Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-22092025-266293
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
NEW DELHI, FRIDAY, SEPTEMBER 19, 2025/BHADRA 28, 1947
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 19th September, 2025
G.S.R. 689(E). — The following draft rules, which the Central Government proposes to make in
exercise of the powers conferred by sub section (6) of section 3 read with clause (d) of sub-section (2) of
section 56 of the Telecommunications Act, 2023 (44 of 2023) are hereby published for the information of
all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken
into consideration after the expiry of a period of thirty days from the date on which copies of this
notification as published in the Official Gazette, are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department
of Telecommunications, Ministry of Communications, Government of India, Sanchar Bhawan, 20, Ashoka
Road, New Delhi-110001;
The objections or suggestions which may be received from any person with respect to the said draft
rules before the expiry of the aforesaid period shall be taken into consideration by the Central Government.
1. Short title and commencement
(1) These rules may be called the Telecommunications (Migration) Rules, 2025.
(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);
(b) "applicant" means a licensee applying to migrate to a relevant authorisation;
(c) "relevant authorisation” means an authorisation specified in Schedule A of these rules;
(d) "authorisation rules" means the rules notified under clause (a) or clause (b) of sub-section
(1) of section 3 of the Act for provision of telecommunication services or establishment, operation,
maintenance or expansion of telecommunication network;
(e) "relevant license” means a license, registration, or permission, by whatever name called,
granted under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act,
1933 (17 of 1933) as specified under Schedule A of these rules and the word licensee shall be
construed accordingly;
(f) "main telecommunication service rules" means the Telecommunications (Authorisation for
Provision of Main Telecommunication Services) Rules, 2025;
(g) "pending dues” means all amounts payable under the terms and conditions of a relevant
license, including self-assessment amounts payable under a license, whether or not any demand has
been raised in respect of the same and includes license fee dues, SUC charges and any other dues,
interest, default interest, liquidated damages, penalties, any amounts payable pursuant to any
judicial order or arbitration award, disputed amounts, and amounts demanded by the Central
Government but not paid on account of any court order;
(h) "promoter" shall have the same meaning as provided under sub-section (69) of section 2 of
the Companies Act, 2013; and
(i) "Schedule" means the schedule appended to these rules.
(2) Words and expressions used and not defined herein but defined in the Act or the authorisation rules
shall have the same meaning assigned to them therein.
3. Scope and Applicability
These rules shall apply for migration of a relevant license to a relevant authorisation.
4. Application for obtaining approval for migration to relevant authorisation
(1) An applicant seeking to migrate its relevant license to a relevant authorisation identified in
Schedule A shall apply for such migration at least twelve months prior to the expiry of such relevant
license, in the form and manner, and accompanied with such documents as may be specified on the portal,
which shall include information with regard to: (a) details of all licenses held by the applicant, along with
the details of persons having beneficial interest in such licensees, and (b) details of other licenses in which
the promoters of the applicant are holding beneficial interest:
Provided that licensees holding relevant license having a validity period of less than twelve months on the
date of coming into force of these rules, and seeking migration, shall apply for migration under these rules
within ninety days of coming into force of these rules.
Provided further that the Central Government may, upon receipt of a written request from the licensee prior
to the expiry of the period specified in first proviso to sub-rule (1), allow for an extended timeline for such
application, if it is satisfied that there was sufficient cause for not making such application within the
timeline so specified.
(2) The eligibility criteria for grant of authorisation under the relevant authorisation rules, shall apply
in respect of each applicant except in respect of the requirement of minimum net worth as specified in such
rules.
(3) Every application under sub-rule (1) shall be accompanied with a non-refundable processing fee of
ten thousand rupees.
(4) An applicant holding more than one relevant license shall, while making an application under sub-
rule (1), apply for migration of all its relevant licenses to the relevant authorisation.
(5) In respect of an application under sub-rule (1) seeking migration to a relevant authorisation under
the main telecommunication service rules, migration shall be permitted as follows:
(a) an applicant holding a relevant license as a network service operator (NSO) shall be
considered for a relevant authorisation as NSO; and
(b) an applicant holding a relevant license as a virtual network operator (VNO) shall be
considered for a relevant authorisation as VNO.
(6) Migration of a relevant license to a relevant authorisation shall be permitted in respect of the same
service area or the same area of operation, as the case may be, except as provided below:
(a) migration of an ISP Category C license shall be permitted to an Internet Service
authorisation for the specified telecom circle or metro service area;
(b) migration of an Access Service Category B license shall be permitted to a Wireline Access
Service authorisation for the specified telecom circle or metro service area; or
(c) migration of a Machine to Machine Category C license shall be permitted to an Internet
Service authorisation for the specified telecom circle or metro service area.
5. Grant of approval for migration to relevant authorisation
(1) Upon examination of the application submitted under sub-rule (1) of rule 4, the Central
Government may seek clarifications or further documents from the applicant, as it may require.
(2) Where the Central Government determines an applicant to be eligible for migration to a relevant
authorisation, it shall issue through the portal a demand letter specifying the amount equivalent to the
difference between the entry fee applicable for such relevant authorisation and the sum of the entry fees
that have already been paid for the relevant licenses which the applicant seeks to migrate:
Provided that the applicant shall not be entitled to any refund in the event the entry fee applicable for the
relevant authorisation to which a relevant license is getting migrated, is lesser than the entry fee already
paid for such license.
(3) If the amount specified in the demand letter is not paid within the timeline specified therein, such
letter shall be deemed to have lapsed, and the application for migration shall stand rejected:
Provided that the Central Government may, based on consideration of a request for extension of time made
by an applicant prior to the expiry of the time specified in the demand letter, in the form and manner as may
be specified on the portal, grant a one-time extension not exceeding thirty days from the time specified in
the demand letter.
(4) Upon payment of the amount specified in the demand letter issued under sub-rule (2) by the
applicant within the timeline specified by the Central Government, a unique authorisation number shall be
generated on the portal and a relevant authorisation shall be granted to the applicant in the format specified,
and as per the terms and conditions as applicable, in the relevant authorisation rules.
(5) The validity of a relevant authorisation resulting from migration under these rules shall be for the
duration as specified in the relevant authorisation rules:
Provided that, upon migration from MNP service license to MNP provider authorisation, as identified in
Schedule A, the validity of such authorisation shall be only for the balance period of the validity of MNP
service license.
(6) The Central Government shall endeavour, to the extent reasonably practicable, to decide on an
application received under sub-rule (1) of rule 4 within a period of sixty days of the applicant providing
clarifications or additional documents as may be required under sub-rule (1):
Provided further that any decision rejecting the application shall be accompanied by reasons to be specified
in writing.
(7) Where an application has been rejected in terms of sub-rule (6), or no application for migration of a
relevant license is received within the timelines specified under sub-rule (1) of rule 4, then such license
shall expire, at the end of its validity period, and the licensee shall notify all its users, clearly stating the
options available to such users, including that of MNP, by issuing a notice of at least thirty days, as regards
the effective date of expiry of its license by efflux of time and ensure quality of telecommunication network
and telecommunication service, till the effective date of expiry.
(8) Each application for migration shall be processed on the basis of the statements, averments,
representations and submissions made by the applicant and on the basis of the supporting documents
provided by the applicant.
(9) Where the information submitted by the applicant is found to be incorrect, the authorisation if
granted on the basis of such application, shall be dealt with in accordance with the Telecommunications
(Adjudication and Appeal) Rules, 2025.
6. Payment of all pending dues
(1) The Central Government's approval for migration pursuant to an application received under rule 4,
shall be subject to the following additional conditions:
(a) where an applicant has any dues pending for payment under the relevant license, in respect
of which the Central Government has raised a demand for payment, twelve months prior to the date
of submission of the relevant application, approval of its application shall be contingent upon
payment of all such dues, together with applicable interest calculated based on the rate stipulated
for delayed payment under the relevant license terms and conditions, except, where there is an
order of the court injuncting the payment of such dues;
(b) the applicant shall ensure payment of the following, prior to the submission of such
application:
(i) all license fee and spectrum usage charges on a self-assessment basis till the
previous quarter, and
(ii) all spectrum auction dues in accordance with the applicable payment schedule
under the relevant NIA.; and
(c) where there is a judicial order injuncting payment of the pending dues, the licensee shall
submit an undertaking to make the payment of such pending dues together with all interest thereon,
subject to the outcome of the pending court proceedings.
(2) The applicant shall, in addition to the undertaking required to be provided under clause (b) of sub-
rule (1), also provide an undertaking, in the form as specified on the portal, that it shall pay all dues and
accept all such liabilities that arise out of the relevant license and for which demand may be made
subsequent to the migration to the relevant authorisation, including any dues determined pursuant to sub-
rule (3) of this rule and sub-rule (1) of rule 7.
(3) In addition to the provisions of sub-rule (1), and sub-rule (2), the Central Government may at any
time, including at the time of reviewing any application for migration under this rule or even after the
migration has been completed pursuant to an approval, ascertain whether there are any pending dues
payable to the Central Government, and the licensee or resulting authorised entity, as the case may be, shall
have the obligation to make the payment of such dues so determined.
(4) Any approval for migration provided under these rules shall be subject to continued compliance
with the conditions specified under this rule 6.
7. General conditions
(1) Upon migration, the terms and conditions of the authorisation provided under the relevant
authorisation rules shall apply:
Provided that, roll out obligations, and any other relevant obligations or liabilities including financial dues,
determinations of violations in the pre-migration period and imposition of penalty thereof, if any,
associated with the relevant licenses or spectrum, shall remain applicable under the terms of relevant
license even after such migration.
(2) Where an application of migration has been approved, the resource, coverage test certificates
issued by the Central Government to licensees as a part of compliance of roll-out obligations, extant
permissions for deployment for foreign nationals, and other permissions including for remote access and
gateways permissions, shall be deemed to be reassigned under the relevant authorisations granted for the
relevant service areas or the relevant area of operation, as the case may be, unless the Central Government
determines the need for review of any specific situation or circumstance:
Provided that this sub-rule (2) shall be applicable subject to realization of charges or fees, if any, for each
resource, as applicable, in conformity with the extant guidelines or instructions.
Explanation: For the purpose of this rule, the term “resource” means the telecommunication identifiers
already allocated, spectrum assignments, clearances, permissions, approvals, and certificate of compliance
held by a licensee in respect of a relevant license.
8. Miscellaneous
(1) Upon migration to the relevant authorisation pursuant to these rules, the relevant licenses sought to
be migrated by the successful applicant shall be cancelled and be deemed to be subsumed within the
relevant authorisation that is granted upon migration.
Provided that the grant of the number and nature of authorisation in respect of an application for migration,
shall be determined by the Central Government in accordance with the relevant authorisation rules, taking
into consideration the scope and service area of the relevant license, and ensuring that the same is covered
in the scope of the authorisation so granted.
Provided further that, the subsumption and cancellation of the prior license:
(a) shall not result in any extinguishment or waiver of any dues, penalties, liabilities or
obligations incurred under such earlier license, as the case may be, and
(b) such dues, penalties, liabilities or obligations shall stand transferred to and be deemed to be
carried forward under the authorisation, and remain payable by such entity and recoverable by the
Central Government.
(2) In case a licensee, holding access spectrum obtained through auction or for which market
determined price has been paid, migrates to the relevant authorisation under these rules, such spectrum
shall continue to be valid till its validity on the terms and conditions on which it had been assigned.
(3) In case a licensee, holding administratively assigned spectrum including backhaul spectrum,
migrates to a relevant authorisation under these rules, such spectrum shall continue to be valid on the terms
and conditions on which it had been assigned, for a period of five years from the appointed day of sub-
section (8) of section 4 of the Act, or the date of expiry of such spectrum, whichever is earlier.
(4) A licensee or a relevant authorised entity, as the case may be, shall also comply with notifications,
orders, directions, or guidelines, not inconsistent with these rules, issued by the Central Government for the
purpose of giving effect to these rules.
9. Digital implementation of these rules
The Central Government, in furtherance of section 53 of the Act, may notify one or more portals for the
digital implementation of these rules, including publication of relevant forms, submission of applications,
and grant of relevant approvals specified under these rules.
SCHEDULE A: Migration of a relevant license to a relevant authorisation
+-------+---------------------------------------------------------------------+-----------------------------------+
| S. No.| Relevant License | Relevant Authorisation |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 1 | Access Service under Unified License or UASL | Unified Service |
| | for 11 or more telecom circles or metro areas, | |
| | GMPCS Service, Commercial VSAT CUG | |
| | Service, NLD Service, ILD Service, Internet | |
| | Service Category A, M2M Service Category A, | |
| | Resale of IPLC Service, Audio Conferencing/ | |
| | Audiotex/Voice Mail Service* | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 2 | Access Service | Access Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 3 | Access Service Category B license | Wireline Access Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 4 | Internet Service, M2M Service, Commercial | Internet Service |
| | VSAT CUG Service* | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 5 | GMPCS Service*** | Long Distance Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 6 | NLD Service, ILD Service, Resale of IPLC | PMRTS Service |
| | Service* | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 7 | PMRTS Service | Enterprise Communication Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 8 | Audio Conferencing/ Audiotex/ Voice Mail | |
| | Service | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 9 | M2M Service Provider registration, WLAN/ | M2M Service |
| | WPAN connectivity provider for M2M | |
| | registration* | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 10 | IFMC Permission | IFMC Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 11 | PM WANI PDOA Registration, App Provider | PM WANI Service |
| | Registration* | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 12 | NoC for sale/ rent of International Roaming SIM | International SIM service |
| | Cards of foreign operators in India | |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 13 | IP-I registration | Infrastructure Provider (IP) |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 14 | Mobile Number Portability (MNP) | Mobile Number Portability (MNP) |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 15 | Internet Service** | Internet Exchange Point Provider (IXP)|
+-------+---------------------------------------------------------------------+-----------------------------------+
| 16 | CMRTS | CMRTS |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 17 | Captive VSAT CUG Service | Captive VSAT CUG Service |
+-------+---------------------------------------------------------------------+-----------------------------------+
| 18 | CNPN | CNPN |
+-------+---------------------------------------------------------------------+-----------------------------------+
* In respect of entries 1, 4, 6, 9 and 11 of the table, an applicant holding the relevant license in respect of
any or all of the telecommunication services specified in each such entry, may seek migration to the
relevant authorisation as specified.
** In respect of entry 15, migration may be sought by an applicant who is using its internet service license
to provide Internet Exchange Point (IXP) services only.
*** In respect of entry 5, migration may be sought by an applicant who is using its GMPCS service license
to provide such limited telecommunication services which are authorised under the scope of Internet
services authorisation.
[F No. 24-10/2025-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH Digitally signed by GORAKHA
YADAVA
NATH YADAVA
Date: 2025.09.22 16:12:26 +05'30'