Telecommunications (Radio Equipment Possession Authorisation) Rules, 2026

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08072026-274286 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 534] NEW DELHI, WEDNESDAY, JULY 8, 2026/ASHADHA 17, 1948 MINISTRY OF COMMUNICATIONS (Department of Telecommunications) NOTIFICATION New Delhi, the 8th July, 2026 G.S.R. 592(E).— Whereas a draft of the Telecommunications (Radio Equipment Possession Authorisation) Rules, 2025 was published, as required under sub-section (1) of section 56 of the Telecommunications Act, 2023 (44 of 2023), in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide notification number G.S.R. 154(E), dated the 27th February, 2025, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Official Gazette containing the said notification were made available to the public: And whereas, copies of the said Official Gazette were made available to the public on the 28th February, 2025: And whereas, the comments and suggestions received in that period in respect of the said draft rules have been considered by the Central Government: Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (a) of sub-section (2) of section 56 read with clause (c) of sub-section (1) of section 3 of the Telecommunications Act, 2023 (44 of 2023), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.—(1) These rules may be called the Telecommunications (Radio Equipment Possession Authorisation) Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.—(1) In these rules, unless the context otherwise requires, — (a) "Act" means the Telecommunications Act, 2023 (44 of 2023); and (b) "portal" means portal as referred to in rule 15. (2) Words and expressions used in these rules and not defined herein but defined in the Act or the rules made thereunder shall have the meanings respectively assigned to them in the Act or the said rules. 3. Application.—These rules provide for the terms and conditions of authorisation to possess radio equipment. 4. Application for authorisation.—(1) A person who meets the eligibility criteria under sub-rule (2) may apply under sub-rule (3) to obtain authorisation to possess radio equipment if he intends to— (a) deal with such radio equipment through manufacture, purchase or import for sale, let for hire, repair or testing or demonstration thereof; or (b) import or purchase or hire radio equipment only for the purposes of testing or demonstration. (2) A person falling in any of the following categories shall be eligible to apply for authorisation, namely:— (a) a company or a limited liability partnership, subject to the foreign direct investment, if any, in it being in conformity with the policy issued by the Central Government from time to time in respect of foreign direct investment and applicable law; (b) a person, including a partnership firm or sole proprietorship, who possesses a license, permit or registration under applicable law to carry on a trade or business; (c) the Central Government or a State Government or any agency designated by Central Government or State Government for possession of radio equipment as referred to in sub-rule (1); and (d) a person who holds a licence under the Indian Wireless Telegraphy (Possession) Rules, 1965. (3) A person intending to obtain authorisation under these rules shall apply on the portal in such form and manner as specified in this behalf on the portal and accompanied by— (a) such documents and information as specified therein, including information related to the make, model and quantity of radio equipment; and (b) payment of non-refundable application fees of one thousand rupees: Provided that where such equipment is equipment that blocks telecommunication, the person seeking authorisation in respect of the same shall, along with such application, submit the permission obtained under section 48 of the Act. (4) Any application made for grant of a license under the Indian Wireless Telegraphy Act, 1933 (17 of 1933), prior to the date of commencement of these rules, shall lapse, if the license under the Indian Wireless Telegraphy Act, 1933 (17 of 1933) pursuant to such application had not been issued prior to the date of commencement of these rules. (5) An applicant whose application has lapsed under sub-rule (4) may make an application under sub-rule (3) for grant of authorisation: Provided that any fees paid at the time of making the application that has lapsed under sub-rule (4), may be reckoned towards fulfilment of any requirement under these rules as to payment of application fee, while paying the fee to the extent of shortfall, if any, after adjusting the amount paid previously. 5. Grant of authorisation.—(1) On receipt of application under rule 4, the Central Government may make such inquiry as it deems fit regarding eligibility of the applicant and, for this purpose, require the applicant to furnish such information as it may call for, and if the application is for possession of radio equipment as referred to in clause (a) of sub-rule (1) of rule 4, may undertake such security vetting as it may specify on the portal. (2) The Central Government may, - (a) if it is satisfied that the applicant is eligible, issue a letter of intent to such applicant through the portal, specifying the requirements to be fulfilled for obtaining authorisation, including non-refundable authorisation fees payable for the entire duration of authorisation specified in such letter, which shall be reckoned as follows, namely:- (i) at the rate of ten thousand rupees per annum, in case the application is for possession of radio equipment as referred to in clause (a) of sub-rule (1) of rule 4; (ii) at the rate of two thousand rupees per annum, or proportionate amounts for periods less than a year, in case the application is for possession of radio equipment as referred to in clause (b) of sub-rule (1) of rule 4, subject to minimum authorisation fees of five hundred rupees; or (b) reject the application. (3) On being satisfied that the requirements specified in the letter of intent are fulfilled by the applicant, including payment of authorisation fees for the entire duration of authorisation, the Central Government may grant authorisation through the portal, specifying, among other things, the following, namely:- (a) the information relating to such radio equipment including information related to make, model and quantity of radio equipment; (b) whether the authorisation to possess such radio equipment is granted for— (i) dealing with it through manufacture, or purchase or import for sale, or let for hire, or repair or testing or demonstration thereof, or any combination of the aforesaid; or (ii) importing or purchasing or hiring only for the purposes of testing or demonstration; (c) the address at which such radio equipment shall be kept; (d) the procedure for testing such radio equipment; (e) the steps and procedure to be followed for demonstrating the use of such radio equipment and the circumstances in which such demonstration may be made; and (f) the effective date and duration of authorisation. (4) The authorised entity who holds authorisation for possession of radio equipment as referred to in clause (a) of sub- rule (1) of rule 4 may apply for modification of anything specified therein, in the form and manner specified on the portal, accompanied by payment of non-refundable application fees of one thousand rupees, and the Central Government may, after such inquiry and calling for such information as it may deem fit, grant or reject such application. 6. Duration of authorisation. - Subject to the provisions of rules 11 and 14, the duration of each authorisation granted under rule 5 shall be— (a) at least one year and up to five years, in case it is for possession of radio equipment as referred to in clause (a) of sub-rule (1) of rule 4; (b) up to twelve months, in case it is for possession of radio equipment as referred to in clause (b) of sub-rule (1) of rule 4. 7. Renewal.—(1) An authorised entity that holds authorisation for possession of radio equipment as referred to in clause (a) of sub-rule (1) of rule 4 may, not later than one month prior to the date of expiry of such authorisation, apply for its renewal in the form and manner specified on the portal. (2) On receipt of a written request from an authorised entity, the Central Government may permit an application beyond the time limit specified in sub-rule (1), if it is satisfied that there was sufficient cause for not making such application within such period, subject to payment of such late fees as may be specified by the Central Government in response to such request. (3) The Central Government may, on receipt of an application under this rule, renew the authorisation for such duration as specified under rule 6, and every such renewal shall be subject to the terms and conditions as may be specified on the portal and applicable law at the time of such renewal. 8. Conditions for giving possession of radio equipment.—(1) An authorised entity that holds authorisation for possession of radio equipment as referred to in clause (a) of sub-rule (1) of rule 4 shall give possession thereof only to a person as referred to in rule 10 or who holds an authorisation granted under these rules. (2) An authorised entity that holds authorisation for possession of radio equipment as referred to in clause (b) of sub- rule (1) of rule 4 shall not give possession of radio equipment to any other person. (3) Nothing in this rule shall apply to an authorised entity undertaking disposal of its radio equipment under rule 12. 9. General terms and conditions.—(1) An authorised entity who holds authorisation under these rules shall adhere to the following terms and conditions, namely:— (a) ensure that the radio equipment is kept in secure premises and in accordance with the particulars specified in the authorisation; (b) adhere to the eligibility criteria specified in rule 4 throughout the duration of authorisation; (c) ensure that the radio equipment in its possession is not in contravention of any law for the time being in force, is used only for the purpose for which the authorisation has been granted and does not become a safety or health hazard; (d) ensure that the radio equipment in its possession is in conformity with such standards as may be notified from time to time by the Central Government; (e) in case the name, address or contact details of the authorised entity as given in the application or subsequently updated in the portal undergoes any change, inform the Central Government forthwith on the portal in the form and manner specified thereon; (f) maintain and update the following information and documents in such manner specified on the portal and furnish the same at such times as the Central Government may require, namely:- (i) inventory of radio equipment in its possession; (ii) documents, accounts, estimates, returns and reports in respect of radio equipment in its possession; and (iii) any other information or document as may be specified on the portal; (g) provide necessary facilities and support to facilitate the physical verification by the Central Government or any officer authorised by it, as required under sub-rule (2) of rule 13; and (h) forthwith report any instance of loss, theft, loss of possession or suspected misuse of such radio equipment on the portal in such form and manner as specified thereon in this behalf. (2) Every authorised entity shall, for any testing and demonstration of its radio equipment, adhere to the following, namely:- (a) in respect of radio equipment which is non-radiating, or radiates power up to 100 milliwatt, it shall— (i) ensure that such testing and demonstration does not cause interference to any telecommunication equipment, telecommunication network or telecommunication service of any other authorised entity; and (ii) not claim protection from interference caused by any telecommunication equipment, telecommunication network or telecommunication service of any other authorised entity. Explanation. —For the purposes of this clause, the expression “interference" means the effect of unwanted energy due to one or a combination of emissions, radiations or induction on reception in a radio communication system, manifested by any performance degradation, misinterpretation or loss of information that could have been extracted in the absence of such unwanted energy; (b) in respect of the radio equipment which radiates power in excess of 100 milliwatt, it shall adhere to the terms and conditions of spectrum assignment obtained under applicable law. (3) An authorised entity shall not— (a) assign or transfer, in any manner whatsoever, directly or indirectly, in whole or in part, any authorisation granted to it; or (b) enter into any partnership or agreement for such assignment or transfer: Provided that such transfer or assignment of authorisation may be permitted by the Central Government on such terms and conditions as it may deem fit. 10. Possession by persons not requiring authorisation.—An authorisation under these rules shall not be required if a person— (a) holds a licence, registration, permission, by whatever name called, under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and continues to operate under the terms and conditions of such licence, registration or permission under sub-section (6) of section 3 of the Act; (b) holds an authorisation under any other rule under the Act, the terms and conditions of which do not require it to obtain authorisation under clause (c) of sub-section (1) of section 3 of the Act; (c) holds an exemption under sub-section (3) of section 3 of the Act and an exemption from the requirement of assignment under sub-section (6) of section 4 of the Act; (d) holds an exemption, in respect of possession of radio equipment, as referred to in sub-section (4) of section 3 or sub-section (7) of section 4 of the Act; (e) has spectrum assigned to it under sub-sections (4), (8) or (9) of section 4 of the Act; (f) holds an Amateur Station Operator Certificate in accordance with the Telecommunications (Amateur Services) Rules, 2024; (g) is in possession of radio equipment that can accommodate not more than four subscriber identity modules; or (h) is a user who holds proof of subscription to a telecommunication service provided by an authorised entity. Explanation.—For the removal of doubts, it is clarified that a person as referred to in this rule shall not manufacture, sell or let for hire the radio equipment in its possession. 11. Surrender of authorisation.—(1) An authorised entity seeking to surrender an authorisation shall submit an application, in such form and manner as specified on the portal, at least thirty days prior to the proposed date of surrender, accompanied by proof of payment of applicable dues payable by it till the date of the application, and such other information as may be specified on the portal. (2) The Central Government may approve an application under sub-rule (1), subject to terms and conditions for disposal of the radio equipment under rule 12 and determination of dues, if any. 12. Disposal of radio equipment.—(1) On occurrence of any event as specified in column (2) of the Table below, an authorised entity shall dispose of the radio equipment in its possession within the period as specified in column (3) of the said Table: +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ | S. | Event relating to disposal | Period for disposal | | No. | | | +=====+==================================================================================================================================================+================================================+ | (1) | (2) | (3) | +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ | 1. | Expiration of authorisation on account of non-renewal. | Within three months of such expiry. | +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ | 2. | Acceptance by the Central Government of an application for surrender made under rule 11. | Within two months from the date of such | | | | acceptance. | +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ | 3. | If a person referred to in rule 10 ceases to be such person. | Within two months of such cessation. | +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ | 4. | Suspension, curtailment or revocation of an authorisation pursuant to an order published by the Central Government on the portal under rule 14. | Within two months from the date of publishing | | | | of such order on the portal. | +-----+--------------------------------------------------------------------------------------------------------------------------------------------------+------------------------------------------------+ (2) The authorised entity may, at any time throughout the duration of authorisation, dispose of the radio equipment in its possession and maintain, update and furnish information and documents as required under clause (f) of sub-rule (1) of rule 9. (3) The authorised entity shall dispose of the radio equipment under sub-rules (1) and (2), following such procedure as specified on the portal and shall submit the document evidencing such disposal, in such form and manner as specified thereon. 13. Powers of Central Government.—(1) The Central Government may specify on the portal the restrictions on activities relating to testing and demonstration in the restricted areas falling near the international borders of the territory of India, the Line of Control, the Line of Actual Control of India, or any other area as specified on the portal. (2) The Central Government or any officer authorised by it may, after issuing a notice to authorised entity, carry out physical verification of the radio equipment and the premises it is located in: Provided that no notice shall be provided to such authorised entity if the Central Government considers that immediate action is necessary or expedient in public interest. (3) The Central Government may, for the purposes of giving effect to these rules, issue orders, directions or guidelines not inconsistent with the Act or these rules, which shall constitute the terms and conditions applicable to every authorised entity. 14. Breach.—(1) A breach of the terms and conditions under these rules by an authorised entity shall constitute a breach as referred to in section 32 of the Act. (2) The Central Government may, after due consideration of the recommendations received under clause (b) of sub- section (1) of section 32 of the Act and giving an opportunity of being heard to the authorised entity, issue an order of suspension, revocation or curtailment of an authorisation under sub-section (2) of section 32 of the Act. (3) Every order under sub-rule (2) shall be published by the Central Government on the portal, and be effective immediately from the date of publishing of such order: Provided that suspension of the authorisation shall not be grounds for extension of duration of such authorisation. 15. Digital implementation.—The Central Government may, in furtherance of section 53 of the Act, notify one or more portals for the digital implementation of these rules, including for providing any form, manner, order, directions or guidelines to be specified under these rules. [F. No. 24-03/2025-UBB] DEVENDRA KUMAR RAI, Jt. Secy.