Telecommunication in India

Indian telecommunications network, with over 190 million connections, is the third largest in the world. As on December 2006, 65% of telephones are provided by private sector and 79% are mobile phones. The overall teledensity in India is 16.8%.
Currently, there are two types of regulators. The Telecom Commission is authorized with functions such as formulation of telecommunication policy, review of performance, licensing of telecommunications servives, wireless spectrum management etc., whereas the Telecom Regulatory Authority of India is authorized to perform functions such as recommendation of the terms and conditions of licence to a service provider, ensuring compliance of terms and conditions of licence etc
FDI up to 100% is permitted, subject to sectoral requirement, through automatic route for the manufacture of telecom equipments. FDI upto 100% is also permitted, subject to certain conditions, in ISP without gateway, infrastructure provider providing dark fibre, electronic mail and voice mail. However, approval of FIPB is required for FDI beyond 49%. FDI up to 74% is permitted in Telecommunication Basic, Cellular, Unified Access Services, National/ International Long distance, V-Sat, Public Mobile Radio Trunked Services, Global Mobile Personal Communications Services and other value added services. However, approval of FIPB is required for FDI beyond 49%. Important sectoral laws include Indian Telegraph Act 1885, Indian Wireless Act 1933, Information Technology Act 2000, Telecom Regulatory Authority of India (TRAI) Act 1997 and Cable Television Networks (Regulation) Act, 1995.

CLG Telecommunication Practice

CLG has been advising clients on various legal and regulatory issues relating to the telecommunication sector.