIES GOVERNING IT SECTOR

 THE DEPARTMENT OF INFORMATION
 TECHNOLOGY DRAWS UP POLICIES
 RELATING TO THE IT AND ELECTRONICS
 SECTOR
 ISSUES RELATING TO INTERNET, CYBER
 LAWS AND ADMINISTRATION OF THE IT ACT
 AND ALL LAWS RELATING TO IT ARE
 COVERED
 IT ALSO LOOKS AFTER STANDARDISATION,
 TESTING AND QUALITY ASSURANCE IN IT
 INDUSTRY.
THE POLICIES HAVE BEEN FORMULATED TO
 ENSURE e-DEVELOPMENT OF THE COUNTRY
 THROUGH INFRASTRUCTURE CREATION FOR
 e-GOVERNANCE AND PROMOTION OF
 ELECTRONICS, INFORMATION TECHNOLOGY
 AND IT ENABLED SERVICES (“ITeS”)
POLICIES HAVE BEEN DRAWN UP TO
 PROMOTE e-MEDICINE, e- EDUCATION AND
 e-SECURITY
 THE INITIAL THRUST IN THE IT POLICIES WAS
 THE PROMOTION OF ITeS, INCLUDING BPO
 INDUSTRY DEVELOPMENT AND SOFTWARE
 DEVELOPMENT AND EXPORT
 A MAJOR POLICY THRUST WAS THE SETTING UP
 OF SOFTWARE TECHNOLOGY PARKS (“STPS”)
 WHICH PROVIDED THE NECESSARY
 INFRASTRUCTURE FOR SOFTWARE AND ITeS
 DEVELOPMENT
 POLICY INITIATIVES WERE ALSO TAKEN TO
 DEVELOP HIGHLY TRAINED MANPOWER AND
 COMMERCIAL POLICIES THAT AIDED THE
 GROWTH OF THE IT SECTOR
THE THRUST OF THE IT POLICY
 FRAMEWORK IS NOW AROUND THE
 DEVELOPMENT OF e-GOVERNANCE
 AN ELABORATE NATIONAL e-GOVERNANCE
 PLAN (“NeGP”) HAS BEEN DRAWN AND
 SINCE ITS APPROVAL BY THE GOVERNMENT
 IT SERVES AS THE POLICY FRAMEWORK FOR
 THE IT SECTOR
THE KEY CONSIDERATION IN THE POLICY
 FORMULATION FOR ACHIEVING e-
 GOVERNANCE IMPLEMENTATION ACROSS
 THE VARIOUS ARMS OF GOVERNMENT AT
 NATIONAL, STATE AND LOCAL LEVELS IS
 THAT FOR SUCH A VASTLY SPREAD OUT AND
 GIGANTIC TASK, IT IS ESSENTIAL TO HAVE A
 ‘PROGRAMME APPROACH’ GUIDED BY A
 COMMON VISION AND STRATEGY
27 MISSION MODE PROJECTS COVERING
 AREAS SUCH AS BANKING, PASSPORT,
 INSURANCE, AGRICULTURE, e-
 PROCUREMENT, ETC THROUGH STATE DATA
 CENTRES, STATE WIDE AREA NETWORKS
 (“SWANS”) AND CUSTOMER SERVICE
 CENTRES HAVE BEEN TAKEN UP
REGULATORY FRAMEWORK IN TELECOM
             SECTOR
      SINCE 1997, WHEN THE TELECOM
REGULATORY AUTHORITY OF INDIA ACT 1997
WAS PASSED BY THE PARLIAMENT, THE
TELECOM SECTOR IS REGULATED BY A
STATUTORY INDEPENDENT BODY NAMELY TRAI
WITHIN THE FRAMEWORK OF POLICIES
DETERMINED BY THE GOVERNMENT
THROUGH THE DEPARTMENT OF TELECOM
(DOT)
       GOVERNMENT DECIDED TO SEPARATE
  THE QUASI JUDICIAL FUNCTIONS OF TRAI
  AND IN 2000 IT AMENDED THE TRAI ACT
  1997
       THE QUASI JUDICIARY POWERS OF
  TRAI WERE TAKEN OUT AND VESTED THEM
  IN A SEPARATE APELLATE BODY CALLED
  TELECOM DISPUTE SETTLEMENT AND
  APELLATE TRIBUNAL (TDSAT)
       AS A RESULT THE PRESENT
  REGULATORY FRAMEWORK IN TELECOM
  SECTOR CONSISTS OF TWO BODIES NAMELY
  TRAI AND TDSAT
      TRAI FUNCTIONS INCLUDE EITHER
THOSE REGARDING WHICH IT HAS POWERS
OF RECOMMENDATION ONLY OR THOSE
WHERE IT IS THE FINAL AUTHORITY SUBJECT
TO PARLIAMENTARY REVIEW
     IN EITHER CASE THE NORMAL
OPERATING PROCEDURE OF TRAI IS
THROUGH THE PROCESS OF PUBLIC
CONSULTATION IN LINE WITH THE
PROVISIONS OF THE ACT WHICH INSIST UPON
TOTAL TRANSPARENCY OF THE DECISION
MAKING PROCESS
   POWERS OF RECOMMENDATION ONLY.
      MOSTLY RELATES TO POLICY AND
      LICENSING ISSUES AND COVERS ISSUES
      SUCH AS NEED AND TIMING FOR THE
      INTRODUCTION OF NEW SERVICE
      PROVIDER, TERMS AND CONDITIONS OF
      SERVICE PROVIDER LICENSE AND
      REVOCATION OF THE LICENSE IF SOME
      TERMS AND CONDITIONS ARE
      VIOLATED, MEASURES TO PROMOTE
      COMPETITION, EFFICIENT
      MANAGEMENT OF SPECTRUM AND
      SOME TECHNOLOGY RELATED ISSUES
TRAI AS FINAL AUTHORITY
 INCLUDES ISSUES SUCH AS ENSURING
     COMPLIANCE OF LICENSE CONDITIONS,
     INTERCONNECTION ISSUES, REVENUE
     SHARING BETWEEN OPERATORS,
     LAYING DOWN QOS STANDARDS AND
     NORMS, ENSURING EFFECTIVE
     COMPLIANCE OF UNIVERSAL SERVICE
     OBLIGATION, LEVYING FEES AND
     OTHER CHARGES AND DETERMINING
     THE RATES THROUGH REGULATION,
     ETC.
      THE MAIN TASK ASSIGNED TO THE
TDSAT IS TO ADJUDICATE ANY DISPUTE
BETWEEN A LICENSOR (DOT) AND A LICENSEE,
BETWEEN TWO OR MORE SERVICE PROVIDERS
OR BETWEEN A SERVICE PROVIDER AND A
GROUP OF CONSUMERS. THE OTHER MAJOR
TASK ASSIGNED IS TO HEAR AND DISPOSE OF
APPEAL AGAINST ANY DIRECTION,
REGULATION, DECISION OR ORDER OF TRAI
    REGULATORY FRAMEWORK IN
 INFORMATION TECHNOLOGY SECTOR
     IN THE INFORMATION TECHNOLOGY
SECTOR THERE IS NO SEPARATE REGULATOR
AND THE DEPARTMENT OF INFORMATION
TECHNOLOGY PERFORMS THE REGULATORY
FUNCTIONS.
     GUIDANCE IS PROVIDED BY THE IT ACT

				
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posted:8/23/2012
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