New National Telecom Policy (NTP) 2011 Of India

Telecom Policy of India is one of the most important Policies of India. For some strange reason, the Telecom Policy of India was poorly drafted and badly implemented. Naturally, there were many “Loopholes” that gave rise to scams, bad policy decisions, financial losses to Governmental exchequer, poor consumer performances and so on.

That is a thing of past as Government of India is now planning to introduce the new National Telecom Policy (NTP) of India 2011. Although the intentions are good yet the actual execution and implementation of this intention is missing. Further, the efforts of Indian Government in general and Ministry of Communication and Information technology (MCIT) in particular are “Vague” and “Non Holistic”.

There are various “Crucial Components” of any sound, effective and robust Telecom Policy. These include, issues pertaining to Encryption, Telecom Security, wider Broadband Penetration, Telecom Equipment Security, E-Surveillance and Phone Tapping Policies, Lawful Interceptions and Eavesdropping Policies, Harmonisation of National Security and Civil liberties, etc.

I have labeled the present efforts of Indian Government and MCIT as vague and non holistic because these components must be an “Essential and Integral Part” of the proposed Indian National Telecom Policy (NTP) 2011. However, instead of being a “Composite Telecom Policy” the proposed Policy is not even considering these aspects “Singularly” and “Individually”. In short, these components are “Missing” from the proposed Telecom Policy of India.

This would again produce a Policy Document that would be “Open and Prone” to many sorts of Irregularities and Misuses. Consumer and Telecom Companies Disputes, Privacy Violations cases, Civil Liberties Violations, etc may also arise in future.

Fortunately, till now the new Telecom Policy of India 2011 has not been formulated and implemented. The concerns and suggestions mentioned above can still be incorporated in the same by MCIT Minister Kapil Sibal and Government of India.

Telecom Equipments Must Be Certified By TEC In India Before Use

Till now the telecom equipments imports norms of India are not clear. This is the main reason that has been preventing a timely deployment of imported telecom hardware in India. India has been waiting for long for a certification system for its imported telecom gears and equipments.

Now it has been made clear by India that all telecoms equipments must be mandatorily mandatory certification by the Telecom Engineering Centre (TEC) before deployment in communication networks across India.

However, without a proper legal framework and appropriate telecom policy, this step would not be fruitful. This may be the reason why department of telecommunication (DoT) is planning to amend the Indian Telegraph Rules to include detailed modalities for such mandatory testing and certification.

The onus will be on any original equipment maker (OEM) in the telecoms space to get its products certified before selling them in India. Testing shall be carried out by the Telegraph Authority or any other designated agency on payment of a prescribed fee. A suitable test certificate will be issued to the OEM if it complies with all parameters of testing and certification.

An internal department panel which is drafting the detailed norms for mandatory testing of telecoms gear is slated to submit its recommendations to the Telecom Commission by June 15. The seven-member panel largely comprises senior officials of the TEC, which is the department's technical wing.

The Telegraph Authority will also have the powers to issue show cause notices to telcos using uncertified gear and OEMs selling such equipment. Under the amended Indian Telegraph Rules, it will also have powers to confiscate telecom equipment that hasn't been tested or certified. In the event, an errant OEM fails to complete certification formalities even 180 days after being issued a show cause notice, the designated authority may confiscate such uncertified telecom equipment.

This would eliminate the fears of intelligence agencies of India that have been raising concerns for long for embedded malware in imported telecom hardware. However, nothing is better than a telecom security policy of India that is still missing.