TRAI Recommendations on the Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023

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TRAI Recommendations on the Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023

Vertika Misra

@vertika@nasscom.in

February 26, 2025

Public Policy

In October 2024, the Telecom Regulatory Authority of India (TRAI) released a Consultation Paper on “The Terms and Conditions of Network Authorisations to be Granted Under the Telecommunications Act, 2023” (Paper) soliciting feedback from the public on the draft. On November 19, 2024, nasscom submitted the feedback on the Consultation Paper on issued of Content delivery networks (CDNs), Internet exchange points (IXPs) and Captive Use Authorisation.

TRAI released its recommendation on this Paper on February 17, 2025. TRAI has accepted our recommendation on CDN. they have recommended:

1. The establishment, operation, maintenance, and expansion of Content Delivery Networks (CDNs) should be authorisation exempt under Section 3(3) of the Telecommunications Act, 2023.
2. With a view to provide necessary safeguards, the authorisation exemption to CDNs should be subject to the following provisions:
  1. The mutual agreement between any entity authorised under Section 3(1) of the Telecommunications Act, 2023 and any CDN provider shall be fair, non-discriminatory, and compliant to net neutrality objectives.
  2. Central Government and TRAI may seek information related to such agreements from the concerned entities authorised under Section 3(1) of the Telecommunications Act, 2023, whenever a situation warrants so in the public interest.

For IXPs, TRAI has recommended light touch authorisation. On captive use authorisation, we had submitted to permit Captive Use Authorisation under the Telecommunications Act 2023 enabling Indian Enterprises to own, establish and manage Private Enterprise Networks (subsea or terrestrial fibers) for exclusive use by the enterprise and which do not interface with end users.

TRAI stated that the usage of telecommunication networks by any entity for captive use is, essentially, the provision of telecommunication service to itself. Such an authorisation is out of scope of the present consultation process on network authorisations. We will continue to take up this issue with Government.

On cable , TRAI has recommended that there is a need for introducing Cable Landing Station (CLS) Provider Authorisation with a broad scope of providing access facilitation to the essential facilities at cable landing station, and co-location to facilitate access to the cable landing station to the eligible service authorised entities. In case the Central Government deems it fit, it may send a reference to the Authority for exploring the need for CLS Provider Authorisation under Section 3(1)(b) of the Telecommunications Act, 2023 and the terms and conditions thereof.

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Vertika Misra

Director - Public Policy