Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-28022025-261347
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 120]
NEW DELHI, THURSDAY, FEBRUARY 27, 2025/PHALGUNA 8, 1946
1470 GI/2025
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 27th February, 2025
G.S.R. 154(E). – The following draft rules, which the Central Government proposes to make in
exercise of the powers conferred by clause (c) to sub-section (1) of section 3, read with clause (a) to sub-
section (2) of section 56 of the Telecommunication 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 objection or suggestion 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, commencement and savings. –
(1) These rules may be called the Telecommunications (Radio Equipment Possession
Authorisation) Rules, 2025.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall be in supersession of the Indian Wireless Telegraphy (Possession) Rules,
1965, and all existing office orders or memorandums on the subject, but shall not override
things done or omitted to be done before such supersession and without overriding the terms
and conditions of existing authorisations for possession of radio equipment, by whatsoever
name called, till the date of expiry of such authorisation or till the date of migration of such
authorisation in accordance with rules under sub-section (6) of section 3 of the Act.
2. Definitions. –
(1) In these rules, unless the context otherwise requires:
(a) "Act" means the Telecommunications Act, 2023 (44 of 2023);
(b) "dealer" means any company registered under the Companies Act, 2013 (18 of 2013), or
a limited liability partnership registered under the Limited Liability Partnership Act,
2008 (6 of 2009), or an Indian citizen, who deals through import for sale, or lets for hire,
sells, offers, repairs, or manufactures for sale, or possess for testing or demonstration,
any radio equipment;
(c) “portal" means the portal to be notified by the Central Government under rule 13; and
(d) "Radio Equipment Possession Authorisation" means the authorisation granted under
these rules, which may be of either of the categories as specified under sub-rule (2) of
rule 3.
(2) Words and expressions used in these rules and not defined herein but defined in the Act, shall
have the meanings respectively assigned to them in the Act.
3. Scope. –
(1) No person shall possess radio equipment except under and in accordance with Radio
Equipment Possession Authorisation granted under rule 6, unless exempted from the
requirement of such Radio Equipment Possession Authorisation under rule 4.
(2) Radio Equipment Possession Authorisation granted under rule 6 may be of either of the
following categories:
(a) Dealer Possession Authorisation; or
(b) Special Possession Authorisation.
4. Exemption from Radio Equipment Possession Authorisation. – Radio Equipment Possession
Authorisation shall not be required in respect of:
(a) radio equipment that has been exempted from the requirement of authorisation under
sub-section (3) or sub-section (4) of section 3;
(b) possession of radio equipment by an authorised entity holding authorisation granted by
the Central Government under clause (a) or clause (b) to sub-section (1) of section 3 of
the Act, and spectrum assignment under sub-section (4) of section 4 of the Act, or
license under the Indian Telegraph Act, 1885 (13 of 1885) which is valid pursuant to
sub-section (6) of section 3 of the Act and spectrum assignment which is valid pursuant
to sub-sections (8) and (9) of section 4 of the Act; and
(c) possession of radio equipment notified by the Central Government, that may be required
by a user for use of telecommunication service.
5. Application for Radio Equipment Possession Authorisation. –
(1) An application for Dealer Possession Authorisation, along with supporting documents, may be
made by a dealer in the form and manner as specified on the portal along with payment of fees
of one thousand rupees.
(2) The Central Government may, subject to such terms and conditions as it may determine,
permit a person, other than a dealer, to apply for a Special Possession Authorisation.
(3) Any person whose Radio Equipment Possession Authorisation has been cancelled as a result
of breach of the terms and condition of such authorisation, shall not be eligible to make an
application for a Radio Equipment Possession Authorisation for a period of five years from
such cancellation.
6. Grant and validity of Radio Equipment Possession Authorisation. –
(1) The Central Government shall, upon evaluation of the application received under rule 5, and
subject to security and administrative clearances of the applicant and assessment of the safety
of the premises where such radio equipment is to be stored, grant the relevant category of
Radio Equipment Possession Authorisation, specifying:
(a) the premises for storage of the relevant radio equipment; and
(b) applicable validity periods and authorisation fees as specified in sub-rule (2).
(2) The validity period and authorisation fees applicable for each category of Radio Equipment
Possession Authorisation shall be as follows:
+-------------------------------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| Category of Radio Equipment | Validity Period and Authorisation Fees |
| Possession Authorisation | |
+===========================================+=================================================================================================================================================================================================================================================================+
| Dealer Possession Authorisation | Validity period of not less than one year and not exceeding five years. Any grant for more than one year shall be in multiples of one year or for five years, as requested by the applicant. |
| | Authorisation fees of [ten thousand] rupees per annum, payable annually in advance, or, at the dealer's option, in advance for the entire duration of the authorisation. |
+-------------------------------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| Special Possession Authorisation | Validity period not exceeding two years, as determined by the Central Government. |
| | Authorisation fees of [ten thousand] rupees per annum, or such prorated amount for periods less than one year. |
+-------------------------------------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
(3) Radio Equipment Possession Authorisation granted under these rules shall be specific to the
premises and location specified in the grant of such authorisation, and any change of location
or premises for the storage of the radio equipment may be undertaken by an authorised entity
possessing a valid Radio Equipment Possession Authorisation only after obtaining the required
security and administrative clearances from the Central Government, pursuant to an
application to be submitted in the form as may be specified on the portal, along with payment
of fees of one thousand rupees.
7. Renewal.
(1) An authorised entity possessing a valid Radio Equipment Possession Authorisation shall apply
for renewal thereof at least one month prior to the expiry of such authorisation, by making an
application in the form as may be specified on the portal:
Provided that an application for renewal may be accepted up to three months after the expiry
of the relevant authorisation, upon payment of late fees of two hundred and fifty rupees for
each month of delay.
(2) The Central Government shall, upon consideration of an application for renewal:
(a) renew a Dealer Possession Authorisation for a minimum period of one year and up to a
maximum of five years, in multiples of one year, as requested by the authorised entity;
or
(b) renew a Special Possession Authorisation for a period such that the period of
authorisation, including its initial validity period, shall not exceed two years.
(3) The authorisation fees as specified in sub-rule (2) of rule 6 shall apply for the period of any
renewal of the relevant authorisation.
8. General terms and conditions.
(1) An authorised entity possessing a Radio Equipment Possession Authorisation shall:
(a) display the Radio Equipment Possession Authorisation in a conspicuous manner in the
premises as specified in such Radio Equipment Possession Authorisation;
(b) intimate the Central Government of any change in contact details in the form as may be
specified on the portal, within fifteen days of any such change:
Provided that any change in location of the radio equipment shall be undertaken in
accordance with the provisions of sub-rule (3) of rule 6;
(c) keep in its premises, for the purpose of repairs, the radio equipment of another
authorised entity or licensee as specified under clause (b) of Rule 4, or Radio Equipment
Possession Authorisation under these rules;
(d) maintain documents, accounts, estimates, returns, reports or other information, as
specified on the portal, which shall be shared and updated on demand with the Central
Government;
(e) allow the Central Government, or any officer authorised by the Central Government for
this purpose, to carry out physical verification of the radio equipment at the premises of
the authorised entity;
(f) ensure that the radio equipment in its possession should not become a safety or health
hazard and is not in contravention of any provision of any other law for the time being
in force; and
(g) adhere to such other conditions as may be specified under the Radio Equipment
Possession Authorisation.
(2) No authorised entity shall undertake any assignment or transfer of a Radio Equipment
Possession Authorisation held by it or enter into any agreement for sub-leasing of or
partnership of or creation of third-party interest over such authorisation, whether directly or
indirectly or in any manner whatsoever, without the prior written approval of the Central
Government.
9. Conditions for sale or give for hire. No authorised entity holding a Radio Equipment
Possession Authorisation shall sell or give for hire radio equipment to any person, unless such person:
(a) holds an authorisation granted by the Central Government under clause (a) or clause (b)
to sub-section (1) of section 3 of the Act and spectrum assignment under sub-section (4)
of section 4 of the Act, or license under the Indian Telegraph Act, 1885 (13 of 1885)
which is valid pursuant to sub-section (6) of section 3 of the Act and spectrum
assignment which is valid pursuant to sub-sections (8) and (9) of section 4 of the Act; or
(b) is exempted from the requirement of authorisation under sub-section (3) or sub-section
(4) of section 3 of the Act; or
(c) holds a Radio Equipment Possession Authorisation issued under these rules; or
(d) is a user who holds a proof of subscription to a telecommunication service.
10. Breach of terms and conditions. –
Any non-compliance with these rules, including the terms and conditions of a Radio Equipment Possession
Authorisation, shall be subject to the rules framed under Chapter VIII of the Act.
11. Surrender of Radio Equipment Possession Authorisation.
(1) An authorised entity may surrender its Radio Equipment Possession Authorisation at any time
by submitting an application, at least thirty days prior to the proposed date of surrender, in the
form as may be specified on the portal, along with proof of payment of applicable dues in
respect of authorisation fees payable by it till the date of such application:
Provided that no Radio Equipment Possession Authorisation shall be surrendered if such
authorisation is the subject matter of proceedings under the rules framed under Chapter VIII of
the Act.
(2) The Central Government shall, based on consideration of the application, either approve such
surrender, subject to terms and conditions for disposal of the relevant radio equipment, or
reject such application, for reasons to be recorded in writing, within fifteen days of date of
receipt of the application under sub-rule (1).
(3) An authorised entity that has not renewed the relevant authorisation within a period of three
months after the expiry of such authorisation, shall, within such period of three months, submit
an application seeking directions for disposal of the radio equipment in the form as may be
specified on the portal, and the Central Government shall, within fifteen days of receipt of
such application, specify the terms and conditions for disposal of the relevant radio equipment.
(4) Any disposal of the radio equipment pursuant to sub-rule (2) or sub-rule (3), shall be
undertaken by the authorised entity in accordance with the terms and conditions specified by
the Central Government for such disposal.
12. No refund of fees. –
(1) Fees paid in respect of an application under these rules shall be non-refundable.
(2) No compensation or refund of fees shall be applicable as a result of any suspension or
cancellation of the Radio Equipment Possession Authorisation for any reason whatsoever.
13. Digital implementation of the rules. – The Central Government, in furtherance of section 53 of
the Act, may notify a portal for the digital implementation of these rules, including for the publication of
relevant forms, submission of applications, and grant of relevant Radio Equipment Possession
Authorisation and approvals specified under these rules.
[F.No. 24-03/2025-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.