DoT invites comments on draft revision of wireless telegraphy rules

The Department of Telecommunications (DoT) on April 06, 2022 has issued a notification to seek comments on Draft revision of Indian wireless telegraphy (possession) rules 1965.

The foremost provisions of the draft are as followed:

• Licensing Requirements. Save as provided in rule 6, no person shall possess a wireless telegraphy apparatus except under and in accordance with a license issued under these rules.

No dealer shall sell or hire a complete wireless set to any person/ entity, unless such person/ entity produces before the dealer a valid license in such person/ entity’s own name either under these rules to possess a wireless telegraphy apparatus or, Decision- to-Grant License (D-L)’ or ‘Frequency Authorisation’ issued prior to granting a license under the Indian Telegraph Act, 1885 (13 of 1885), to establish, maintain and work a wireless telegraph. The requisite license can be applied and obtained through online

or through any other means as specified by the Licensing Authority from time to time.

Provided that this sub-rule shall not apply when the person purchasing or hiring the wireless set is not resident in India and is purchasing the wireless set for use outside India.

• Eligibility: For license issued under these rules- to a person/ entity other than a Dealer:

• any person who is a citizen of India;
• who is in possession of a license issued under the Indian Telegraph Act, 1885;

For license issued under these rules- to a Dealer:

No person/ entity shall be granted a license under these rules unless that person/ entity is a company registered with Ministry of Corporate Affairs; OR

• an LLP registered with Ministry of Corporate Affairs; OR
• a sole proprietorship or partnership having valid Trade License issued by Municipality/
• Corporation/ Local Bodies or any other appropriate authority;

Provided that  any person/ entity shall not be eligible for a license if it already possesses a license under these rules;

Provided further that any person/ entity to whom a license under these rules granted earlier, has been cancelled in the last 5 years (with effect from the date of ap- plication) shall not be eligible for any license under these rules. Under such a case, the promoter (s)/ partner(s) of such entity shall also not be eligible for getting a license under these rules;

• Dealer’s Responsibilities. – (1) Every dealer shall maintain a stock register:
• in prescribed format, namely, Form III in respect of complete wireless sets coming
• into his possession;
•  in Form IV in respect of complete wireless sets received for repairs;
•  in Form V in respect of complete wireless sets given for demonstration at the residences of prospective customers in accordance with the provisions of Demonstration License issued to him under the Indian Telegraph Act, 1885 and shall cause to be entered therein the relevant particulars whenever any complete set comes into his possession or is sold otherwise transferred or delivered by him.

The Register in Form III and the documents mentioned in columns 7 and 12 thereof shall be preserved for a period of five years after the date of sale or hire of the last set entered therein.

The Registers in Forms IV and V shall be preserved for a period of one year after the date of last entry in the relevant register.

Every licensee under these rules, who is a dealer, shall file annual return to the Licensing Authority, through online or any other means as specified by the Licensing Authority, about the details of complete wireless sets maintained in the aforementioned registers i.e., Form-III, IV & V on or before 31st July of the year, for the preceding financial year i.e., year ending 31st March. Non-filing of annual return within the specified time limit shall be treated as breach of license terms and conditions and action, as appropriate under these rules may be initiated thereupon.

Every dealer, to whom a license is granted/ renewed under these rules, shall display the license in a conspicuous place in the premises where the licensee carries on business.

• Offence and penalty. – Any breach of these rules other than a breach punishable under section 6 of the Act, shall be punishable with fine, which may extend up to the maximum amount specified in the Act.
• Surrender: The license can be surrendered by the licensee at any point of time by informing the license issuing office through online or any other means as specified by the Licensing Authority, after disposing of the equipments in stock as per specified procedure.

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