India's Telecom Reform - Indian Institute of Public Administration
India's Telecom Reform - Indian Institute of Public Administration
India's Telecom Reform - Indian Institute of Public Administration
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India’s s <strong>Telecom</strong> <strong>Reform</strong>:<br />
m:<br />
A Chronological Account<br />
Mahesh Uppal with S.K.N. Nair and C.S. Rao<br />
Series Editors:<br />
Aasha Kapur Mehta, Pradeep Sharma<br />
Sujata Singh, R.K.Tiwari<br />
2006
Economic <strong>Reform</strong>s in India: Pro-poor Dimensions
Table <strong>of</strong> Contents<br />
1<br />
2<br />
3<br />
4<br />
5<br />
Introduction 1<br />
Key Regulatory Issues 7<br />
Conclusion 15<br />
Epilogue 16<br />
Appendices 19<br />
References 35
Economic <strong>Reform</strong>s in India: Pro-poor Dimensions<br />
LIST OF ACRONYMS<br />
ADC<br />
Access Deficit Charge<br />
IP<br />
Telephony: Internet Protocol Telephony<br />
BICP<br />
Bureau <strong>of</strong> Industrial Costs and Prices<br />
ISP<br />
Internet Service Provider<br />
BSNL<br />
Bharat Sanchar Nigam Ltd<br />
IUC<br />
Interconnection Usage Charges<br />
CA<br />
Certifying Authorities<br />
MOC<br />
Ministry <strong>of</strong> Communications<br />
CCA<br />
CDMA<br />
CdoT<br />
COAI<br />
CMSP<br />
CPP<br />
DEL<br />
DoT<br />
DTS<br />
FDI<br />
FICCI<br />
GMPCS<br />
Controller <strong>of</strong> Certification Authority<br />
Code Division Multiple Access<br />
Centre for Development <strong>of</strong> Telematics<br />
Cellular Operators Association 0f India<br />
Cellular Mobile Service Providers<br />
Calling Party Pays<br />
Direct Exchange Line<br />
Department <strong>of</strong> <strong>Telecom</strong>munications<br />
Department <strong>of</strong> <strong>Telecom</strong>munication Services<br />
Foreign Direct Investment<br />
Federation <strong>of</strong> <strong>Indian</strong> Chambers <strong>of</strong><br />
Commerce and Industry<br />
Global Mobile Personal Communication<br />
by Satellite<br />
MOCIT<br />
MTNL<br />
NFAP<br />
NLDS<br />
NTP<br />
PCO<br />
PSTN<br />
RIO<br />
SDCA<br />
SSA<br />
TDSAT<br />
TRAI<br />
Ministry <strong>of</strong> Communication and Information<br />
Technology<br />
Mahanagar Telephone Nigam Ltd<br />
National Frequency Allocation Plan<br />
National Long Distance Service<br />
National <strong>Telecom</strong> Policy<br />
<strong>Public</strong> Call Office<br />
Pubic Switching <strong>Telecom</strong> Network<br />
Reference Interconnect Offer<br />
Short Distance Charging Areas<br />
Secondary Switching Area<br />
<strong>Telecom</strong> Dispute Settlement Appellate<br />
Tribunal<br />
<strong>Telecom</strong> Regulatory Authority <strong>of</strong> India<br />
GSM<br />
Global System for Mobile Communications<br />
UASL<br />
Unified Access Service Licence<br />
GOT-IT<br />
Group on <strong>Telecom</strong> and IT Convergence<br />
USOF<br />
Universal Service Obligation Fund<br />
HFCL<br />
Himachal Futuristic Commmunications<br />
Limited<br />
VSNL<br />
WLL<br />
Videsh Sanchar Nigam Ltd.<br />
Wireless in Local Loop<br />
ICICI<br />
Industrial Credit and Investment Corporation<br />
<strong>of</strong> India<br />
WLL(M)<br />
Wireless in Local Loop relating to “Limited<br />
Mobility”<br />
ICT<br />
Information and Communication Technology<br />
WPC<br />
Wireless Planning and Coordination<br />
ILD<br />
International Long Distance<br />
WTO<br />
World Trade Organisation
India’s s <strong>Telecom</strong> <strong>Reform</strong>:<br />
m:<br />
A Chronological Account<br />
Mahesh Uppal with S.K.N. Nair and C.S. Rao 1<br />
1<br />
Introduction<br />
The telecom sector occupies a special area <strong>of</strong> interest for<br />
students and analysts <strong>of</strong> India’s economic reforms, because<br />
<strong>of</strong> the lead role it played in drawing private investment,<br />
the institutional changes that the process involved<br />
and the dramatic results achieved in terms <strong>of</strong> availability<br />
and access. A chronological recording <strong>of</strong> India’s telecom<br />
reforms is invaluable for a complete understanding <strong>of</strong> the<br />
tortuous reforms process and the clash <strong>of</strong> interests among<br />
existing and new participants and mid-course policy corrections.<br />
By end 2003, positive trends resulting from the reforms,<br />
like accelerated growth in penetration levels and fall in tariffs,<br />
were already in evidence (see Tables 1 to 6). The level<br />
<strong>of</strong> telephone penetration, which was less than half <strong>of</strong> one<br />
percent in 1991, had increased to about 4 per 100 <strong>of</strong> population<br />
in terms <strong>of</strong> fixed line phones. (This growth index<br />
has crossed 10, taking both fixed and mobile phone subscribers<br />
into account). However, the sharp increase in subscriber<br />
numbers is concentrated in the urban areas. The<br />
rural subscriber base has grown at a much slower rate as<br />
compared to the urban and seems virtually stagnant when<br />
the two are compared. Thus, while the urban poor have<br />
seen vast improvements – in availability as well as<br />
affordability - the rural populations have seen little <strong>of</strong> the<br />
beneficial effects <strong>of</strong> competition<br />
The Universal Service Obligation Fund – into which telephony<br />
operators pay a universal service levy - was set up<br />
in 2002 to address this urban-rural “digital divide” by providing<br />
subsidies to operators for expanding access to phones<br />
and Internet in rural areas. The Fund has had mixed success<br />
and is largely unutilised, thus highlighting the complexity<br />
<strong>of</strong> running such subsidy schemes. A strong plea to<br />
review its approach has recently been made by the regulator,<br />
who has argued that a more cost effective approach<br />
for the USOF would be to move from its current focus<br />
on fixed telephone lines to fund shared wireless infrastruc-<br />
1<br />
This study was conducted as part <strong>of</strong> the UNDP funded ‘economic reforms’ programme under which the NCAER Centre for Infrastructure and<br />
Regulation has been set up. Dr. Mahesh Uppal authored the main body <strong>of</strong> the report. The chronology and statistical tables accompanying it were<br />
compiled under his supervision. He was assisted by Ms. Ramneet Goswami, Research Associate, NCAER Centre for Infrastructure and Regulation.<br />
The introductory and concluding sections <strong>of</strong> the Report are contributed by S.K.N. Nair, Adviser, NCAER. Ms. Nandini Acharya, Research Associate<br />
assisted with data and verification. The note on ‘Information Communication Technology and Poverty Alleviation’ in Appendix II was written by Dr.<br />
Ch. Sambasiva Rao, Associate Fellow, NCAER. The views expressed in this paper are those <strong>of</strong> the authors and do not necessarily reflect the views<br />
<strong>of</strong> GOI, UNDP or IIPA.<br />
1
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
ture. Time will tell if the new approach will be followed<br />
and if it can deliver to the rural poor the benefits that the<br />
urban poor have begun to enjoy, thanks to policy reforms<br />
undertaken in the sector.<br />
There is also a renewed effort from players other than<br />
telecommunications operators in rural telecommunications<br />
space. A growing list <strong>of</strong> technology innovators<br />
and entrepreneurs has been active in testing<br />
new ICT services and business models to serve rural<br />
populations. Many <strong>of</strong> these efforts now form a part<br />
<strong>of</strong> Mission 2007, a vision <strong>of</strong> Pr<strong>of</strong>essor M.S.<br />
Swaminathan, to establish knowledge centres in all<br />
villages by August 2007. Some <strong>of</strong> these efforts are<br />
highlighted in the Appendix by Ch. Sambasiva Rao,<br />
attached to this report. Many <strong>of</strong> these initiatives<br />
would require policy and regulatory support, especially<br />
when the models are sought to be scaled up<br />
from their “pilot phases”. It will be interesting to see<br />
the degree to which such efforts succeed.<br />
The <strong>Telecom</strong> Policy Evolution: A<br />
Background<br />
India’s telecommunications reform programme has been<br />
underway since the late 1980s when the government’s<br />
monopoly in manufacturing telecom equipment was discontinued.<br />
However, the more substantive reform was the<br />
progressive deregulation <strong>of</strong> the services sector, from a situation<br />
where the Government <strong>of</strong> India’s Department <strong>of</strong><br />
<strong>Telecom</strong>munications (DoT) was the policy maker, operator<br />
and regulator, all in one. DoT’s success in this role was<br />
mixed. The network grew significantly, but in comparison<br />
to most countries, India remained far behind with long<br />
waiting lists and poor service quality.<br />
Early attempts to reform the services were modest, with<br />
the opening <strong>of</strong> some value-added services such as electronic<br />
mail, audio-text, etc., to private sector players. This<br />
was followed by an attempt to allow private sector players<br />
to enter the mobile service sector. This exercise, and<br />
the litigation that ensued, reflected the first signs <strong>of</strong> the<br />
challenge that lay in ad hoc changes to telecom policy without<br />
a clear regulatory framework.<br />
In 1994, the Government <strong>of</strong> India announced the National<br />
<strong>Telecom</strong> Policy (NTP), which defined certain important<br />
objectives, including availability <strong>of</strong> telephones on<br />
demand, the provision <strong>of</strong> world-class services at reasonable<br />
prices, ensuring India’s emergence as a major manufacturing/export<br />
base for telecom equipment and universal<br />
availability <strong>of</strong> basic telecom services to all villages. It<br />
also announced a series <strong>of</strong> specific targets to be achieved<br />
by 1997. Against the NTP 1994 target <strong>of</strong> the provision <strong>of</strong><br />
one PCO per 500 urban population and coverage <strong>of</strong> all<br />
600,000 villages, DoT has achieved an urban PCO penetration<br />
<strong>of</strong> one PCO per 522 persons, and has been able<br />
to provide telephone coverage to only 310,000 villages. As<br />
regards provision <strong>of</strong> total telephone lines in the country,<br />
DoT has provided 8.73 million telephone lines against the<br />
Eighth Plan target <strong>of</strong> 7.5 million lines.<br />
NTP 1994 also recognised that the required resources for<br />
achieving these targets would not be available only from<br />
government sources and concluded that private investment<br />
and private sector involvement were required to bridge<br />
the resource gap. The government invited private sector<br />
participation in a phased manner from the early nineties,<br />
initially for value added services such as paging services<br />
and Cellular Mobile Telephone Services (CMTS) and thereafter<br />
for Fixed Telephone Services (FTS). After a competitive<br />
bidding process, licenses were awarded to eight<br />
CMTS operators in the four metros, 14 CMTS operators<br />
in 18 state Circles, six BTS operators in six state Circles<br />
and paging operators in 27 cities and 18 state Circles. VSAT<br />
services were liberalised for providing data services to closed<br />
user groups. Licenses were issued to 14 operators in the<br />
private sector, out <strong>of</strong> which only nine licensees are operational.<br />
The government has recently announced a policy<br />
for Internet Service Provision (ISP) by private operators<br />
and has commenced licensing <strong>of</strong> the same. The government<br />
has also announced the opening up <strong>of</strong> Global Mobile<br />
Personal Communications by Satellite (GMPCS) and<br />
issued one provisional license. The issue <strong>of</strong> licenses to other<br />
prospective GMPCS operators is under consideration.<br />
2
Introduction<br />
The policy document set the stage for auctioning telecom<br />
licenses in India.<br />
In an interesting twist, it was decided that government<br />
operators, or other entities owned by the government e.g.,<br />
public sector undertakings such as ITIs, would not be allowed<br />
to bid for telecom licenses. The then Minister for<br />
Communications argued that government resources<br />
needed to be augmented by private investments and <strong>Public</strong><br />
Sector Undertakings (PSUs) bidding for licenses would<br />
defeat the goal.<br />
However, since government operators already ran fixed<br />
line services, the bar on their bidding for licenses would<br />
essentially exclude them from providing mobile services.<br />
The auctions for telecom licenses, both fixed and mobile,<br />
were held in early January 1995. The bidding unit was the<br />
telecom Circle. This is the unit in which DoT’s own operations<br />
are run and is typically the size <strong>of</strong> a federal state.<br />
Metro areas, for which the process <strong>of</strong> awarding mobile<br />
licenses had already been completed weeks before, after<br />
protracted litigation, were excluded. The use <strong>of</strong> the Global<br />
System for Mobile Communications (GSM) standard<br />
was mandatory for all cellular licensees. (This was reiterated<br />
to some companies who had expressed an interest in<br />
using Code Division Multiple Access (CDMA) to provide<br />
mobile services.)<br />
Circles were <strong>of</strong> three types. Type A Circles were considered<br />
most attractive commercially and Type C the least<br />
so 2 . Virtually all <strong>Indian</strong> companies, in partnership with an<br />
array <strong>of</strong> blue chip as well as smaller international companies,<br />
participated in the auctions.<br />
The winner in these auctions was the small equipment<br />
manufacturer Himachal Futuristic Company Limited<br />
(HFCL), in partnership with Bezeq, an Israeli government<br />
controlled company. It won nine licenses for its bids totalling<br />
Rs. 85,000 crores.<br />
Soon after the results <strong>of</strong> the bids were announced, the<br />
government announced that it had decided to invoke the<br />
provision in the tender documents that gave the government<br />
the right to limit or “cap” the number <strong>of</strong> licenses. It<br />
announced that no company would be allowed to retain<br />
more than three licenses for the Type A Circles, which were<br />
considered to have the maximum commercial potential.<br />
This meant HFCL would have to forgo all but three <strong>of</strong> its<br />
A-Circle licenses. In effect, it also bailed HFCL out from<br />
having to pay the huge amounts it had bid and not having<br />
to be bound by the bids, which to some, were beyond the<br />
company’s resources.<br />
There were several allegations and counter-allegations relating<br />
to the post-auction decision to cap the number <strong>of</strong><br />
licenses a company would be awarded. It brought parliamentary<br />
proceedings to a standstill in December 1995.<br />
Members demanded that the Minister for Communications<br />
be sacked for his attempts to benefit a particular company<br />
and for causing losses to the exchequer as a result <strong>of</strong><br />
the forgoing <strong>of</strong> the license fees as a consequence <strong>of</strong> the his<br />
actions.<br />
The decision to limit A-Circle licenses was not the only post<br />
facto decision taken. The government also announced that<br />
some <strong>of</strong> the license fees bid by players were below its<br />
“reserve price” for them. This meant that most <strong>of</strong> the<br />
other bids, including the very low ones by Reliance for<br />
many C-Circles and many by others for A and B Circles,<br />
were unacceptable.<br />
In 1996 a total <strong>of</strong> six fixed line licenses were “won” after<br />
several rounds. However, for mobile licenses, most Circles<br />
except Jammu and Kashmir, Andaman & Nicobar Islands<br />
and parts <strong>of</strong> West Bengal and Orissa could attract winning<br />
bids.<br />
The earliest telecom services run by the private sector were<br />
mobile. Cellular services started in all four metros in August<br />
1995. The process <strong>of</strong> selecting operators for these<br />
services was started in 1992 and was later challenged in the<br />
courts on the grounds <strong>of</strong> not being transparent. In a landmark<br />
decision, the Supreme Court had ruled in late 1994,<br />
that the government was within its rights to employ hidden<br />
criteria to evaluate applicants for licenses as long as the<br />
criteria themselves were fair.<br />
2<br />
see Appendix III for a listing <strong>of</strong> the Circles by these categories<br />
3
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
By early 1997, virtually all private cellular licensees had begun<br />
operations. Basic services, with only six licensees, were<br />
slow to begin and were able to start operations only in<br />
1999, because <strong>of</strong> delays and uncertainties occasioned by<br />
disputes on licensing terms.<br />
The High Court directed the matter be moved to the <strong>Telecom</strong><br />
Regulatory Authority <strong>of</strong> India (TRAI), which had been set up<br />
in early 1997. TRAI quashed the impugned order <strong>of</strong> the DoT.<br />
In the proceedings before TRAI, the main argument <strong>of</strong>fered<br />
by DoT, which had only weeks ago helped set up TRAI, was<br />
that the latter had overstepped its jurisdiction. This was to<br />
become a pattern in its dealings with TRAI.<br />
The situation was repeated a few months later. The Mahanagar<br />
Telephone Nigam Ltd. (MTNL) announced its plans to start<br />
mobile services in October <strong>of</strong> the same year and barely a<br />
year after new private players had entered the mobile market,<br />
following the auctions for cellular licenses, which forbade the<br />
public sector to bid. MTNL and the government argued that<br />
license documents had expressly retained the government’s<br />
right to enter the mobile centre.<br />
Cellular Operators Association <strong>of</strong> India (COAI) moved<br />
TRAI to challenge MTNL’s right to provide cellular services<br />
on the grounds that its members were promised<br />
duopoly rights.<br />
TRAI in its judgement in February 1998 agreed that it was<br />
the government’s right to give licenses to operators, but<br />
the body’s recommendations on need and timing were<br />
required, before MTNL could be allowed to enter the<br />
mobile market. MTNL’s license or its terms were unavailable.<br />
TRAI refused to allow MTNL to provide mobile<br />
service. Again, the government argued that TRAI had no<br />
jurisdiction on the matter and moved the High Court.<br />
A new set <strong>of</strong> issues emerged after private sector operations<br />
began in full swing. The operators faced huge costs.<br />
In particular, the investments required to set up infrastructure<br />
were huge, as were the license fees bid by operators.<br />
The entry costs for customers to use the service were low,<br />
but charges paid by users to make and receive calls, were<br />
prohibitive. The operator estimates for minutes <strong>of</strong> usage<br />
were wrong. The revenues from the services were nowhere<br />
close to meeting license fee commitments that the prospective<br />
operators had bid.<br />
Defaults in license fee payments began soon after the initial<br />
payments required for obtaining the licenses were made.<br />
Virtually every company defaulted in its payments. In some<br />
cases, the operators obtained permission from DoT to<br />
delay pending payments.<br />
Some failures <strong>of</strong> the government too compounded the<br />
operators’ worries. There were frequent and long delays in<br />
providing clearances and permissions for radio frequencies<br />
and rights <strong>of</strong> way that are so critical for setting up<br />
infrastructure. Operators claimed that these delays wrecked<br />
their business plans.<br />
The licenses for Internet Service Providers (ISP) seemed<br />
to upset the basic operators. The license conditions envisaged<br />
a fee <strong>of</strong> one rupee for becoming an ISP and permitted<br />
ISPs to set up infrastructure to provide last mile access<br />
to the subscriber if none existed. Basic service operators<br />
argued that the ISP license infringed their exclusive right to<br />
set up fixed infrastructure.<br />
The operators approached the government and courts for<br />
relief.<br />
The operators asked the government to compensate them<br />
for losses that they said were the result <strong>of</strong> the government’s<br />
decisions. The operators proposed moving from the license<br />
fee regime (that in this case meant paying fees they had themselves<br />
bid) to a revenue sharing regime where an agreed share<br />
<strong>of</strong> all revenues could be given to the government.<br />
In the courts, private basic telecom operators sought to<br />
persuade the courts that the breach <strong>of</strong> their rights by ISP<br />
licenses had undermined their businesses and made them<br />
unviable and led to default in license fee payments. Cellular<br />
operators, on the other hand, argued that the delays by the<br />
government had made their businesses unviable. Both sets<br />
<strong>of</strong> service providers claimed substantive damages.<br />
4
Introduction<br />
In 1998, there was bitter litigation between the government<br />
and private operators. A veritable who’s who <strong>of</strong> <strong>Indian</strong><br />
legal luminaries argued telecom cases in the Delhi High<br />
Court . The government stand was upheld in the case <strong>of</strong><br />
MTNL’s entry as well as in the claims <strong>of</strong> damages lodged<br />
by the private operators.<br />
Meanwhile, the government had asked two agencies, in<br />
quick succession, to report on industry issues. First, ICICI<br />
was to examine the industry’s performance and report on<br />
the need for a license extension for cellular services. Second,<br />
the Bureau <strong>of</strong> Industrial Costs and Prices (BICP) was<br />
asked to review the viability <strong>of</strong> private cellular operations.<br />
Both accepted that the industry faced problems and government<br />
support was required. ICICI said a 10-year license<br />
was unattractive for operators and lenders; and recommended<br />
an extension <strong>of</strong> the license period to 15 years.<br />
The BICP report was never made public, but is said to<br />
have accepted the operators’ case about delays. However,<br />
it is said that the report did not totally support the private<br />
operators’ demands.<br />
The new Minister <strong>of</strong> Communications took <strong>of</strong>fice in 1998.<br />
He made no secret <strong>of</strong> his scepticism relating to the operators’<br />
pleas for relief from pending license fee payments.<br />
He sent letters to all license fee defaulters in January 1999<br />
asking them to pay 20 percent <strong>of</strong> their outstanding license<br />
fee payments and to securitise the balance 80 percent dues<br />
by February 15, 1999 or face punitive action. This deadline<br />
was later extended to February 28, 1999.<br />
TRAI also faced familiar challenges in 1999, when it ruled<br />
that cellular service rentals must rise by 200 percent, but<br />
tariffs for mobile calls must fall to less than half <strong>of</strong> their<br />
price <strong>of</strong> Rs. 16.80 per minute. This was necessary for the<br />
viability and affordability <strong>of</strong> cellular services. In the same<br />
tariff order, TRAI also announced the move to a system<br />
<strong>of</strong> charging where the originator alone paid for the call<br />
(the so called Calling Party Pays or CPP regime). In India<br />
and a few other countries, the system in place required<br />
both, originating and receiving parties to pay.<br />
The government, basic operators (whose subscribers would<br />
now pay more to contact mobile users) and some consumer<br />
agencies again challenged TRAI’s authority to deal with this<br />
issue. They argued that CPP dealt with interconnection revenue<br />
sharing that formed a part <strong>of</strong> the license agreement.<br />
TRAI had no jurisdiction over this. TRAI lost again.<br />
By late 1999, the courts’ decisions raised serious concerns<br />
about the role and powers <strong>of</strong> TRAI. In particular its ability<br />
to ensure fair play in the market place was seriously in<br />
question if it was not to be able to intervene in decisions<br />
on who played in the field and by what rules. The successful<br />
challenge to the CPP regime was also a sign that TRAI<br />
lacked the powers to enforce technically adequate and fair<br />
priced interconnection to all players in the telecom market,<br />
arguably, the most important function regulators carry out.<br />
In response to concerns <strong>of</strong> private operators and investors<br />
about the viability <strong>of</strong> their businesses, a high powered<br />
government committee led by Deputy Chairman, Planning<br />
Commission was announced by the Prime Minister in<br />
late 1998. The committee was asked to make recommendations<br />
for a new telecom policy and for resolving issues<br />
facing basic and cellular operators.<br />
The government group prepared a draft National <strong>Telecom</strong><br />
Policy in early 1999. The policy draft sought to address<br />
many <strong>of</strong> these concerns. In a move unprecedented for<br />
government processes in the sector, more reminiscent <strong>of</strong><br />
TRAI consultative processes, the document was made available<br />
on the Internet for wider feedback on the proposals.<br />
The Prime Minister took charge <strong>of</strong> the Ministry <strong>of</strong> Communications<br />
in August 1999. A formal announcement <strong>of</strong><br />
the New National <strong>Telecom</strong> Policy (NTP-99) was made in<br />
April 1999. The move to a revenue sharing regime from<br />
the license fee commitments made by operators was now<br />
<strong>of</strong>ficial. Unlimited competition would be allowed in all<br />
services except those, like mobiles, which were dependent<br />
on spectrum availability. Technology restrictions were lifted.<br />
The controversy over BSNL/MTNL’s entry in cellular services<br />
ended by the document specifying that government<br />
5
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
operators would be the third mobile operators in their<br />
areas <strong>of</strong> operation, which then could have only two private<br />
players each. The regulator would be strengthened. In<br />
addition, NTP-99 proposed the setting up <strong>of</strong> a USOF to<br />
support services in rural and other remote areas.<br />
Following the announcement <strong>of</strong> the NTP-99, the government<br />
issued the so-called “migration package”, which laid<br />
out the terms and conditions to be met by operators wishing<br />
to move from the license fee regime to a revenue sharing<br />
agreement with the government. The package envisaged<br />
that any operator could move to the new regime on the<br />
payment <strong>of</strong> an entry fee, which would be equal to the<br />
dues that would have been payable by the operators until<br />
31 st July 1999. The percentage <strong>of</strong> revenues to be shared<br />
with the government would be decided later. The operators<br />
would accept unlimited competition. Importantly, they<br />
would need to unconditionally withdraw all pending litigation<br />
against the government. All migrating operators<br />
would need to lock in their existing share holdings for five<br />
years. Migration to revenue sharing would not be permitted<br />
to either operator if even one <strong>of</strong> the two private operators<br />
providing a service in the Circle did not wish to<br />
migrate. All operators signed up.<br />
The promise in the NTP-99 to strengthen the TRAI was implemented<br />
in a remarkable way. In early 2000 the government<br />
issued an ordinance to amend the TRAI Act 1997. TRAI’s<br />
powers relating to tariffs and interconnection, deemed by<br />
courts to be limited, were restored in full. Even the government<br />
would have no right to overrule TRAI in these two<br />
areas. TRAI was reconstituted with new members. The mandate<br />
to adjudicate disputes between the service providers as<br />
well as between service providers and the government was<br />
taken away from TRAI and handed over to the proposed<br />
new body, the <strong>Telecom</strong> Dispute and Settlement and Appellate<br />
Tribunal (TDSAT). It would no longer be necessary for<br />
the government to refer to the Chief Justice <strong>of</strong> the Supreme<br />
Court <strong>of</strong> India, if the former wished to remove any TRAI<br />
member as long as the member concerned was given an<br />
opportunity to be heard. This last provision was a clear sign<br />
that the government was not comfortable with what it felt<br />
was an overly independent regulator.<br />
NTP-99 had also referred to the government’s intention<br />
to restructure the DoT. In September 1999, we saw the<br />
division <strong>of</strong> DoT into two parts. DoT was responsible for<br />
policy, planning, licensing etc. and the Department <strong>of</strong> <strong>Telecom</strong>munications<br />
Services (DTS) for operations (fixed line<br />
and mobile service providers in India excluding Delhi and<br />
Mumbai). The government also announced a plan to<br />
corporatise DTS so that it functioned as a company. The<br />
<strong>Telecom</strong> Commission is co-ordinating the functions <strong>of</strong><br />
both DoT and DTS in accordance with the administrative<br />
and financial powers vested with it.<br />
Corporatisation came a step closer when DTS was briefly<br />
converted into the Department <strong>of</strong> <strong>Telecom</strong>munications<br />
Operations and then, in October 2000, the Bharat Sanchar<br />
Nigam Limited was formed. The process, contentious for<br />
years, was completed rather swiftly, in part, presumably,<br />
because it was decided, that the powerful engineering staff<br />
<strong>of</strong> DoT would continue to belong to the <strong>Indian</strong> <strong>Telecom</strong><br />
Service cadre and the government would continue to guarantee<br />
their pensions.<br />
6
2<br />
Key Regulatory y Issues<br />
Convergence<br />
The NTP-99 also spoke <strong>of</strong> the convergence <strong>of</strong> communications<br />
technologies and the need to have a policy that<br />
could exploit it advantageously.<br />
On August 11, 2000, the government received the draft<br />
report <strong>of</strong> Sub-Group on Convergence. The group proposed<br />
a Convergence Law and suggested a common regulatory<br />
body for India for content and carriage, i.e., broadcasting<br />
and telecommunications. The report received a<br />
mixed response from sector players and experts. This was<br />
in part, because it did not, as it was perhaps not mandated<br />
to do so, deal with the large number <strong>of</strong> extremely contentious<br />
licensing issues that would result during the move to<br />
a converged policy environment in which carriage and<br />
content would be treated in an integrated manner.<br />
It was surprising to notice the relatively low pr<strong>of</strong>ile manner<br />
in which the Information Technology Act 2000 was<br />
passed. The Act gave legal sanctity to electronic transactions.<br />
It also created the <strong>of</strong>fice <strong>of</strong> Controller <strong>of</strong> Certification<br />
Authority (CCA) to regulate Certifying Authorities (CA)<br />
who would assign digital signatures and other instruments<br />
<strong>of</strong> authentication. The retiring Director <strong>of</strong> DoT’s Centre<br />
for Development <strong>of</strong> Telematics (C-DoT) was appointed<br />
as the first CCA.<br />
The Cabinet approved the Communications Convergence<br />
Bill 2001 drafted by the committee. It also approved the<br />
repeal <strong>of</strong> The <strong>Indian</strong> Telegraph Act 1885, The <strong>Indian</strong> Wire-<br />
less Telegraphy Act 1933, Telegraph Wire Unlawful Possession<br />
Act 1950, The Cable Television Networks (Regulation)<br />
Act 1995 and the <strong>Telecom</strong> Regulatory Authority <strong>of</strong><br />
India Act 1997. The Bill, ambitious in intent, was unprecedented<br />
in leaving no role for the government in licensing.<br />
However, experts criticised it for being too general and<br />
not dealing with transition arrangements as also with issues<br />
relating to economic regulation. (The Bill was introduced<br />
in Parliament and was also reviewed by a Parliamentary<br />
Committee, but lapsed with the dissolution <strong>of</strong> the 13 th<br />
Lok Sabha before it could be made into law).<br />
Related, indirectly at least, to the same issue <strong>of</strong> convergence,<br />
the government announced the merger <strong>of</strong> the Ministry<br />
<strong>of</strong> Information Technology (MoIT) and Ministry <strong>of</strong><br />
Communications (MoC) on December 22, 2001. The new<br />
entity is now called the Ministry <strong>of</strong> Communications and<br />
Information Technology (MoCIT). The merger, much<br />
discussed and debated, brought together MoC and MoIT.<br />
However, the Ministry <strong>of</strong> Information and Broadcasting<br />
was left out <strong>of</strong> this attempt at dealing with the convergence<br />
<strong>of</strong> communications technologies.<br />
Licensing and Regulation Post<br />
NTP-99<br />
Within months <strong>of</strong> the new team <strong>of</strong> members <strong>of</strong> TRAI<br />
taking <strong>of</strong>fice, a series <strong>of</strong> decisions were taken, many <strong>of</strong><br />
which seem to reflect the message, explicit or implicit, about<br />
the events that led to the dissolution <strong>of</strong> the previous body<br />
7
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
and the replacement <strong>of</strong> all but one members <strong>of</strong> the erstwhile<br />
body.<br />
The first instance <strong>of</strong> the new reality was a review by TRAI<br />
<strong>of</strong> the previous body’s recommendation, in late 1999.<br />
TRAI had then asked the government to allow open entry,<br />
in the national and international long distance services on<br />
payment <strong>of</strong> a fixed fee. The review by the new body agreed<br />
with the government view and favoured a limited number<br />
(3) <strong>of</strong> players and auction for these licenses. The new recommendations<br />
were made three months after their taking<br />
<strong>of</strong>fice in February 2000 and reversed those made less than<br />
six months earlier. This was ominous.<br />
A major dent in the credibility <strong>of</strong> a body that had accommodated<br />
the government position was to come just three<br />
months later. The government itself did a somersault on<br />
long distance licensing. In mid July 2000, the Prime Minister<br />
announced a decision that implied that the government<br />
had chosen to accept the dissolved TRAI’s recommendation<br />
on the subject, in toto.<br />
More controversy followed and raised concerns about the<br />
independence <strong>of</strong> the new TRAI. In November <strong>of</strong> its first<br />
year, the body issued a consultation document laying the<br />
grounds for the introduction <strong>of</strong> a limited mobility service<br />
to be provided by basic operators in their Short Distance<br />
Charging Areas (SDCAs) where local call rates apply. The<br />
subject <strong>of</strong> limited mobility, provided using fixed line wireless<br />
infrastructure <strong>of</strong> basic service providers, had come up<br />
about a year earlier. The government had told the regulator<br />
then that it considered such mobile services using a<br />
handset unacceptable, since they would overlap with services<br />
<strong>of</strong> licensed cellular operators.<br />
So there was widespread concern, especially among GSM<br />
cellular operators, when TRAI, in November 2000, issued<br />
a consultation paper on “Policy Issues Relating to Limited<br />
Mobility by use <strong>of</strong> Wireless in Local Loop Techniques in<br />
the Access Network by Basic Service Providers”. The consultation<br />
paper had argued that the limited mobility service<br />
using WLL (F) - WLL (M) for short-distances would<br />
add value to fixed line services and provide cheap mobility<br />
to basic service users at fixed line prices. It argued that<br />
the limited mobility services would have minimal impact<br />
on the cellular mobile services since the products would<br />
cater to different markets i.e., high and low end users.<br />
The commercial opportunities and threats perceived by<br />
basic and mobile operators were obvious. The division<br />
between the two camps, which had fought aggressively<br />
for migration to revenue sharing a few months earlier, was<br />
sudden but bitter.<br />
The TRAI consultation process in Delhi gave hints <strong>of</strong> a<br />
new politicisation <strong>of</strong> the licensing and regulatory process.<br />
The meeting attracted a diverse group that included promoters,<br />
local politicians and lawyers and remained unruly<br />
for most <strong>of</strong> its duration.<br />
The cellular operators protested, as vigorously as basic operators<br />
supported the TRAI thinking on the issue. To the<br />
cellular camp, limited mobility services were unprecedented,<br />
virtually unheard <strong>of</strong> elsewhere and a back-door entry into<br />
their business and that too on the terms and conditions<br />
specified for basic fixed phone services for which the license<br />
fees were a fraction <strong>of</strong> what they had paid. The<br />
basic operators were allowed higher revenue shares from<br />
their long distance calls, since their local call business was<br />
not pr<strong>of</strong>itable. The cellular players were predominantly<br />
dependent on airtime charges for their revenues.<br />
To the basic operators’ camp it was an attempt to block a<br />
technology that allowed them to do more i.e., provide mobile<br />
services, than the fixed phone service they were licensed<br />
to provide. They claimed that the cell players had managed to<br />
block competition in a market that they had postured to keep<br />
to themselves and extracted several concessions, such as the<br />
option to set up mobile public phone services.<br />
Nobody, including the government and TRAI, seemed to<br />
have considered that virtually all basic operators, except<br />
Hughes (which was eventually sold to Tatas) and possibly<br />
HFCL (who had sold most <strong>of</strong> their interests in the Gujarat<br />
mobile license earlier), were also running mobile cellular<br />
businesses. It was a uniquely <strong>Indian</strong> phenomenon.<br />
There were <strong>of</strong> course some pure mobile players such as<br />
Hutch, BPL and a couple <strong>of</strong> smaller ones like RPG, Spice<br />
8
Key Regulatory Issues<br />
who had much to lose from limited mobility. On the other<br />
hand, private basic businesses had failed to take <strong>of</strong>f in any<br />
significant manner and mobility <strong>of</strong>fered a major opportunity<br />
to companies like Reliance who had acquired basic<br />
licenses for almost the whole country post NTP-99. The<br />
dispute was real.<br />
TRAI issued recommendations on issues relating to “Limited<br />
Mobility” through Wireless in Local Loop (WLL). In<br />
the “Access Network by Basic Service Providers” on 8 th<br />
January 2001, weeks after completing a hurried consultation,<br />
TRAI recommended that WLL (M) service by fixed<br />
service providers be permitted and that no additional fee<br />
be charged or tariffs changed.<br />
The government was quick to act on the recommendations.<br />
The guidelines for fixed services, which included limited<br />
mobility services, were issued, complete with application<br />
forms for prospective operators, in a record three<br />
weeks, on 25th January 2001. Such speed was not common<br />
to the decisions generally taken by DoT on other issues.<br />
These guidelines stated inter alia that “Basic Service Operator<br />
shall be allowed to provide mobility to its subscribers<br />
with Wireless Access Systems limited within the local<br />
area i.e., Short Distance Charging Area (SDCA) in which<br />
the subscriber is registered. While deploying such systems,<br />
the operator has to follow the numbering plan <strong>of</strong> that<br />
SDCA and it should not be possible to authenticate and<br />
work with the subscriber terminal equipment in SDCAs<br />
other than in which it is registered. The system shall also be<br />
engineered so as to ensure that hand over <strong>of</strong> subscriber<br />
does not take place from one SDCA to another SDCA<br />
while communicating.”<br />
Cellular operators in particular complained bitterly and alleged<br />
foul play. In response to the controversy following<br />
the TRAI recommendations, the government referred the<br />
issue <strong>of</strong> “limited mobility” to the Group on <strong>Telecom</strong> and<br />
IT Convergence (GOT-IT) for their recommendation in<br />
April 2001. GOT- IT recommendations on WLL limited<br />
mobility were sent to the Prime Minister later that month.<br />
The group found WLL (M) came within the purview <strong>of</strong><br />
NTP-99 and recommended sharing <strong>of</strong> long distance revenues<br />
for WLL (M) to be brought at par with cellular mobile<br />
services. It also recommended that SDCAs be divided into<br />
three sub-categories – rural, semi-urban and urban - and<br />
that each sub-category be covered in equal proportion for<br />
each phase <strong>of</strong> the rollout prescribed, to qualify for allocation<br />
<strong>of</strong> spectrum for WLL (M) services. GOT-IT recommended<br />
that allocation <strong>of</strong> the spectrum be inextricably<br />
linked to performance and that the spectrum already allocated<br />
be forfeited in case <strong>of</strong> failure to meet subsequent<br />
rollout obligations. The group also proposed that existing<br />
fixed operators applying for new licenses give undertakings<br />
as well as performance guarantees to fulfil their obligations<br />
within a defined time frame.<br />
Cellular operators considered GOT-IT’s recommendations<br />
far from acceptable since the group had not conceded<br />
that the services were illegal as GSM mobile operators<br />
insisted they were. However, the recommendations on revenue<br />
sharing for long distance services and rural services in<br />
effect, recognised their regulatory and commercial concerns.<br />
This was something that TRAI had not done. The<br />
GSM operators felt a victory <strong>of</strong> sorts.<br />
The COAI approached TDSAT to challenge the licensing<br />
<strong>of</strong> limited mobility services. After months <strong>of</strong> extended<br />
hearings on 15 th March 2002, TDSAT dismissed the COAI<br />
petition seeking to prohibit fixed service providers from<br />
<strong>of</strong>fering any type <strong>of</strong> mobile services. It ruled that the introduction<br />
<strong>of</strong> WLL (M) services was a policy decision <strong>of</strong><br />
the Government <strong>of</strong> India and was therefore not subject<br />
to review by the Tribunal.<br />
COAI challenged the TDSAT judgement on WLL (M) in<br />
the Supreme Court less than a month later on 11 th April<br />
2002. The Supreme Court gave its judgement in December<br />
that year. While it did not stay the government decision,<br />
it was scathing in its criticism <strong>of</strong> the TDSAT’s failure<br />
to deal with the issues before it. It was persuaded that the<br />
Tribunal had full jurisdiction on the issues raised before it<br />
and had failed to consider them. It accepted that cellular<br />
players concerns about fairplay were real. The apex court<br />
sent the matter back to TDSAT for review with particular<br />
focus, on a level playing field i.e., fair competition aspects<br />
<strong>of</strong> the move to allow limited mobility services.<br />
9
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
In August 2003, TDSAT gave its judgement on the legality<br />
<strong>of</strong> WLL (M) services. Its majority decision, – that <strong>of</strong> two<br />
<strong>of</strong> its administrative members - accepted that the WLL (M)<br />
service was legal, but argued that the government’s decision<br />
to allow it, was taken in unseemly haste. It said TRAI should<br />
have levied additional fees. The minority judgement, that <strong>of</strong><br />
the chairperson <strong>of</strong> TDSAT (and its only judicial member),<br />
said that the WLL (M) service is illegal and suggests important<br />
relevant information was not disclosed to government<br />
committees examining the legality <strong>of</strong> the service and that decisions<br />
were taken for extraneous reasons. Both judgements<br />
had serious concerns about the decision-making processes at<br />
TRAI and by the government. TRAI was given four months<br />
to enforce limited mobility and levy additional fees on players<br />
providing the service.<br />
After the completion <strong>of</strong> arguments and before the TDSAT<br />
judgement <strong>of</strong> August 2003, TRAI floated its hurriedly put<br />
together paper on the unification <strong>of</strong> fixed and mobile licenses.<br />
The unification <strong>of</strong> the two types <strong>of</strong> services is justified<br />
on the ground that the norm, internationally, is to<br />
have convergence <strong>of</strong> all service licenses. On complaints<br />
that TRAI’s approach <strong>of</strong> limiting unification to fixed and<br />
mobile services only, TRAI issued a single page amendment<br />
seeking views on the unification <strong>of</strong> all telecom services.<br />
So, in September 2003, TRAI undertook two parallel, and<br />
seemingly divergent, consultation processes. One open house<br />
sought views on unifying the licenses <strong>of</strong> fixed and mobile<br />
services. A second open house meeting - on the same day in<br />
some cities - was held to seek views on what additional fees<br />
were to be levied for limited mobility services being provided<br />
in the market as the TDSAT had directed TRAI to do.<br />
In October 2003, TRAI gave its recommendations, proposing<br />
an immediate merger <strong>of</strong> fixed and mobile licenses in the<br />
area <strong>of</strong> operations <strong>of</strong> current cellular companies. It recommended<br />
that the government be paid additional fees, equivalent<br />
to the difference between those paid by fixed line and the<br />
fourth cellular licensees awarded. Service areas were to be as<br />
those for erstwhile cellular operators. It recommended that<br />
Reliance must pay a penalty for <strong>of</strong>fering de facto mobile services<br />
through call forwarding arrangements. Full unification,<br />
according to TRAI, is to be achieved in six months.<br />
The government immediately accepted TRAI’s recommendations<br />
and issued guidelines for a new unified access service<br />
license (UASL) in November 2003. All fixed line operators<br />
paid fees for unified licenses shortly thereafter. The<br />
action to enforce the scope <strong>of</strong> licensed limited mobility<br />
services to SDCAs was left in abeyance till the decision to<br />
unify the licenses was taken in November 2003.<br />
The sector seems to have arrived at a kind <strong>of</strong> “peace”<br />
after the government finally <strong>of</strong>fered concessions <strong>of</strong> a two<br />
percent reduction in revenue share payments to the outwitted<br />
cellular operators. The cellular operators have withdrawn<br />
all litigation. The sector is poised for a new phase<br />
<strong>of</strong> growth and possibly less litigation in the coming months.<br />
The route to this stage though, has been controversial.<br />
Universal Service Obligation Fund<br />
NTP-99 had mooted the setting up <strong>of</strong> a Universal Service<br />
Obligation Fund (USOF), to support rural services which,<br />
in view <strong>of</strong> their high costs and perceived low revenue<br />
potential had difficulty in attracting investments. The proposal<br />
was to impose a levy on major telecom service providers<br />
and for the proceeds to go to a USOF.<br />
TRAI’s consultation paper on the arrangements for setting up<br />
and deploying the fund was released in July 2000. The TRAI<br />
recommendations <strong>of</strong> 3 rd October 2001 had proposed a<br />
“proxy model” approach where the government or the regulator<br />
would essentially compute costs. When DoT issued its<br />
guidelines on Universal Service Obligation (USO) on 27 th<br />
March, 2002 and announced the creation <strong>of</strong> the USOF starting<br />
1 st April 2002, this model was rejected. The Fund is implementing<br />
an approach which determines service costs through<br />
a “negative auction”; bids are invited for the minimum subsidy<br />
and the selected operator would be required to provide<br />
services in an area considered to be “net cost positive” i.e.,<br />
commercially unviable.<br />
It is useful to summarise the USO guidelines according to<br />
which:<br />
i) “The funds created by the Universal Service Levy shall<br />
be spent in rural and remote areas on both the public<br />
10
Key Regulatory Issues<br />
access telephones or community telephones meant for<br />
public use and individual household telephones in net<br />
high-cost rural/ remote areas.<br />
ii) The support from USOF will be provided to meet<br />
net cost (i.e., cost minus revenue) <strong>of</strong> providing the<br />
universal service.”<br />
Uncharacteristically, it was the government, and not the<br />
economic regulator, TRAI, that chose the approach <strong>of</strong><br />
allowing the market to determine the most efficient cost<br />
for delivering a service. Rakesh Mohan, a part-time member<br />
<strong>of</strong> the then TRAI had written a dissenting note in TRAI’s<br />
recommendations on the subject.<br />
The retiring Secretary <strong>of</strong> the Department <strong>of</strong> <strong>Telecom</strong>munications<br />
was appointed the USOF’s first administrator.<br />
The resources <strong>of</strong> the fund come from a fixed levy, currently<br />
five percent, mainly from operators <strong>of</strong> fixed, mobile<br />
communications services. The fund is now operative.<br />
An amendment to the <strong>Indian</strong> Telegraph Act 1885 was<br />
cleared by Parliament in December 2003, to allow funds<br />
received under universal obligation to remain with the<br />
USOF and not revert to the Consolidated Fund <strong>of</strong> India,<br />
as unutilised budgeted funds would ordinarily do in governmental<br />
organisations.<br />
Interconnection<br />
Interconnection is one <strong>of</strong> the most problematic areas in an<br />
environment with multiple operators competing with each<br />
other. There is broad consensus in international regulatory<br />
circles that new operators must be provided interconnection<br />
to an existing network at a price, which is cost based<br />
and is provided in a timely fashion. In India, interconnection<br />
was a part <strong>of</strong> the license agreement that specified actual<br />
amounts, if any, that each party could charge the other.<br />
This was a blessing in disguise.<br />
The license agreement route to setting interconnection terms<br />
meant that newcomers were saved most, though not all,<br />
<strong>of</strong> the interminable wait and negotiation to connect to the<br />
incumbent’s network when they needed to get their services<br />
<strong>of</strong>f the ground. The disadvantage was, <strong>of</strong> course,<br />
that the actual charges for interconnection in the license<br />
agreements were in most cases without a known basis. In<br />
addition, there was a tendency to confuse user tariffs and inter<br />
operator tariffs, i.e., interconnection charges. Thus some relatively<br />
technical decisions became the subject <strong>of</strong> <strong>of</strong>ten uninformed<br />
debate and speculation. A case in point was the way<br />
in which TRAI was made to revise its stand on the CPP regime<br />
for mobile services. The CPP regime was struck down<br />
by the High Court when it was first instituted on the grounds<br />
that TRAI had no right to revise provisions <strong>of</strong> a license agreement<br />
between an operator and the government.<br />
TRAI’s first intervention in this area was in November 1997<br />
when a set <strong>of</strong> principles and methodologies to be followed<br />
were posted for discussion.<br />
TRAI’s first comprehensive tariff order in March 1999 stated:<br />
“Through this Order, the Authority also wants to send a<br />
signal to investors in this sector about the direction <strong>of</strong><br />
telecom pricing reform, the main elements <strong>of</strong> which will<br />
be: service providers, and through them customers, will<br />
be provided enhanced flexibility for pricing and giving alternative<br />
tariff packages to customer.”<br />
On the need for tariff rebalancing the document went on<br />
to say:<br />
“The Authority has considered the pros and cons <strong>of</strong> undertaking<br />
tariff re-balancing now. It came to the conclusion<br />
that tariff re-balancing cannot be achieved in one<br />
step, and further that the first step in this regard cannot<br />
be postponed if the policy <strong>of</strong> introducing private service<br />
providers has to succeed. In fact, the Authority believes<br />
that this should have been undertaken even before<br />
introducing competition in this sector. The growth and<br />
development <strong>of</strong> this sector will not be sustainable without<br />
this reform”.<br />
By this formulation, the Authority had set a clear agenda<br />
for the sector.<br />
3<br />
The Authority faced immediate opposition from the Minister for Communications, who directed that the whole order be kept in<br />
abeyance till further notice.<br />
11
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
TRAI was able to bring down leased line prices dramatically<br />
to the tune <strong>of</strong> approximately 90 percent in some cases. This is<br />
important since these prices are key determinants <strong>of</strong> interconnection<br />
costs, besides being <strong>of</strong> value to data service users.<br />
The rate-rebalancing process was begun in a small way 3 .<br />
On September 1999, TRAI issued <strong>Telecom</strong>munication<br />
Interconnection (Charges and revenue Sharing - First<br />
Amendment) Regulation 1999 and specified interim tariffs<br />
and the introduction <strong>of</strong> CPP for cellular services. The new<br />
tariffs entailed higher monthly rentals <strong>of</strong> Rs. 475 / Rs. 500<br />
for metros/circles respectively, but lower call charges and<br />
a terminating charge, <strong>of</strong> approximately Rs. 1.60 per minute,<br />
for calls to mobile phones, which was till then levied for<br />
calls terminating on fixed line phones.<br />
In a far-reaching move, on 17 th January, 2000, the Delhi<br />
High Court quashed Clause 8 <strong>of</strong> the <strong>Telecom</strong>munication<br />
Interconnection (Charges and Revenue Sharing) Regulation<br />
<strong>of</strong> May 28, 1999. The Court ruled that TRAI is not<br />
empowered to change the terms <strong>of</strong> interconnection<br />
amongst service providers, since it is part <strong>of</strong> the license<br />
agreement <strong>of</strong> cellular operators. This raised questions<br />
about the relationship between new sector specific regulators,<br />
consumer interest and judiciary as well as the roles<br />
and capacities <strong>of</strong> different agencies struggling to adapt<br />
themselves to an increasingly market driven economy.<br />
On 12 th July 2002 TRAI issued the <strong>Telecom</strong>munication<br />
Interconnection (Reference Interconnect Offer) Regulation,<br />
2002 (2 <strong>of</strong> 2002). The regulation mandates that service<br />
providers with significant market power publish a Reference<br />
Interconnect Offer<br />
(RIO) “stipulating the various technical and commercial<br />
conditions including a basis for interconnect usage charges<br />
for origination, transit and termination. Following these,<br />
the new entrants can seek interconnection and agree upon<br />
specific usage based charges.” All RIOs are to be approved<br />
by the regulator.<br />
The <strong>Telecom</strong>munication Interconnection Usage Charges (IUC)<br />
Regulation <strong>of</strong> 29 th January 2003 was a comprehensive review<br />
<strong>of</strong> the interconnection charges. It provides estimates <strong>of</strong><br />
costs <strong>of</strong> network elements involved in interconnection.<br />
According to this TRAI document:<br />
“The cost based monthly rental (including license fee) is<br />
estimated to be Rs. 424. Recent data from BSNL shows<br />
that at present their recovery on account <strong>of</strong> monthly rental<br />
is in the range <strong>of</strong> Rs. 165 to Rs. 175 per month. BSNL was<br />
charging lower rentals for certain exchange capacity slabs.<br />
On that basis, a balance amount <strong>of</strong> Rs. 249 to Rs 259 per<br />
month per DEL needs to be recovered through Access<br />
Deficit Charge (ADC).”<br />
IUC regulations thus envisage the levy <strong>of</strong> an additional<br />
charge, to recover from networks connecting to the fixed<br />
line networks, an access deficit, the revenue shortfall in providing<br />
local calls at regulated prices. The amount <strong>of</strong> access<br />
deficit is estimated to be Rs. 13,000 crores.<br />
The amount <strong>of</strong> the deficit and the nature <strong>of</strong> the calculation<br />
are both contentious. The amount would seem to<br />
detract from the fact that the incumbent with considerable<br />
market power in the interconnection market is a hugely<br />
pr<strong>of</strong>itable company with pr<strong>of</strong>its <strong>of</strong> Rs. 9,000 crores. The<br />
calculations are based on the incumbent’s annual reports. A<br />
major concern is the conflict <strong>of</strong> interest, since the source<br />
<strong>of</strong> the data in question and the intended beneficiary <strong>of</strong> the<br />
ADC payment are both BSNL. Another issue is that ADC<br />
payments would be paid for all calls to basic operators,<br />
irrespective <strong>of</strong> whether they terminate in urban or rural,<br />
or pr<strong>of</strong>itable or unpr<strong>of</strong>itable users.<br />
These IUC regulations also envisage reciprocal payments<br />
for terminating traffic on all networks including mobile.<br />
This removes an anomaly <strong>of</strong> the earlier regime when calls<br />
to cellular networks involved no payments <strong>of</strong> terminating<br />
charges to the latter.<br />
As a result <strong>of</strong> the new IUC ruling, outgoing calls to mobiles<br />
become expensive and incoming calls become free.<br />
Anomalies continue to exist between calls to WLL (M)<br />
and cellular services when they interconnect to the fixed<br />
network, but parity is retained when the calls are between<br />
the two types <strong>of</strong> mobile services.<br />
The new leadership <strong>of</strong> TRAI responded to concerns in<br />
the IUC regulations <strong>of</strong> January 2003 by issuing a new con-<br />
12
Key Regulatory Issues<br />
sultation paper on IUC issues to seek further views on<br />
modification <strong>of</strong> IUC, new estimates for ADC etc. This<br />
culminated with the issue <strong>of</strong> the new IUC regulation (2 <strong>of</strong><br />
2003). On 29 th October 2003 the access deficit, estimate<br />
was reduced to roughly 40 percent from Rs. 13,000 crores<br />
to Rs. 5,000 crores. However, the deficit will now be recovered<br />
from a wider range <strong>of</strong> service calls than those<br />
involving calls to fixed line phones, as envisaged earlier.<br />
This buffers some users from its impact, but mobile users<br />
calling mobiles would need to pay more.<br />
Spectrum Management<br />
Spectrum availability in India is arguably a bigger issue these<br />
days since mobile services that use wireless technologies had<br />
little demand or indeed supply till 1995. Fixed line infrastructure<br />
was the more dominant mode <strong>of</strong> connectivity and the<br />
need for spectrum was limited. The agency dealing with spectrum<br />
issues, i.e., Wireless Planning and Coordination (WPC)<br />
has been criticised occasionally for its relatively outdated and<br />
slow processes. However, its role has been less contentious<br />
than that <strong>of</strong> DoT with which it has a looser connection.<br />
WPC reports to the government through the member (Technology)<br />
<strong>Telecom</strong> Commission, but otherwise works relatively<br />
independently <strong>of</strong> the DoT.<br />
In the context <strong>of</strong> the telecom reform <strong>of</strong> the 1990s, the role<br />
<strong>of</strong> the WPC started when mobile operators were first licensed.<br />
They each had 4.5 Hz <strong>of</strong> spectrum allotted to them.<br />
In 1996, the <strong>Telecom</strong> Commission approved an increase<br />
in frequency allocated in the 800/900 MHz band from 4.5<br />
MHz to 6.2 MHz in the four metros, to accommodate the<br />
rapid increase in cellular subscribers.<br />
This was followed by a waiver by the government on<br />
November 4, 1997 <strong>of</strong> an annual royalty charge <strong>of</strong> Rs. 1,200<br />
per cellular subscriber with prospective effect. The waiver<br />
was later (1999) applied with retrospective effect for the<br />
period July 20, 1995 to August 27, 1997.<br />
Mobile operators as well as some others have made several<br />
representations to the government in recent times, about<br />
the small amount <strong>of</strong> spectrum available for services. The<br />
delays in frequency allocation have come in for frequent<br />
criticism. The government committee that conducted a<br />
review <strong>of</strong> telecom policy set up a Spectrum Management<br />
Committee on December 16, 1998, to give its recommendations<br />
on the efficient and cost-effective management <strong>of</strong><br />
the available spectrum.<br />
The committee submitted its report in December 1998.<br />
Its recommendations included:<br />
“It is noteworthy that the committee did not consider it<br />
practical for the defence services to vacate any <strong>of</strong> the spectrum<br />
in use by them, in any appreciable manner. Clearly<br />
the committee does not agree with many private sector<br />
players that the release <strong>of</strong> the spectrum by defence is both<br />
feasible and necessary.”<br />
A major controversy erupted when the government took the<br />
contentious move to introduce limited mobility services using<br />
the WLL network <strong>of</strong> basic service licensees. DoT’s guidelines<br />
for new fixed service licenses, announced in January 2001,<br />
envisaged the allocation <strong>of</strong> spectrum on a first come, first<br />
serve basis. This was in direct contrast to the pricing schemes<br />
that extract a premium for spectrum use by commercial players.<br />
Cellular operators claimed to have paid orders <strong>of</strong> magnitude<br />
more than for their licenses, which they claimed, were<br />
the de facto price <strong>of</strong> the spectrum. They accused the government<br />
<strong>of</strong> favouring a rival service.<br />
The bargain price <strong>of</strong> spectrum for fixed service to provide<br />
limited mobility was sought to be highlighted when<br />
Sterling Infotech, the holder <strong>of</strong> the mobile license for Tamil<br />
Nadu, <strong>of</strong>fered to pay the government Rs. 2,500 crores for<br />
5MHz spectrum in the 800/900 MHz band for all the<br />
circles in India. This was several times more than the corresponding<br />
price that fixed service providers would pay<br />
for the spectrum.<br />
In January 2002, the Minister <strong>of</strong> Communications approved<br />
the publication <strong>of</strong> the National Frequency Allocation<br />
Plan (NFAP) so as to help optimal utilisation <strong>of</strong> the<br />
frequency spectrum. Till this time, the NFAP has been seen<br />
as a security related sensitive document that was unsuitable<br />
for publication.<br />
13
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
Meeting a long pending demand for spectrum by cellular<br />
operators, WPC issued an order in February 2002 to<br />
allocate additional spectrum to cellular operators. Rules<br />
proposed for the additional allocation <strong>of</strong> spectrum included:<br />
• Allocation <strong>of</strong> additional spectrum <strong>of</strong> 1.8 MHz per<br />
operator in the 1800 MHz band, taking the total allocated<br />
spectrum up to 2x8 MHz per operator;<br />
• Cellular operators may apply for additional spectrum<br />
on reaching a subscriber base <strong>of</strong> four lakhs in the service<br />
area, but frequency will be allocated after the subscriber<br />
base has crossed five lakhs.<br />
• Further additions to the spectrum are possible up to<br />
2x10 MHz per operator after reaching such subscriber<br />
base as may be prescribed.<br />
Spectrum Usage Charges<br />
Up to 2x4.4 MHz - 2% <strong>of</strong> Adjusted Gross Revenues (AGR)<br />
Up to 2x6.2 MHz - 3% <strong>of</strong> AGR<br />
Up to 2x10 Mhz - 4% <strong>of</strong> AGR<br />
TRAI, which is indirectly involved with spectrum management,<br />
but has been involved in the controversy relating to<br />
license fees paid for mobile services, has raised the important<br />
issue <strong>of</strong> the efficient use <strong>of</strong> spectrum. In late 2003,<br />
TRAI castigated mobile operators for using the spectrum<br />
inefficiently.<br />
In the coming days, spectrum pricing is likely to become<br />
an even more important consideration for mobile operators<br />
and as a consequence for the growing numbers <strong>of</strong><br />
users <strong>of</strong> their services.<br />
14
A Theoretical Model <strong>of</strong> Subcontracting for High Quality<br />
3<br />
Conclusion<br />
The absence <strong>of</strong> a well thought-out initial plan and strategy<br />
comes through clearly as the main reason for much <strong>of</strong> the<br />
problems that arose in India’s telecom reforms. This in<br />
turn was linked to confusion with regard to three distinct<br />
objectives - promoting new investment, efficiency through<br />
competition and fiscal concerns - which influenced decision-making<br />
at various stages <strong>of</strong> the process.<br />
The relationship between the DoT and the regulatory agency<br />
introduced through reforms was another area <strong>of</strong> weakness<br />
that contributed to uncertainties and delays. It is noteworthy<br />
that clarity on the basic issues was eventually brought about<br />
only through the recommendations <strong>of</strong> task forces and groups<br />
(reporting to the Prime Minister) culminating in NTP-99.<br />
But further problems cropped up on account <strong>of</strong> the entry <strong>of</strong><br />
new wireless-based technologies, in particular, the way this<br />
entry was handled. This led to disputes and eventually to renegotiations<br />
<strong>of</strong> the terms <strong>of</strong> licenses already awarded for fixed<br />
line and mobile services, a process that again turned out to be<br />
messy. As a partial fall-out, moves towards consolidation<br />
through mergers and acquisitions have also come about.<br />
These developments notwithstanding, the process <strong>of</strong> reduction<br />
in tariffs was initiated by the regulator and was soon<br />
taken over by the forces <strong>of</strong> competition. This commenced in<br />
the period covered in the report but only gained greater momentum<br />
subsequently. Inflows <strong>of</strong> investments into the sector<br />
(including volumes <strong>of</strong> FDI) and resurgent economic growth<br />
have combined with the fall in tariffs to generate an accelerating<br />
increase in subscriber numbers. The recent trends (December<br />
2005/ January 2006) would take the country to the<br />
first place in telecom sector growth, worldwide.<br />
In spite <strong>of</strong> the many setbacks to the process and the obvious<br />
challenge <strong>of</strong> connecting the remaining largely rural<br />
population, the success <strong>of</strong> the telecom reform exercise is<br />
spectacular in many respects. It is most visible in the abundance<br />
<strong>of</strong> services, the absence <strong>of</strong> long waiting times and a<br />
vastly cheaper and improved service with operators vying<br />
for consumer business, a contrast from the old days <strong>of</strong><br />
corrupt monopolies. Perhaps the most important and visible<br />
sign <strong>of</strong> this success is the growing number <strong>of</strong> urban<br />
poor using mobile phones to enhance their livelihoods,<br />
besides communicating with loved ones.<br />
So much more could have been achieved, but what has<br />
been achieved is extraordinary in comparison to the reform<br />
initiatives in other sectors in India.<br />
15
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
4<br />
Epilogue<br />
Between December 2003 and December 2005, several further<br />
developments have taken place in the field <strong>of</strong> telecom<br />
reforms, <strong>of</strong> which the important ones are dealt with below.<br />
Unified Access Service Licenses<br />
On 13 th January 2005 TRAI came out with recommendations<br />
on a unified licensing system in the country in line<br />
with the convergence <strong>of</strong> markets and technologies becoming<br />
a reality and forcing a realignment <strong>of</strong> the industry. According<br />
to the recommendations, a service provider may<br />
provide the service that was earlier provided by another<br />
type <strong>of</strong> service provider. A single service provider can<br />
now <strong>of</strong>fer telecommunication, cable and broadcasting services.<br />
The Unified Licensing Regime (ULR) is designed to<br />
encourage the free growth <strong>of</strong> new applications and services<br />
leveraging on the technological developments in Information<br />
and Communication Technology (ICT). Under<br />
ULR, operators would pay six percent <strong>of</strong> their adjusted<br />
gross revenue (contribution to USOF at five percent<br />
plus administrative cost <strong>of</strong> one percent) as license fee.<br />
The recommendations also include the proposal to allow<br />
niche operators to serve rural areas with a phone density<br />
<strong>of</strong> less than one percent. Niche operators would pay no<br />
entry fees. The recommendations envisage the migration<br />
<strong>of</strong> existing service providers to the ULR to be optional<br />
for current operators. However, after a period <strong>of</strong> five years<br />
it shall be mandatory for all telecom operators to migrate to<br />
the ULR. It is important to mention that these recommendations<br />
are pending with the government and yet to be accepted.<br />
Universal Service Obligation Fund<br />
The USO Fund was constituted in 2002 and an administrator<br />
was appointed. The Fund envisages auctions <strong>of</strong><br />
subsidies to operators who will serve rural areas. The<br />
guidelines issued by the USOF envisage subsidies to successful<br />
bidders for providing a variety <strong>of</strong> rural lines e.g.,<br />
village public phones, second phone lines, high speed<br />
internet centres as well as replacement <strong>of</strong> VPTs based on<br />
Mobile Access Rural Radios (MARR) technology. USOF<br />
subsidies have been awarded for providing a second VPT,<br />
termed rural community phone, in 46,253 villages <strong>of</strong><br />
population exceeding 2,000 and for private household<br />
phones in 1,685 SDCAs (roughly equivalent to a revenue<br />
taluka) that were identified by the administration as ‘unremunerative’<br />
in terms <strong>of</strong> telephone usage and revenues.<br />
However, TRAI has recently argued that the USOF approach,<br />
were it to be completely successful, would result<br />
in a rural tele-density <strong>of</strong> only four percent. A comprehensive<br />
rethink is required, especially to ensure that wireless technologies<br />
and infrastructure can be adequately supported, to<br />
replicate the huge success <strong>of</strong> mobiles in urban areas.<br />
Access Deficit Charge<br />
The ADC regime came into effect from 1 st May 2003 for<br />
compensating the Fixed Service Providers (FSPs), but predominantly<br />
BSNL, the incumbent and main provider <strong>of</strong><br />
fixed lines in India, for meeting the revenue deficit arising<br />
out <strong>of</strong> providing services below costs, i.e.,<br />
16
Epilogue<br />
(a) filling the gap between ‘affordable’ monthly rentals<br />
and the cost based monthly rental,<br />
(b) financing <strong>of</strong> free calls and<br />
(c) local tariffs charged below the cost <strong>of</strong> their provision.<br />
All long distance calls except those involving basic telephone<br />
subscribers at both ends, (with minor exceptions)<br />
are subjected to ADC.<br />
ADC was levied on a per minute basis. Revised reduced<br />
rates <strong>of</strong> ADC were brought into effect on 1 st February<br />
2005. The ADC regime was controversial and raised many<br />
questions about its methodology and fairness from affected<br />
private operators. The total amount <strong>of</strong> compensation was<br />
brought down to Rs. 5,341 crores. According to TRAI,<br />
this revision was necessitated mainly due to<br />
(a) an increase in the base for generating the ADC amount<br />
due to the huge increase in mobile subscribers and the<br />
consequent higher minutes <strong>of</strong> usage and<br />
(b) falling per line capital cost resulting through new technologies.<br />
One more revision <strong>of</strong> ADC charges (23rd<br />
February 2006) has brought down the amount <strong>of</strong> ADC<br />
to Rs. 3,335 crores and changed the method <strong>of</strong> charging<br />
from the earlier per minute basis to one where<br />
operators would pay a percentage <strong>of</strong> their revenues.<br />
For long distance calls, however, the earlier per minute<br />
payments would continue, but at a considerably lower rate.<br />
TRAI envisages merging the ADC regime with the USO<br />
levy by year 2008-09.<br />
Long Distance Tarif<br />
ariffs<br />
fs<br />
Domestic STD charges (rupees per minute for distances<br />
beyond 200 kms) came down from Rs. 4.80 in March<br />
2003 to Rs. 3.60 in March 2004 and later to Rs. 2.40 by<br />
March 2005. International long distance calls during the<br />
same period have fallen from Rs. 24 to Rs. 7.20. The effective<br />
charge for mobile users was reduced from Rs. 2.40 to<br />
Rs. 1.20 during the same time. The reduced ADC, increased<br />
competition, expectations <strong>of</strong> increase in the subscriber base<br />
and in the minutes <strong>of</strong> average usage have been the main<br />
factors contributing to falling tariffs.<br />
Opening <strong>of</strong> Internet net Telephony<br />
and Further Liberalisation <strong>of</strong><br />
National Long Distance Services<br />
In December 2005, the government also announced a virtually<br />
free entry, at a vastly reduced fee <strong>of</strong> Rs. 25 million, to<br />
India’s long distance telephony services, both national and<br />
international. Along with this came the removal <strong>of</strong> earlier<br />
controls on Internet telephony, meeting a long-standing<br />
demand. The removal <strong>of</strong> restrictions on Internet telephony<br />
is likely to especially help future rural subscribers, since a<br />
much larger proportion <strong>of</strong> their calls in long distance.<br />
Pan India Tarif<br />
ariffs<br />
fs<br />
On 14 th June 2005, the Minister <strong>of</strong> <strong>Telecom</strong> and IT announced<br />
that the government operators would <strong>of</strong>fer a<br />
package in which a customer could make a one minute call<br />
to anywhere in India or a three minute local call for one<br />
rupee. This brought to fruition the minister’s <strong>of</strong>ten-stated<br />
goal for customers to have access to a One India tariff,<br />
irrespective <strong>of</strong> distance. The One India tariffs however,<br />
do envisage additional monthly rentals and do not come<br />
with ‘free calls’, which were included in the basic consumer<br />
tariff package. Subscribers have the option to change over<br />
to this One India tariff.<br />
Subscriber Growth and<br />
Penetration levels<br />
At the commencement <strong>of</strong> economic reforms in 1991, the<br />
country had a total <strong>of</strong> about five million telephones and a<br />
waiting list <strong>of</strong> nearly two million and an overall telephone<br />
penetration level <strong>of</strong> a little over half <strong>of</strong> one percent per<br />
head <strong>of</strong> population. Access to telephony was confined almost<br />
entirely to the urban areas. Here also, the waiting list<br />
did not correctly reflect the pending demand as potential<br />
applicants were discouraged by the long waiting period,<br />
the stipulated application fee that would remain locked in<br />
and the poor quality <strong>of</strong> service. By 2003-04, the number<br />
<strong>of</strong> fixed line phones had crossed 40 million and cellular<br />
mobile phone subscriber numbers were rising so rapidly<br />
that they overtook the fixed line subscribers in 2005. At<br />
17
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
the end <strong>of</strong> December 2005, the total subscriber base had<br />
grown to 124.85 million, made up <strong>of</strong> 48.93 million fixed<br />
lines (including fixed WLL phones) and 75.91 million<br />
mobile connections. Average penetration touched 11.43 per<br />
hundred, with urban tele-density <strong>of</strong> 23 percent and rural<br />
penetration <strong>of</strong> two percent.<br />
18
Appendix I<br />
Chronology <strong>of</strong> <strong>Indian</strong> <strong>Telecom</strong> <strong>Reform</strong><br />
1990, December: A high level committee headed by Dr. M.<br />
B. Athreya was set up to recommend the most appropriate<br />
organisational structure for the management <strong>of</strong> telecom services<br />
in the country. The committee recommended that the<br />
DoT be split into four corporate entities, value added services<br />
should be thrown open to competition by public or<br />
private enterprises, co-operatives etc. Small entrepreneurs must<br />
be encouraged in installation, cabling, closed user networks<br />
and subscriber premises work, for greater efficiency and<br />
employment generation. Importantly, policy and regulation<br />
should be separated from operations.<br />
1991-1993: The beginnings <strong>of</strong> private sector participation<br />
in telecom services. The sub-sector <strong>of</strong> ‘value added services’<br />
was opened up to private investment in July 1992.<br />
These included:<br />
Cellular Mobile Radio Telephone<br />
Radio Paging<br />
Electronic Mail etc. services<br />
1992, January 20: DoT invites technical bids for cellular<br />
mobile telephone services in Delhi, Mumbai, Calcutta and<br />
Madras.<br />
1992, July: Value added services opened to private investment<br />
by DoT. These include e-mail, voice mail, 64 Kpbs<br />
private data services, audio text and video text services,<br />
radio trunking services, cellular mobile services, radio paging<br />
services, and video-conferencing.<br />
1992, October 12: The Minister <strong>of</strong> <strong>Telecom</strong>munications<br />
announces the list <strong>of</strong> metro cellular licensees. The metro<br />
cellular operators - Bharti, Essar, Hutchison Max, BPL,<br />
Modi Telstra, Usha Martin, Skycell and RPG win licences<br />
for cellular services in metros.<br />
1993, May: As part <strong>of</strong> the ongoing reform process, the<br />
Ministry <strong>of</strong> Communications requests ICICI to recommend<br />
terms and conditions for the private sector’s entry<br />
into India’s telecom services and to study the necessary<br />
changes required in the telecom sector and recommend<br />
modalities for constituting an independent <strong>Telecom</strong> Regulatory<br />
Authority.<br />
1993, October: The G.S.S. Murthy Committee submits its<br />
report on the licensing <strong>of</strong> public switched telephone networks.<br />
1994, January: ICICI submits its report on the setting up<br />
<strong>of</strong> a <strong>Telecom</strong> Regulatory Body for India.<br />
1994, May 13: National <strong>Telecom</strong> Policy (NTP-94) was<br />
announced.<br />
1994, June 13: ICICI <strong>Telecom</strong> Working Group report on<br />
entry conditions for basic telecom services suggests the<br />
optimal level for entry <strong>of</strong> private players should be a Secondary<br />
Switching Area (SSA).<br />
1994, November 10: ICICI <strong>Telecom</strong> Working Group<br />
submits final report on the process for the selection <strong>of</strong><br />
new operators for basic services.<br />
1994, November 29: On the basis <strong>of</strong> re-evaluation as per<br />
the directions <strong>of</strong> the Supreme Court, on a petition by one<br />
<strong>of</strong> the operators, DoT orders a change in the cellular operator<br />
for Mumbai. Hutchison Max signs licence for<br />
Bombay.<br />
19
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
1995: Working fixed lines cross 10 million, annual fixed<br />
line growth crosses 20 percent.<br />
1995, January 16: Tenders invited for cellular services in<br />
the rest <strong>of</strong> India.<br />
1995, March: Paging services debut in India.<br />
1995, March 15: The Gupta Committee makes recommendations<br />
regarding the restructuring <strong>of</strong> DoT.<br />
1995, May 27: DoT issues clarifications and announces<br />
several changes in the original tender conditions <strong>of</strong> the basic<br />
services. Tender opening date extended to June 23, 1995.<br />
1995, June 07: DoT receives 33 bids for mobile services<br />
in 18 telecom circles. No bidders for Andaman & Nicobar<br />
and Jammu and Kashmir circles.<br />
1995, June 23: 81 bids received for fixed line (basic) services<br />
in 20 Circles. No bids for Jammu and Kashmir.<br />
1995. August 05: DoT opens financial bids for cellular<br />
mobile services.<br />
1995, August 15: VSNL begins public Internet access in<br />
selected cities.<br />
1995, August 23: Modi Telstra launches the first cellular<br />
operation in the country in Calcutta.<br />
1995, November 2: The government announces that no<br />
company may retain more than three A and B Circle<br />
licences.<br />
1995, December 1: Second round <strong>of</strong> bidding for basic<br />
services in 13 Circles.<br />
1995, December 12: DoT issues 34 licenses to 14 companies<br />
for operating cellular services in the 18 telecom Circles.<br />
1996, January 1: Bids for basic services opened. Only six<br />
companies participate in the bidding. Only five Circles out<br />
<strong>of</strong> 13 receive acceptable bids.<br />
1996, March 12: Letter <strong>of</strong> Intent awarded to highest bidders<br />
in the second round <strong>of</strong> bidding.<br />
1996, March 15: Third round <strong>of</strong> bidding for basic service<br />
licenses for nine Circles.<br />
1996, May: Draft Interconnect Agreement released by<br />
DoT. Discussions begin with mobile operators.<br />
1996, July 23: TRAI Bill introduced in Lok Sabha.<br />
1996, October: Mobile licenses issued to two operators<br />
each in 20 Circles.<br />
1996, November: DoT allows assignability <strong>of</strong> cellular licenses,<br />
meeting the demand <strong>of</strong> financial institutions.<br />
1997, February: India signs <strong>Telecom</strong>munications Basic<br />
Services agreement at World Trade Organisation (WTO)<br />
allowing companies with up to 25 percent foreign equity<br />
access to most parts <strong>of</strong> its telecom market. It signs up for<br />
a regulatory reference paper that forms part <strong>of</strong> the agreement,<br />
but its commitment does not include important competitive<br />
safeguards relating to state owned and other incumbents,<br />
independent regulators and issues such as interconnection<br />
and spectrum fees.<br />
1997, March 18: TRAI Bill, 1997, a modification <strong>of</strong> the<br />
previous Bill presented a year ago, passed by the Lok Sabha<br />
and the Rajya Sabha.<br />
1997, March 25: TRAI is set up with three members.<br />
1997, March 26: COAI approaches TRAI against DoT’s<br />
order that hikes the price <strong>of</strong> fixed to mobile calls.<br />
1997, April: Mobile services commence in non-metro<br />
Circles.<br />
1997, April 25: TRAI quashes DoT’s PSTN to mobile<br />
tariff order.<br />
1997, September 12: DoT gives clearance for national<br />
automatic roaming.<br />
1997, October 10: MTNL indicates intention to enter into<br />
cellular services in its GDR Prospectus.<br />
1997, November 3: Cellular operators seek TRAI intervention<br />
to stop MTNL’s plans to <strong>of</strong>fer mobile services.<br />
1997, November 19: Private operators permitted to make<br />
their licenses assignable in favour <strong>of</strong> the lenders.<br />
1997, December 4: Consultation paper on numbering plan.<br />
20
Chronology <strong>of</strong> <strong>Indian</strong> <strong>Telecom</strong> <strong>Reform</strong><br />
1998: Mobile phones cross one million.<br />
1998, January 9: DoT commissions the Bureau <strong>of</strong> Industrial<br />
Costs and Prices (BICP) to assess the viability <strong>of</strong> the<br />
<strong>Indian</strong> cellular industry .<br />
1998, January 12: DoT gives clearance for national and<br />
international roaming.<br />
1998, January 15: DoT announces the policy for ISPs, no<br />
limit on the number <strong>of</strong> licenses. Fee to be one rupee.<br />
1998, February 17: TRAI rules that the government must<br />
seek a recommendation from TRAI before issuing a license<br />
to a new service provider, even though the recommendation<br />
would not be binding on the government.<br />
1998, March 2: MTNL files a petition in the Delhi High<br />
Court challenging the TRAI order restraining it from entering<br />
cellular services in Delhi and Bombay.<br />
1998, April: The ICICI Report concludes that on a 10-<br />
year license, cellular telecom projects are not attractive for<br />
either the lender or the promoter. Recommends extension<br />
<strong>of</strong> the license period to 15 years while maintaining the same<br />
NPV. The government rejects the report on the grounds<br />
that ICICI is an interested party.<br />
1998, June 4: Bharti launches India’s first private sector<br />
operated basic services in the Madhya Pradesh Circle.<br />
1998, July 16: The Delhi High Court, holds that the power<br />
<strong>of</strong> the government to grant or amend a license is not subject<br />
to the recommendation <strong>of</strong> TRAI, nor are these recommendations<br />
mandatory in nature.<br />
1998, October 8: DoT announces extension <strong>of</strong> the cellular<br />
license period from 10 to 15 years for Circle operators.<br />
1998, October 24: The Prime Minister announces that “a<br />
new <strong>Telecom</strong> Policy will be formulated within the next<br />
three months”<br />
1998, November 9: BICP submits report on the financial<br />
viability <strong>of</strong> cellular phone services.<br />
1998, November 20: A Group on <strong>Telecom</strong>munications<br />
(GoT) is set up by the Prime Minister under the chairmanship<br />
<strong>of</strong> Shri Jaswant Singh to make recommendations on<br />
the proposed New <strong>Telecom</strong> Policy and issues relating to<br />
existing licensees <strong>of</strong> basic and cellular services and TRAI<br />
1998, November 26: Apex Industry Associations constitute<br />
the Group on <strong>Telecom</strong>munication (InGoT) to provide<br />
a co-ordinated response to the government’s GoT.<br />
1998, December 21: TRAI floats a consultation paper on<br />
the viability assessment for license fee determination.<br />
1998, December 24: Report <strong>of</strong> the Spectrum Management<br />
Committee under the Chairmanship <strong>of</strong> Lt. Gen. P Gokharn.<br />
1999, January: TRAI expanded by adding two new<br />
members.<br />
1999, January 23: The government issues a Draft Discussion<br />
Paper on the New National <strong>Telecom</strong> Policy.<br />
1999, January 25: The Ministry <strong>of</strong> Communications, sends<br />
letters to all license fee defaulters asking them to pay up 20<br />
percent <strong>of</strong> their outstanding license fee or face punitive<br />
action.<br />
1999, March 9: The TRAI <strong>Telecom</strong>munications Tariff<br />
Order increases the monthly rental for mobile services to<br />
Rs. 600 (from Rs. 156) and lowers the peak ceiling tariff<br />
rate to Rs. 6 (from Rs. 16.80) per minute. The Order also<br />
proposes the implementation <strong>of</strong> CPP regime.<br />
1999, March 26: New National <strong>Telecom</strong> Policy 1999<br />
announced.<br />
1999, May: TRAI says tariff rebalancing be phased in over<br />
a three-year period.<br />
1999, May 22: DoT issues disconnection notices to the<br />
Koshika <strong>Telecom</strong> and Aircel Digilink, for failure to clear<br />
license fee dues.<br />
1999, July 6: Union Cabinet clears the migration <strong>of</strong> existing<br />
licensees to NTP-99.<br />
1999, July 15: TRAI’s consultation paper on competition<br />
in domestic long distance communications.<br />
1999, July 29: Private operators formally accept DoT’s<br />
migration package for transition to NTP-99 and agree to<br />
21
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
withdraw all litigation pending against the DoT / Government<br />
<strong>of</strong> India.<br />
1999, July 30: The settlement is challenged through a Pubic<br />
Interest Litigation.<br />
1999, August: The Prime Minister takes over charge <strong>of</strong><br />
the Ministry <strong>of</strong> Communications and clears move to a<br />
revenue sharing regime.<br />
1999, August 10: Delhi High Court rules that the existing<br />
licensees can migrate to the new policy as per the package<br />
approved by DoT.<br />
1999, August 31: TRAI releases a consultation paper on<br />
Calling Party Pays for Mobile Services.<br />
1999, September: Division <strong>of</strong> DoT (for policy, planning,<br />
licensing etc.) and DTS (fixed line and mobile service provider<br />
in India excluding Delhi and Mumbai); the government<br />
announces plan to corporatise DTS.<br />
1999, September 15: Notification by the government<br />
giving MTNL a provisional amendment to its CMTS<br />
license.<br />
1999, September 17: TRAI issues an order for the commencement<br />
<strong>of</strong> CPP for cellular mobiles from<br />
1st October’ 1999.<br />
1999, October 13: Petition challenges TRAI’s jurisdiction<br />
to propose CPP.<br />
1999, December: The government sets up a Group <strong>of</strong><br />
Ministers on <strong>Telecom</strong> and Information Technology (GoT-<br />
IT) headed by the Finance Minister.<br />
1999, December: Private ISPs allowed to set up satellite<br />
gateways.<br />
1999, December 13: TRAI recommendations on “Introduction<br />
<strong>of</strong> Competition in National Long Distance Communication”<br />
proposing open entry on nominal fees.<br />
2000, January 17: Delhi High Court rules that TRAI is<br />
not empowered to change the terms <strong>of</strong> interconnection<br />
amongst service providers, since it is part and parcel <strong>of</strong><br />
the license agreement <strong>of</strong> cellular operators.<br />
2000, January 24: The TRAI Act is amended to include<br />
the need for the body’s recommendations before new licences<br />
are issued. TRAI is the sole authority to fix tariffs as<br />
well as terms and conditions <strong>of</strong> interconnectivity between<br />
service providers.<br />
2000, February: TRAI (Amendment) Ordinance 2000<br />
promulgated to bifurcate its role between two entities –<br />
regulator (TRAI) and adjudicator (TDSAT).<br />
2000, March 1: Birla AT & T and Tata merge cellular<br />
operations.<br />
2000, May: Reconstituted TRAI and separately carved<br />
TDSAT start functioning.<br />
2000, May 15: Newly reconstituted TRAI revises recommendations<br />
on the opening up <strong>of</strong> national long distance<br />
to private competition to suggest that the number <strong>of</strong> players<br />
be restricted to four in addition to the incumbent. Recommends<br />
bidding for licences.<br />
2000, May 23: TRAI releases consultation paper on issues<br />
relating to the introduction <strong>of</strong> CPP for cellular mobile<br />
services.<br />
2000, June: Department <strong>of</strong> <strong>Telecom</strong> Operations carved out<br />
<strong>of</strong> Department <strong>of</strong> <strong>Telecom</strong> Services to operate the network.<br />
DTS to manage state owned telecom companies.<br />
2000, June 9: Information Technology Act 2000 passed.<br />
2000, June 23: TRAI recommends that mobile service<br />
providers pay 17 percent <strong>of</strong> adjusted gross revenues as<br />
licence fees.<br />
2000, July 15: Prime Minister announces the opening up<br />
<strong>of</strong> national long distance operations to unrestricted competition.<br />
2000, August 9: DoT permits CMSPs to share infrastructure<br />
with other service providers and allows direct<br />
interconnectivity between licensed CMSPs and any other<br />
telecom service provider.<br />
2000, August 11: Sub-group on convergence set up with<br />
Fali Nariman as convenor, submits final draft report on<br />
proposed Convergence Law. Suggests a common regula-<br />
22
Chronology <strong>of</strong> <strong>Indian</strong> <strong>Telecom</strong> <strong>Reform</strong><br />
tory body for India for content and carriage i.e., broadcasting<br />
and telecommunications.<br />
2000, August 13: Guidelines for opening <strong>of</strong> NLD announced.<br />
2000, August 31: TRAI issues recommendations on basic<br />
service licenses and suggests open entry with fees ranging<br />
between Rs 10 million to Rs one billion depending on type<br />
<strong>of</strong> Circle, (ref: Appendix II for details <strong>of</strong> Circle types) “to<br />
weed out non-serious players”. Recommends variable revenue<br />
shares for FSPs.<br />
2000, September 7: DoT recommends a three-tier revenue<br />
share license fee structure for CMSPs as below:<br />
20 percent p.a. for metros,<br />
15 percent p.a. for Circle A & B service areas,<br />
10 percent p.a. for other (Type C) Circle service areas<br />
2000, October 1: Corporatisation <strong>of</strong> DoT by the formation<br />
<strong>of</strong> BSNL.<br />
2000, October 24: Recommendations <strong>of</strong> TRAI on the<br />
induction <strong>of</strong> a fourth mobile operator.<br />
2000, November 3: TRAI issues consultation paper on<br />
Policy Issues relating to Limited Mobility by use <strong>of</strong> Wireless<br />
in Local Loop Techniques in the Access Network by<br />
Basic Service Providers.<br />
2001: FDI almost doubles to over Rs 8000 crores post<br />
NTP-99 and there is a move to revenue sharing from fixed<br />
license fees.<br />
2001, January 5: Fourth cellular operators license guidelines<br />
announced by DoT.<br />
2001, January 8: TRAI recommends that FSPs be allowed<br />
to <strong>of</strong>fer, “limited mobility” within the SDCA.<br />
2001, January 18: BSNL announces a concessional tariff<br />
for its subscribers for calls up to a distance <strong>of</strong> 200<br />
kilometres.<br />
2001, January 23: COAI approaches the <strong>Telecom</strong> Dispute<br />
Settlement and Appellate Tribunal (TDSAT) against<br />
TRAI recommendations allowing limited mobility services<br />
using WLL.<br />
2001, January 25: DoT announces FSP guidelines, which<br />
include the right to <strong>of</strong>fer “limited mobility” services<br />
through WLL.<br />
2001, March 20: TRAI writes to DoT referring to the<br />
stipulation in the TRAI recommendations on WLL (M)<br />
that envisage that the Mobile Switching Centre (MSC)<br />
should not be used for WLL based mobility.<br />
2001, March 23: DoT issues guidelines for allocation <strong>of</strong> spectrum<br />
on a first come, first serve basis for FSP licensees.<br />
2001, March 27: Letters <strong>of</strong> Intent issued by DoT to private<br />
fixed operators Tata Teleservices, Reliance Communications<br />
and HFCL InfoTel to <strong>of</strong>fer fixed and limited<br />
mobile services.<br />
2001, April 24: TDSAT sets aside TRAI order on<br />
concessional tariffs saying TRAI had violated the principles<br />
<strong>of</strong> natural justice since BSNL was not given a hearing prior<br />
to issue <strong>of</strong> orders.<br />
2001, June 29: Bidding begins for fourth cellular service<br />
license slot in 21 Circles.<br />
2001, July 19: DoT challenges jurisdiction <strong>of</strong> TDSAT on<br />
matters relating to spectrum charges.<br />
2001, July 31: The winners for the fourth cellular license<br />
are announced.<br />
2001, August: Opening <strong>of</strong> NLD service to competition.<br />
2001, August 27: Communications Convergence Bill 2001<br />
approved by Cabinet.<br />
2001, September 25: DoT issues amended license agreements<br />
for existing cellular operators to reflect their migration<br />
to NTP-99.<br />
2001, November 11: Bharti Telesonic signs NLD Telephony<br />
license.<br />
2001, November 12: TRAI submits recommendations on<br />
opening up <strong>of</strong> International long distance to private<br />
participation.<br />
23
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
2001, November 23: TRAI Issues consultation paper on<br />
Introduction <strong>of</strong> Internet Telephony.<br />
2001, December 21: Bharti Telesonic, India’s first private<br />
national long distance operator announces a steep decline<br />
in the price <strong>of</strong> mobile-to-mobile long distance calls.<br />
2001, December 22: Ministry <strong>of</strong> Information Technology<br />
and Ministry <strong>of</strong> Communications merge to create<br />
Ministry <strong>of</strong> Communications and Information Technology.<br />
Ministry <strong>of</strong> Information and Broadcasting left out.<br />
2001, December 28: BSNL responds to the STD tariff<br />
cut announced by IndiaOne (Bharti Telesonic) and announces<br />
an even sharper cut <strong>of</strong> up to 62.5 percent in STD tariffs.<br />
2002: Internet subscriptions cross one million.<br />
2002, January 5: Minister <strong>of</strong> Communications approves<br />
National Frequency Allocation Plan (NFAP) for optimal<br />
utilisation <strong>of</strong> frequency spectrum.<br />
2002, February: Tata acquires management control <strong>of</strong><br />
VSNL after the government sells the major part <strong>of</strong> its<br />
stake in VSNL.<br />
2002, February 20: TRAI submits recommendations on<br />
introduction <strong>of</strong> Internet Telephony (IT).<br />
2002, March 15: TDSAT rules that the introduction <strong>of</strong><br />
WLL (M) services is a policy decision <strong>of</strong> the government<br />
and consequently not subject to review by the Tribunal. It<br />
dismisses COAI petition seeking to prohibit fixed service<br />
providers from <strong>of</strong>fering any type <strong>of</strong> mobile services.<br />
2002, March 21: ISPs allowed to provide the service on<br />
payment <strong>of</strong> additional license fees. However, incoming IP<br />
calls may not be terminated on the phone network.<br />
2002, March 27: DoT issues guidelines on Universal Service<br />
Obligation (USO). Announces the creation <strong>of</strong> Universal Service<br />
Obligation Fund (USOF) starting April 1, 2002.<br />
2002, April 1: Opening <strong>of</strong> International Long Distance<br />
service to competition; VSNL monopoly ends.<br />
2002, April 5: TRAI issues consultation paper on Reference<br />
Interconnect Offer (RIO).<br />
2002, April 11: COAI challenges TDSAT judgment on<br />
WLL (M) in the Supreme Court.<br />
2002, April 18: DoT issues notification for spectrum usage<br />
charges for microwave access and backbone.<br />
2002, July 19: Bharti launches International long distance<br />
service.<br />
2002, October 7: BSNL appeals to TDSAT against TRAI’s<br />
plan to forbear cellular tariffs.<br />
2002, October 19: BSNL launches countrywide cellular<br />
mobile services.<br />
2002 December: Mobile phones cross 10 million.<br />
2002, December 17: Supreme Court sets aside the TDSAT<br />
judgement on WLL (M) and remits the matter to the Tribunal<br />
for reconsideration, with special emphasis on the<br />
question <strong>of</strong> a level playing field. The Supreme Court says<br />
TDSAT had not exercised its full jurisdiction.<br />
2002, December 28: Reliance lnfocomm launches WLL<br />
(M) services.<br />
2003: Internet subscribers cross three million.<br />
2003, January 7: BSNL slashes STD rates for over 500<br />
kilometres.<br />
2003, February 10: COAI approaches TDSAT objecting<br />
to the provision <strong>of</strong> WLL (M) services outside the SDCA<br />
by Tata Teleservices and the advertisement <strong>of</strong> roaming<br />
facilities by Reliance Infocomm.<br />
2003, February 21: TRAI’s recommendations on the issue<br />
<strong>of</strong> fresh licenses to cellular mobile service providers<br />
(CMSPs) says more players are feasible only if additional<br />
spectrum is available.<br />
2003, February 24: Cellular operators approach TDSAT<br />
against TRAI to protest what they regard are iniquitous<br />
tariffs, in comparison to those for limited mobility.<br />
2003, April 8: TDSAT rejects the government’s claim on<br />
privilege <strong>of</strong> disclosing <strong>of</strong>ficial documents relating to introduction<br />
<strong>of</strong> WLL (M) services.<br />
24
Chronology <strong>of</strong> <strong>Indian</strong> <strong>Telecom</strong> <strong>Reform</strong><br />
2003, May 15: Consultation paper on IUC issues seeks<br />
further views on modification <strong>of</strong> IUC, new estimates for<br />
ADC etc.<br />
2003, July 16: TRAI’s consultation paper on Unified Licensing<br />
for Basic and Cellular Mobile Services.<br />
2003, August 8: TDSAT pronounces split (2 – 1) judgement<br />
on the legality <strong>of</strong> WLL (M). Majority decision <strong>of</strong> the<br />
body’s two administrative members accepts WLL (M) service<br />
is legal, but says government decision to allow it was<br />
taken in unseemly haste and further that TRAI should have<br />
levied additional fees. Dissenting minority judgement (that<br />
<strong>of</strong> the Chairperson <strong>of</strong> TDSAT, its only judicial member)<br />
says WLL (M) service is illegal and that decisions were<br />
taken for extraneous reasons.<br />
2003, October 27: TRAI recommendations on “WLL<br />
(M) issues pertaining based on Hon’ble TDSAT’s order”<br />
stipulate additional entry fees for WLL (M) players based<br />
on difference in fees paid already and those bid for and<br />
paid by the fourth cellular operator in the relevant operating<br />
area.<br />
2003, October 27: TRAI’s recommendations on unified<br />
licensing proposing immediate merger <strong>of</strong> fixed and mobile<br />
licenses in area <strong>of</strong> operations <strong>of</strong> current cellular<br />
licenses.<br />
2003, October 29: TRAI reduces access deficit estimate<br />
from Rs 135 billion to Rs 53 billion.<br />
2003, November 11: DoT issues guidelines for Unified<br />
Access Services licenses. All fixed line operators allowed<br />
to migrate to a Unified Access Services License on payment<br />
<strong>of</strong> a fee.<br />
2003, November 14: Unified licences granted to telecom<br />
operators Reliance, Tata Teleservices, Shyam <strong>Telecom</strong> and<br />
HFCL.<br />
25
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
Appendix II<br />
Information Communication Technology<br />
and Poverty Alleviation<br />
Expert studies attribute the high incidence <strong>of</strong> rural poverty<br />
in India to:<br />
(a) lack <strong>of</strong> proper income generating activities and opportunities<br />
in villages,<br />
(b) Inadequate infrastructure facilities and<br />
(c) Ineffectiveness <strong>of</strong> existing government agencies in the<br />
fields <strong>of</strong> health, education, agriculture extension services<br />
etc.<br />
Information and Communication Technology is a tool that<br />
lends itself to addressing all the three areas, so as to realise<br />
the goal <strong>of</strong> speedy alleviation <strong>of</strong> poverty.<br />
Government programmes aimed at addressing rural poverty<br />
fall into three broad categories:<br />
(a) Providing basic infrastructure in rural areas, e.g. setting<br />
up new schools, health facilities, rural roads, drinking<br />
water supply and electrification,<br />
(b) Promoting rural industries, increasing agricultural productivity<br />
and providing rural employment and<br />
(c) Policies aimed at providing productive resources that<br />
in turn help raise the incomes <strong>of</strong> the poor.<br />
Problems <strong>of</strong> design, implementation and monitoring and<br />
overall inadequacy <strong>of</strong> resources undermine the effectiveness<br />
<strong>of</strong> these programmes.<br />
On the design side, centralised planning leads to the same<br />
policies being applied in different geographic areas without<br />
taking into account variations in agro-climatic conditions,<br />
skills <strong>of</strong> rural population, access to social infrastructure<br />
and literacy levels. On the other hand, decentralised<br />
planning also lacks effectiveness where it is not supported<br />
by regional databases and tools for spatial planning.<br />
With regard to implementation, problems are posed by a<br />
multiplicity <strong>of</strong> agencies involved in the process. Lack <strong>of</strong><br />
co-ordination among different government departments<br />
implementing such programmes dilutes the benefits derived<br />
at the grass root level. Lack <strong>of</strong> co-ordination is <strong>of</strong>ten<br />
caused by want <strong>of</strong> reliable communication systems.<br />
The other main hurdles <strong>of</strong> programme implementation are<br />
the unwillingness <strong>of</strong> programme workers to stay in the field<br />
and lack <strong>of</strong> proper supervision. The records maintained by<br />
programme workers are suspect, because they are not updated<br />
through actual contacts with the target population.<br />
Manual reporting systems have also been ineffective due to<br />
the enormity <strong>of</strong> data, adding up to difficulties in monitoring<br />
large programmes. These problems compound the inherent<br />
drawback posed by inadequacy <strong>of</strong> resources.<br />
Effective poverty alleviation strategies, on the other hand,<br />
are characterised by micro level planning, effective supply<br />
<strong>of</strong> credit to the poor, improved management <strong>of</strong> government<br />
run poverty alleviation programmes and building<br />
networks <strong>of</strong> self-help groups amongst the rural poor with<br />
the active involvement <strong>of</strong> local non-governmental<br />
organisations. Grass root intervention is identified as a necessary<br />
factor <strong>of</strong> poverty alleviation.<br />
26
Information Communication Technology and Powerty Alleviation<br />
Information Communication<br />
Technology (ICT) as a Tool for<br />
Poverty Alleviation<br />
Telephony provides the basic infrastructure for applications<br />
denoted by the term ‘Information Communication Technology’<br />
(ICT), in particular, the use <strong>of</strong> Internet-based<br />
programmes. ICT is now identified as a key element <strong>of</strong> poverty<br />
alleviation in rural areas. Five channels <strong>of</strong> ICT’s impact on<br />
rural poverty have been identified and discussed. These are.<br />
i. Access to Information and Knowledge: ICT enables the poor<br />
to have access to information and knowledge regarding<br />
government policies, which in turn results in the<br />
voices <strong>of</strong> the poor being heard in decision-making<br />
fora. Further, by providing infrastructure for networking<br />
<strong>of</strong> the rural poor, it enables them to get connected<br />
to the mainstream, participate in public affairs, organise<br />
and mobilise. It improves the service delivery <strong>of</strong> education,<br />
agricultural extension and other public services<br />
and most importantly, health, through facilities like telemedicine<br />
that link hospitals to the rural poor, reducing<br />
the incidence <strong>of</strong> referral cases in rural areas.<br />
ii.<br />
iii.<br />
Improves the Market Connectivity: ICT increases connectivity<br />
to the market that would facilitate the realisation<br />
<strong>of</strong> economic benefits in terms <strong>of</strong> getting suitable prices<br />
for rural produce and also creating employment opportunities.<br />
Market information on prices <strong>of</strong> agricultural<br />
outputs and inputs, as well as the consumer products<br />
required in rural areas, protects people from exploitation<br />
by middlemen. Industries located in rural<br />
areas, or dependent on rural produce (such as sugar)<br />
maintain the smooth, timely flow <strong>of</strong> inputs and in turn<br />
meet market requirements <strong>of</strong> their output.<br />
Accountability and Good Governance: ICT facilitates better<br />
monitoring <strong>of</strong> public administration, social services<br />
and development programmes. Information has <strong>of</strong>ten<br />
been described as one <strong>of</strong> the most effective tools<br />
in the hands <strong>of</strong> citizens. It not only helps them fight<br />
corruption and arbitrary exercise <strong>of</strong> power in the structures<br />
<strong>of</strong> government, but also to participate in governance.<br />
Communication facilities help better governance<br />
iv.<br />
v<br />
by fostering better relations between the public administration<br />
and citizens. Similarly cheaper governance<br />
through replacement <strong>of</strong> paper by electronic means <strong>of</strong><br />
exchanging information can be achieved by communication<br />
facilities. Governance can also be made more<br />
effective by reducing the response time <strong>of</strong> the government<br />
to local issues.<br />
Creation <strong>of</strong> New Income Generating Activities: ICT increases<br />
productivity and extends the sphere <strong>of</strong> economic activity<br />
in rural areas. Communication facilities, combined with<br />
information technology, create new economic activities<br />
and opportunities for the educated rural youth (e.g., as<br />
tourist guides, ICT service centre operators, data processing<br />
pr<strong>of</strong>essionals and content developers etc.). It also<br />
increases the efficiency in performing existing activities<br />
by reducing the costs <strong>of</strong> transactions and processes. Thus<br />
the efficiency, especially <strong>of</strong> small business units in rural<br />
areas, is increased with the use <strong>of</strong> ICT.<br />
Empowerment <strong>of</strong> Women: A further crucial contribution<br />
is that information technology benefits women by improving<br />
access to information, which may lead to their<br />
empowerment and participation in economic and<br />
community activities.<br />
Critical Success Factors and<br />
Complementary Measures<br />
A few critical success factors and complementary measures<br />
needed to ensure the optimal impact <strong>of</strong> ICT in poverty<br />
alleviation require attention. As with other measures<br />
towards this end, effective design and management <strong>of</strong> the<br />
operational models <strong>of</strong> the ICT facilities themselves make<br />
for one critical factor. Developing adequate technical infrastructure<br />
viz., electricity, widespread use <strong>of</strong> computers<br />
and a legal framework that would support e-transactions<br />
have also been identified as critical factors, dependent in<br />
turn on providing sufficient funds for setting up and maintaining<br />
the ICT facilities.<br />
A set <strong>of</strong> complementary factors has also been identified in<br />
literature (World Bank 1999) for an effective ICT<br />
programme for alleviating rural poverty. These are .<br />
27
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
a. Basic Literacy and e-literacy: Basic education and knowledge<br />
<strong>of</strong> information technology among the rural<br />
population are keys to exploiting the benefits <strong>of</strong> ICT.<br />
b. Role <strong>of</strong> NGOs: Given the present status <strong>of</strong> the rural<br />
population in India, NGOs have a key role in educating<br />
and organising rural communities. They can also<br />
contribute to the development and deployment <strong>of</strong><br />
locally relevant contents/services and making use <strong>of</strong><br />
these services.<br />
c. Rural Access Roads: The information on market conditions<br />
need to be supported by rural access roads, which<br />
in turn help make use <strong>of</strong> the information accessed<br />
through communications.<br />
d. Availability <strong>of</strong> Energy: Energy, either conventional or<br />
non-conventional, needs to be available in the villages<br />
in order to provide reliable and uninterrupted communication<br />
facilities in the villages.<br />
e. Micro-credit schemes: Properly structured micro-credit<br />
schemes are required in order to help the population<br />
take up income generation activities with the help <strong>of</strong><br />
knowledge acquired through ICT.<br />
f. Legal, Institutional and Regulatory Framework: Lack <strong>of</strong> this<br />
framework could result in the lack <strong>of</strong> consumer confidence<br />
that will undermine the usage <strong>of</strong> these facilities.<br />
g. Content, applications: Information on livelihood or direct<br />
earnings makes people flock to ICT facilities.<br />
Therefore, applications <strong>of</strong> ICT that lead to income<br />
generation are a must for inducing people to use ICT<br />
facilities.<br />
h. Process re-engineering: Various departments <strong>of</strong> the government<br />
need to undergo a considerable process<br />
reengineering exercise to improve their own information<br />
processing methods and quality <strong>of</strong> services to introduce<br />
e-governance and citizen-centric services.<br />
It can be observed that there is some overlap in the critical<br />
success factors and complementary factors. Regardless <strong>of</strong><br />
classification, both sets <strong>of</strong> factors have a bearing on the<br />
use <strong>of</strong> ICT facilities for poverty alleviation. It would also<br />
be observed that basic telephony could contribute to the<br />
provision <strong>of</strong> some <strong>of</strong> the complementary factors like literacy<br />
(by making village postings more attractive to qualified<br />
teachers) and access roads (by facilitating better implementation<br />
and maintenance).<br />
Finally, the shift <strong>of</strong> population away from agriculture is an<br />
index <strong>of</strong> economic growth and poverty reduction. This shift<br />
has been very slow in India and the share <strong>of</strong> population dependent<br />
on agriculture was estimated at 52 percent in 2003. A<br />
significant contribution that communications can make towards<br />
the object <strong>of</strong> growth with poverty alleviation is in facilitating<br />
a speedier shift <strong>of</strong> agricultural population to productive<br />
employment in small and medium towns.<br />
Recent Initiatives in the Field<br />
There are both private and public initiatives to use ICTs<br />
for socio-economic purposes. Among the private initiatives,<br />
<strong>Indian</strong> Tobacco Company’s (ITC) ‘e-choupal’ project<br />
has attracted wide notice. The main objective <strong>of</strong> this project<br />
was to create a single point <strong>of</strong> contact for the farmers and<br />
suppliers <strong>of</strong> both agricultural inputs and consumer products<br />
initially and eventually to turn them into e-commerce<br />
hubs in rural areas. In accordance with these objectives, ‘echoupals’<br />
were designed to work as a combination <strong>of</strong> an<br />
Internet kiosk, village gathering place and e-commerce hub.<br />
‘e-choupals’ are now functional in the states <strong>of</strong> Madhya<br />
Pradesh, Uttar Pradesh, Andhra Pradesh and Karnataka.<br />
Further expansion is also taking place.<br />
Also notable among non-government initiatives is the ‘n-<br />
Logue’ scheme promoted by the <strong>Indian</strong> <strong>Institute</strong> <strong>of</strong> Technology,<br />
Madras. Internet centres set up under this project<br />
in some southern states cater to village needs in areas <strong>of</strong><br />
medicine, education, animal husbandry and bank credit.<br />
Among the public initiatives, the Gyandoot project was<br />
commissioned in the Dhar district <strong>of</strong> Madhya Pradesh in<br />
January 2000 by the district administration. Providing agriculture<br />
market information and interfacing the district administration<br />
with ordinary people are the main objectives<br />
<strong>of</strong> this project. The services <strong>of</strong>fered by the village outlets<br />
28
Information Communication Technology and Powerty Alleviation<br />
(‘Soochanalyas’) are applications for pensions, government<br />
schemes and grievances <strong>of</strong> citizens. The content was prepared<br />
in the local language. The experiment was not completely<br />
successful; bureaucratic problems eroded the<br />
project’s impact in respect <strong>of</strong> the goals it set out to achieve.<br />
However, similar experiments have been initiated in several<br />
other states on a pilot basis. The schemes in<br />
Maharashtra, Rajasthan and Kerala are well reported.<br />
Another notable experiment done by the central government<br />
is the Community Information Centre (CIC) Project<br />
that was started in January 2000 as a measure to speed up<br />
economic development in the north-east region. The main<br />
objective <strong>of</strong> the project was to help the north-eastern states<br />
to join the national socio-economic mainstream by providing<br />
internet connectivity and making the delivery <strong>of</strong><br />
citizen services efficient. In addition to Government to<br />
Citizen services, CICs provide Internet access and e-mail,<br />
printing, data entry and word processing and training facilities<br />
for the local population. An enlarged scheme that<br />
would extend to the whole country has also been announced.<br />
These facilities are bringing the remote and backward areas<br />
<strong>of</strong> the country closer to the national mainstream through<br />
efficient and faster information flow. The issue <strong>of</strong> the<br />
sustainability <strong>of</strong> these models in the long run has also been<br />
experimentally tested.<br />
29
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
Appendix III<br />
Type A, B, C Circles (For Award <strong>of</strong> Licenses)<br />
Type A Circle Type B Circle Type C Circle<br />
Andhra Pradesh Haryana Assam<br />
Gujarat Kerala Bihar<br />
Karnataka Madhya Pradesh Himachal Pradesh<br />
Maharashtra Punjab Orissa<br />
Tamil Nadu Rajasthan North East<br />
Uttar Pradesh (East)<br />
Uttar Pradesh (West)<br />
West Bengal<br />
30
Select <strong>Telecom</strong> Statistics<br />
Select <strong>Telecom</strong> Statistics<br />
Table 1. Number <strong>of</strong> Direct Exchange Lines (DELs)<br />
(As on 31st March)<br />
Circle/<br />
Metros<br />
DELs Including Junction<br />
91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-2000 2000- 01 2001-02 2002-03<br />
Andaman 0 0 0 0 3757 5077 6818 8272 15773 24463 30076 33034<br />
& Nicobar<br />
Andhra 340241 379892 443170 509027 647305 797326 1000423 1167419 1572399 2227487 2838418 3131544<br />
Pradesh<br />
Assam 40638 48742 60203 73653 86756 107051 139977 161531 211906 273068 338328 420942<br />
Bihar 108756 131670 166059 203248 247316 280431 345711 399093 502221 627400 891796 756842<br />
Chhattisgarh* 0 0 0 0 0 0 0 0 0 0 0 258196<br />
Gujarat 450799 496762 576037 658224 780731 915563 1130647 1292440 1547828 1921850 2398691 2833880<br />
Haryana 1113937 129884 153227 195020 242028 294514 357106 428395 524565 642001 794194 983896<br />
Himachal 33636 40658 47688 58697 80046 110258 145505 181886 225103 285130 346891 435642<br />
Pradesh<br />
Jammu and 28803 31809 34378 41627 46610 52598 72964 89362 107863 130021 173533 222811<br />
Kashmir<br />
Jharkhand* 0 0 0 0 0 0 0 0 0 0 0 372533<br />
Karnataka 332253 375043 434456 507995 527201 783697 1019176 1084019 1355084 1705139 2161583 2586724<br />
Kerala 260261 305605 377805 436741 644003 681234 887572 1227683 1464685 1829400 2256555 2690584<br />
Madhya 209860 278156 350693 452657 541276 622551 717844 1529555 1874903 2331793 2976906 1145511<br />
Pradesh<br />
Maharashtra 364662 431798 502692 610976 766734 984698 1290852 800784 941136 1095952 1263118 3643422<br />
North East-I 26881 32384 41584 50271 58960 75393 100643 116479 151595 195396 244670 169437<br />
North East-II* 0 0 0 0 0 0 0 0 0 0 0 119930<br />
Orissa 67799 80659 95742 116763 135401 166415 209996 266098 334273 423309 526416 641226<br />
Contd...<br />
31
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
Table 1 Contd...<br />
Orissa 67799 80659 95742 116763 135401 166415 209996 266098 334273 423309 526416 641226<br />
Punjab 208294 233827 267330 326338 427397 570966 745945 890495 1083964 1292252 1543449 1923014<br />
Rajasthan 154887 183899 233980 309115 393738 494410 645138 755560 927005 1109400 1326286 1591284<br />
Tamil Nadu 286632 312559 353875 417564 524308 671412 906317 1165806 1523415 1926967 2477366 2779709<br />
Uttar Pradesh 329301 390383 482973 542303 658593 393284 520852 686212 872897 1106574 1400258 1674579<br />
(East)<br />
Uttar Pradesh* 0 0 0 0 0 416645 534811 654547 809464 994004 1220249 1147714<br />
(West)<br />
Uttaranchal* 0 0 0 0 0 0 0 0 0 0 0 311753<br />
West Bengal 64257 68806 78550 92049 113145 159181 236358 314426 415851 541131 742905 992849<br />
Total 4421897 3952536 4700442 5602268 6925305 8582704 11014655 13220062 16461930 20682737 25951688 30867056<br />
Metros<br />
Chennai 174296 186473 208452 238879 282034 342382 468060 502616 625245 767863 919651 1024901<br />
(BSNL)<br />
Delhi 520562 605272 688830 813850 966940 1167010 1511130 1551111 1641503 1818236 1979856 2065803<br />
(MTNL)<br />
Kolkata 258882 274426 300634 335020 380407 445514 618385 672278 852598 1029121 1229637 1312532<br />
(BSNL)<br />
Mumbai 699097 791222 898390 1035569 1240618 1440785 1782181 1855629 2012410 2213388 2347302 2428183<br />
(MTNL)<br />
Total 1652837 1857393 2096306 2423318 2869999 3395691 4379756 4581634 5131756 5828608 6476446 6831419<br />
All India 6074734 5809929 6796748 8025586 9795304 11978395 15394411 17801696 21593686 26511345 32428134 37698475<br />
Source: DOT Annual Reports<br />
* Figures shown from the creation <strong>of</strong> new States/separation <strong>of</strong> Circles<br />
32
Select <strong>Telecom</strong> Statistics<br />
Table 2. Status <strong>of</strong> <strong>Public</strong> Telephone<br />
(As on 31st March <strong>of</strong> each year)<br />
Year Local PCOs Trunk PCOs 1 STD/ISD PCOs Highway PCOs Total 2<br />
1993 100,526 20,436 41,391 0 61,827<br />
1994 117,416 21,384 57,119 1,781 80,284<br />
1995 143,002 0 87,543 2,010 89,553<br />
1996 161,424 0 116,532 2,694 119,226<br />
1997 184,291 0 157,333 3,554 160,887<br />
1998 210,495 0 213,385 4,060 217,445<br />
1999 243,052 0 272,989 4,639 277,628<br />
2000 287,994 0 355,390 5,567 360,957<br />
2001 361,196 0 490,505 8,374 498,879<br />
1.<br />
Trunk PCOs have been merged into Local PCOs after 1994<br />
2.<br />
Totals <strong>of</strong> PCOs with STD facility<br />
Source: <strong>Indian</strong> <strong>Telecom</strong>munication Statistics 2002<br />
Table 3. Telephone Supply (Fixed Line Telephones – PSUs And Private)<br />
Year No. <strong>of</strong> Annual Waiting List Total Demand Annual Growth<br />
ended DELs (Supply) Growth (Million) (Supply + Total<br />
31 March (Million) (Percent) Waiting List) Demand<br />
(Million)<br />
(Percent)<br />
1991 5.07 10.6 1.96 7.04 11.6<br />
1992 5.81 14.5 2.29 8.1 15.1<br />
1993 6.8 17 2.85 9.64 19<br />
1994 8.03 18.1 2.5 10.52 9.1<br />
1995 9.8 22.1 2.15 11.95 13.6<br />
1996 11.98 22.3 2.28 14.26 19.3<br />
1997 14.54 21.4 2.89 17.43 22.3<br />
1998 17.8 22.4 2.71 20.51 17.7<br />
1999 21.59 21.3 1.98 23.58 15<br />
2000 26.51 22.8 3.68 30.19 28.1<br />
2001 32.44 22.3 2.92 35.35 17.1<br />
2002 37.70 16.2 1.69 39.39 11.4<br />
2003 40.75 8.1 1.81 42.56 8.1<br />
2004 43.23 6.1 1.79 45.02 5.7<br />
Source: <strong>Indian</strong> <strong>Telecom</strong>munication Statistics 2002<br />
Department <strong>of</strong> <strong>Telecom</strong> Annual Reports<br />
33
India’s <strong>Telecom</strong> <strong>Reform</strong>: A Chronological Account<br />
Table 4: FDI Inflow (Year-Wise) (Aug 1991 to December 2002 (Rs.in Millions)<br />
Year 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002<br />
Inflow 21 161 2,228 9,876 22,328 40,084 42,211 45,097 84,806 95,621<br />
Source: DOT Annual Report 2002-03<br />
Table 5: Villages Covered by Village <strong>Public</strong> Telephones<br />
As on<br />
31 March 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004<br />
Number 185,136 216,632 267,832 310,687 340,640 374,605 408,922 468,862 514,287 521,468<br />
Source: NCAER Centre for Infrastructure Data Base<br />
Table 6: Status <strong>of</strong> Mobile Phones and Internet<br />
Subscribers<br />
Year<br />
Mobile<br />
Phones<br />
Internet<br />
Subscribers<br />
1997-98 794,232 25,000<br />
1998-99 1,070,603 150,000<br />
1999-00 1,599,364 350,000<br />
2000-01 3,107,449 650,000<br />
2001-02 5,478,932 1,130,000<br />
2002-03 10,480,430 1,699,000<br />
2003-04 (Sept.) 18,306,142 2,942,000<br />
1.<br />
Source: www.coai.com,<br />
2.<br />
Source: www.exhange4media.com<br />
34
References<br />
Asian Development Bank (2001) Information and<br />
Communication Technology (ICT) Strategies for Developing<br />
Countries, Executive Summary <strong>of</strong> Proceedings, 21-27 February,<br />
Singapore.<br />
Bhatnagar, S., and Schware, R. (eds.)(2000) Information and<br />
Communication Technology in Development: Cases from<br />
India, Sage <strong>Public</strong>ations.<br />
Department <strong>of</strong> Information Technology (2005) E-Governance:<br />
Driving the Vision <strong>of</strong> the NCMP, Vision & Approach,<br />
Presentation made at 8 th National e-Governance Conference,<br />
3 rd -5 th February, Bhubaneswar, India.<br />
Hanna, Nangy K. (2003) Why National Strategies are Needed for<br />
ICT-Enabled Development, ISG Staff Working Paper, No.3.<br />
Heeks, Richard (2004) E-government for Development, Causes<br />
<strong>of</strong> e-Transparency Success and Failure: Factor Model, University<br />
<strong>of</strong> Manchester, UK<br />
<strong>Telecom</strong> Regulatory Authority <strong>of</strong> India (2004), “Growth <strong>of</strong><br />
<strong>Telecom</strong> Services in Rural India: The Way Forward”,<br />
Consultation Paper No.16/2004.<br />
Website <strong>of</strong> Gyandoot http://gyandoot.nic.in/<br />
Website <strong>of</strong> ITC E-Choupals, http://www.itcportal.com/sets/<br />
echoupal_frameset.htm<br />
World Bank (1999) Knowledge for Development, World<br />
Development Report 1998/99, Oxford University Press<br />
35
About the Series Editors<br />
Aasha Kapur Mehta is Pr<strong>of</strong>essor <strong>of</strong> Economics at the <strong>Indian</strong> <strong>Institute</strong> <strong>of</strong> <strong>Public</strong> <strong>Administration</strong>, New Delhi and leads the<br />
Chronic Poverty Research Centre’s work in India. She has a Masters from Delhi School <strong>of</strong> Economics, an M.Phil from<br />
Jawaharlal Nehru University and a PhD from Iowa State University, USA. She has been teaching since 1975, initially at<br />
a college <strong>of</strong> Delhi University and then at IIPA since 1986. She is a Fulbright scholar and a McNamara fellow. Her area<br />
<strong>of</strong> research is now entirely focused on poverty reduction and equity related issues.<br />
Pradeep Sharma is an Assistant Resident Representative and heads the <strong>Public</strong> Policy and Local Governance Unit in<br />
the India Country Office <strong>of</strong> United Nations Development Programme (UNDP). A post-graduate from University <strong>of</strong> East<br />
Anglia (UK) and Doctorate from Jawaharlal Nehru University, he has held several advisory positions in the Government<br />
<strong>of</strong> India and has taught economic policy at LBS National Academy <strong>of</strong> <strong>Administration</strong>, Mussoorie. He has several<br />
publications to his credit.<br />
Sujata Singh is an Associate Pr<strong>of</strong>essor at the <strong>Indian</strong> <strong>Institute</strong> <strong>of</strong> <strong>Public</strong> <strong>Administration</strong>. She completed her doctoral<br />
studies in <strong>Public</strong> <strong>Administration</strong> and <strong>Public</strong> Policy at Auburn University, USA. Her primary research interests are in the<br />
area <strong>of</strong> Comparative and Development <strong>Administration</strong>, <strong>Public</strong> Policy Analysis, Organizational Theory and Evaluation <strong>of</strong><br />
Rural Development Programmes.<br />
R.K. Tiwari is Senior Consultant, Centre for <strong>Public</strong> Policy and Governance, <strong>Institute</strong> <strong>of</strong> Applied Manpower Research,<br />
Delhi. He was formerly Pr<strong>of</strong>essor <strong>of</strong> <strong>Public</strong> <strong>Administration</strong> at the <strong>Indian</strong> <strong>Institute</strong> <strong>of</strong> <strong>Public</strong> <strong>Administration</strong> (IIPA), New<br />
Delhi. He received his education at Gwalior, Allahabad and Delhi. He has undertaken a number <strong>of</strong> research studies in<br />
Development <strong>Administration</strong>, Rural Development, Personnel <strong>Administration</strong>, Tribal Development, Human Rights and<br />
<strong>Public</strong> Policy. He has conducted consultancy assignments for the Department <strong>of</strong> Posts and in the Ministry <strong>of</strong> Rural<br />
Development, Government <strong>of</strong> India; and for the Government <strong>of</strong> Orissa and the Narmada Planning Agency, Government<br />
<strong>of</strong> Madhya Pradesh. He has published several books.