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P ROSPECTS FOR THE TELECOMMUNICATION SECTOR UNDER SAFTA 171<br />
India’s telecom renaissance has been remarkable.<br />
After 44 years of government monopoly, market<br />
liberalisation introduced in 1991 has led to a 10-fold<br />
increase in the number of phones in just 15 years. India’s<br />
network is one of the largest in the world and, after<br />
the People’s Republic of China, second largest among<br />
emerging economies. Given the persistent low telephone<br />
penetration rate compared to industrialised countries,<br />
but high levels of overall economic growth, the telecom<br />
sector offers vast potential. The mobile market recently<br />
topped 200 mn customers. It is therefore not surprising<br />
that India is one of the fastest growing telecom markets<br />
with an average annual growth of about 22% for basic<br />
telephony and over 100% for cellular and Internet<br />
services.<br />
Recognising that the telecom sector is one of the<br />
prime-movers of economy, the Government’s regulatory<br />
and policy initiatives have been directed toward establishing<br />
a world-class telecommunications infrastructure.<br />
Capital requirements are considerable. India requires<br />
investments of at least $69 bn by 2010. India’s telecommunications<br />
sector is now among the most<br />
deregulated in the world and presents potentially<br />
lucrative opportunities for service providers and<br />
equipment vendors alike. Companies that have successfully<br />
seized the opportunity are Agilent, AT&T Cisco,<br />
HP, Hughes Network Systems, Lucent Technologies,<br />
MCI Motorola, Qualcomm, Sprint and Tekelec.<br />
Table 15.4 Key Telecom Indicators for India<br />
Population * 1110<br />
Fixed lines * 51<br />
Fixed teledensity 5%<br />
Mobile phones * 220<br />
Mobile density 20%<br />
* million<br />
Source: www.trai.gov.in<br />
Comparison of the applicable regime described<br />
above and the commitments made by India (1997)<br />
reflect the limited nature of the commitments made by<br />
India (See Appendix Table 15.4). India undertook the<br />
following commitments in 1997:<br />
• For voice telephony<br />
– there will be of one operator other than DOT/<br />
MTNL in each service area for a period of 10<br />
years after which the position will be reviewed<br />
– The private operator should be a company<br />
registered in India in which total foreign equity<br />
must not exceed 25%<br />
– The service operator will be permitted to provide<br />
long distance service within the licensed service<br />
area only<br />
– Resale of voice telephony will not be permitted,<br />
but licensees can grant franchises for providing<br />
public call offices service<br />
– In the case of foreign investors having prior<br />
collaboration in that specific service sector in<br />
India, FIPB approval would be required.<br />
• For circuit-switched data transmission services<br />
• For facsimile services<br />
• For private leased circuit services<br />
– The private operator should be a company<br />
registered in India in which total foreign equity<br />
must not exceed 25%<br />
– The service operator will be permitted to<br />
provide long distance service within the licensed<br />
service area only<br />
– In the case of foreign investors having prior<br />
collaboration in that specific service sector in<br />
India, FIPB approval would be required.<br />
• For cellular mobile telephony<br />
– There will be two cellular operators in each<br />
service area, including one public sector<br />
operator<br />
– The private operator should be a company<br />
registered in India in which total foreign equity<br />
must not exceed 25%<br />
– The service operator will be permitted to<br />
provide long distance service within the licensed<br />
service area only.<br />
• Has MFN exemptions with regard to accounting<br />
rates.<br />
• Additional commitments taken are as follows:<br />
Commitment to a revised text (i.e. revised by India<br />
for its purpose) of the reference paper for regulatory<br />
framework. This revised text either deletes some<br />
provisions from the reference paper or alters it to<br />
clarify India’s commitment. Appendix Table 15.4<br />
compares the relevant text of the reference paper<br />
and the commitment made with respect to those<br />
provisions by India.<br />
Compared to the commitments made by India in<br />
the last round, the current offer (2005) covers new<br />
areas. The restriction that only licensed voice telephony<br />
service providers can provide data, facsimile and private<br />
leased circuits has been dropped from India’s list of<br />
offer, as has been the constraint to deploy only GSM<br />
technology for cellular mobile service provision. India<br />
has thus offered to maintain technology neutrality in