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Telecom Sector In India


MARS & Partners
© 2010 MARS & Partners. All Rights Reserved

MARS & Partners International Legal Consultants. All Rights Reserved . Advocates & IPR Attorneys Introduction © 2010 MARS & Partners.

5 trillion in revenue With a growth rate of 45%. Indian telecom industry has the highest growth rate in the world © 2010 MARS & Partners.Introduction MARS & Partners Telecommunications services are a global market worth over US$ 1. All Rights Reserved .

radio. radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs.Historical Background MARS & Partners y Section 2 (1)k TRAI Act  service of any description (including electronic mail. by wire. images and sounds or intelligence of any nature. voice mail. visual or other electromagnetic means   Till 1990 ¡ reindependence teady Growth obile revolution © 2010 MARS & Partners. video text services. data services. audio text services. writing. All Rights Reserved ¢ New Economic olicy   . signals.

All Rights Reserved .II MARS & Partners Legal and Regulatory Framework © 2010 MARS & Partners.

maintaining possession of wireless apparatus and working telegraphs ‡Supplementary to the Telegraph Act ‡ ranting of license ‡Prohibits any person from ‡Special power in public interest possessing wireless telegraphy apparatus except under and in ‡2004 Amendment: Universal accordance with a license issued Service Obligation under this Act © 2010 MARS & Partners. 1933 ‡ Power to the Central overnment ‡Main objective to regulate the regarding establishing. 1885 Indian Wireless Act. All Rights Reserved .Telecommunication Laws MARS & Partners Indian Telegraph Act.

1997 Telecom Regulatory Authority of India ‡ Primary regulatory entity ‡ Composition: 1 Chairman. © 2010 MARS & Partners. 2 whole time members. 2 part time members ‡ Functions Recommendation to government Enforce compliance Investigation and issuing directions Telecom Disputes Settlement & Appellate Tribunal ‡ Amendment in 2000 ‡ To adjudicate disputes and dispose of appeals ‡ Between a between a licensor and a licensee. All Rights Reserved . between two or more service providers between a service provider and a group of consumers.Telecommunication Laws MARS & Partners Telecom Regulatory Authority of India Act.

Governmental Policies MARS & Partners y National Telecom Policies    1994 and 1999 Broad policy guidelines Aims: over all development y Unified Access Licensing  Unification and streamlining of licensing system y Broadband Policy. 2004 y Cable and Broadcasting Services   Considered under telecom services since 2004 Conditional Access System © 2010 MARS & Partners. All Rights Reserved .

All Rights Reserved .III MARS & Partners Present Scenario © 2010 MARS & Partners.

7 billion and $11 billion in 2008 and 2007 y Reasons    Improving market access Spectrum Scarcity Recurring costs on technology .Mergers and Acquisitions MARS & Partners y Significant driver of M & A DoT Guidelines on Merger ‡Intra-circle Consolidation ‡Merger for specific categories of licenses ‡At least 3 service provider after the merger ‡Consolidation leading to market monopoly prohibited ‡Approval of DoT must ‡Spectrum Restrictions © 2010 MARS & Partners. All Rights Reserved Activity in India y $5.

Foreign Investment MARS & Partners y Attractive avenue for foreign investment since 1990. revenues of Rs.74% ‡ Disclosure of status of foreign holding and certification that he maximum limit is adhered on sixmonthly basis. Fastest growing sector Recurring costs on technology © 2010 MARS & Partners. 57.542 crore in 2008-09.7% growth.1. y Reasons   DoT Guidelines on Foreign Participation ‡ Amendment in the existing licenses ‡ Maximum foreign participation limit. y 20. All Rights Reserved .

Foreign Investment: FDI Policy MARS & Partners y Basic Framework  Maximum limit. All Rights Reserved . © 2010 MARS & Partners. tele-marketing etc. Call centers.74 % (including indirect investment) 49% automatic route Ù Licensing requirements Ù y Security Requirements    Some officers and majority of directors to be Indians Restriction on transfer of information outside India Secured transmission y 100 % FDI in E-commerce activities  Including OSP like BPO.

node B. All Rights Reserved .Other Emerging Areas MARS & Partners y Infrastructure Sharing  enhancing the spread of network coverage in a geographically vast country as India  helps in reducing the risk factors for the telecom companies  DoT Guidelines sharing will be limited to antenna. and radio access network and transmission system only Ù do not permit the sharing of spectrum among the service providers Ù y Emerging Technologies  Advent of 3G Technology in India © 2010 MARS & Partners. feeder cable.

All Rights Reserved . y SERVICES regarding the corporate restructuring and consolidation procedures and requirements in telecom sectors particularly guiding on merger of licenses. © 2010 MARS & Partners. different telecom services. new telecom technologies.Legal Services for Telecom Sector MARS & Partners y LEGAL advice pertaining to the licensing and regulatory requirements concerning the various telecommunication services. y ADVISING on the changes and modifications in the existing telecom regime and emerging issues like infrastructure sharing. y LEGAL assistance in drafting and approval of license agreements for y HANDLING matters concerning foreign investments in telecom sectors and compliance to the statutory requirements. y DISPUTE resolution regarding telecommunications services before TDSAT.

4652 5466 / 77 / 88. INDIA Tel. Advocates and IPR Attorney A-415.com © 2010 MARS & Partners. New Delhi-110 024. All Rights Reserved . Defence Colony.marsandpartners.: + 91-11.Reach Us MARS & Partners MARS & Partners International Legal Consultants.com Website: www. Fax: + 91-11.4652 5455 Email: info@marsandpartners.

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