CHAPTER VII
LICENSES FOR REGISTRATION
License or registration of service providers .
26. (1) Having regard to the necessity of serving the public interest, ensuring competition and prevention of monopoly in the provision of network infrastructure facilities and communication services, the Commission may, by regulations specify, -
(i) eligibility conditions for granting of licenses or registrations;(2)
(ii) restrictions regarding ownership and control of the media ;
(iii) restrictions on the number of licenses or extent of accumulation of interest in such licenses by a person; and
(iv) such other conditions as may be considered necessary from time to time.(a) The Commission may determine by regulation, the obligations, conditions, restrictions, tariffs and rates subject to which service provider shall provide facilities and services referred to in sub-section(1).
(b) The Commission may, by regulations , determine the conditions subject to which a license or registration may be granted or transferred and where a license or registration is transferred, the transferee shall be deemed as licensee or grantees, as the case may be , for the purpose of this Act .
(3) Subject to the provisions of sub-section (1), the Commission may grant license or registration in such manner, and within such time , subject to such terms and conditions, on payment of such fees and after following such procedure as may be determined by regulations. Provided that the fee for registration shall not exceed thirty thousand rupees.(4) The Commission shall notify , from time to time, one or more schemes or plans for licensing or registration containing such details as may be specified by regulations: Provided that the Commission shall , before finalising such schemes or plans, consult the Central Government in order to ensure that the defence and security interests of India are fully protected.
(5) Any scheme or plan referred to in sub-section (4) may provide for eligibility conditions, number, and scope of licenses and registration and such other matters as the Commission may consider necessary.
(6) The Commission may grant license to any person -
(a) to provide or own network infrastructure facilities.
Explanation.-For the purposes of this clause, network infrastructure facilities shall include earth station, cable infrastructure, wireless equipments, towers, posts, ducts and pits used in conjunction with other communication infrastructure, and distribution facilities including facilities for broadcasting distribution;
(b) to provide networking services
Explanation.-For the purposes of this clause, networking services shall include band-width services, fixed links and mobile links;
(c) to provide application services.
Explanation.-For the purposes of this clause, network application services shall include public switched telephony, public cellular telephony, global mobile personal communication by satellite, internet protocol telephony, radio paging services, public mobile radio trunking services, public switched data services and broadcasting (radio or television service excluding continued);
(d) to provide content application services.
Explanation,--For the purposes of this clause, content application services shall include satellite broadcasting, subscription broadcasting, terrestrial free to air television broadcasting and terrestrial radio broadcasting;
(e) to prove value added network application services such as internet services and unified messaging services.
Explanation.-For the removal of doubts, it is hereby declared that information technology enabled services such as call centers, electronic-commerce ,tele-banking ,tele-education, tele-trading ,tele-medicine ,videotex and video conferencing shall not be licensed under this Act.
(7)The Commission may, while granting a license for any one of the categories under sub-section (6), confine or limit the scope of the facility or service to be provided by the licensee in each category of license , and also specify the conditions for providing that facility or services.(8) The Commission may,while granting a license under sub-section (6) grant licenses either singly or jointly for one or more of the categories of facilities or services specified therein :. Provided that no license shall be granted under this sub-section if it conflicts with the objectives and guiding principles set out in Chapter IV particularly in relation to ensuring fair access and promotion of competition.
Provided that no license shall be granted under this sub-sectuib, if it conflicts with the objectives and guiding principles set out under this Act particularly in relation to ensuring fair access and promotion of competition.
Explanation.-No license shall be required in respect of any person or class of persons, or any facility or service, which has been exempted under the proviso to clause (b) of sub-section(1) of section 4 unless specifically notified by the Central Government for the purposes of licensing under this Act.
Period and form of license or registration.
27. (1) A license or registration shall be granted for such period as may be specified by regulations.
(2) A license or registration ,granted under this Act ,shall be in such form and shall be subject to the payment of such fees as may be determined by regulations:
Provided that the fee for registration shall not exceed the amount referred to in the proviso to sub-section(3) of section26:
Provided that the Central Government may, by notification, in the public interest, exempt any person or class of persons from payment of the license fee or registration fee.
Duties of service providers
28 (1) Every service provider shall , wherever required or applicable-
(i) give effect to Universal Service Obligations;
(ii) provide such life saving services as may be prescribed;
(iii) provide service to any person on demand within a reasonable period of time and on a non-discriminatory basis; and
(iv) follow the codes and standards laid down and specified by the Commission;
(2) Every service provider of a content application service shall , wherever required or applicable --(i) endeavour to provide a suitable proportion of programme of indigenous origin; and
(ii) ensure that no programme forming part of its services infringes any copyright.
(3) Without prejudice to the foregoing provisions of this Act, every service provider holding a license for providing distribution of broadcasting services shall, amongst others, -(i) provide a specified number and type of broadcasting services, including those of the public service broadcaster, in such manner, as may be prescribed;Certain Agreements to be registered with the Commission
(ii) include only licensed broadcasting service in his delivery package for the purposes of distribution; and
(iii) use not more than such number of channels as specified by regulations, out of the total channel capacity of the system, for providing his own programming.29. Every agreement entered into or made by any service provider or infrastructure facility provider ,falling under one or more of the following classes shall, within sixty days from the making of such agreement, be registered with the Commission namely:-
(a) shareholders or promoters agreements ;
(b) interconnectivity agreements; and
(c) Such other agreements as may be specified by regulations.