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GOVERNMENT’S INSTITUTIONAL STRUCTURE

GOVERNMENT’S INSTITUTIONAL STRUCTURE. TWO DIFFERENT DEPARTMENTS OF THE GOVERNMENT OF INDIA GOVERN THE TELECOMMUNICATIONS SECTOR AND THE INFORMATION TECHNOLOGY SECTOR THESE TWO DEPARTMENTS (ALONG WITH DEPARTMENT OF POSTS) ARE PLACED UNDER THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

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GOVERNMENT’S INSTITUTIONAL STRUCTURE

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  1. GOVERNMENT’S INSTITUTIONAL STRUCTURE

  2. TWO DIFFERENT DEPARTMENTS OF THE GOVERNMENT OF INDIA GOVERN THE TELECOMMUNICATIONS SECTOR AND THE INFORMATION TECHNOLOGY SECTOR • THESE TWO DEPARTMENTS (ALONG WITH DEPARTMENT OF POSTS) ARE PLACED UNDER THE MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY • A MINISTER OF CABINET RANK ASSISTED BY TWO MINISTERS OF STATE ADMINISTER THE MINISTRY OF C&IT.

  3. REGULATORY FUNCTIONS ARE LOOKED AFTER BY A TWIN BODY REGULATOR - ONE WITH REGULATORY POLICY RECOMMENDATORY/STATUTORY POWERS AND THE OTHER AS AN APELLATE TRIBUNAL

  4. LEGAL FRAMEWORK

  5. TELECOM SECTOR IS GOVERNED BY A SET OF LAWS AND RULES AND REGULATIONS FRAMED UNDER THESE LAWS • INDIAN TELEGRAPH ACT 1885 • THIS IS THE BASIC LEGISLATION WHICH OVER ARCHES ALL SUBSEQUENT LEGISLATION, RULES AND REGULATIONS • THOUGH A CENTURY OLD LAW, IT ESSENTIALLY PROVIDES THE LEGAL BASIS FOR THE GOVERNMENT AS THE SOVEREIGN TO PROVIDE THE TELECOMMUNICATION SERVICES IN THE COUNTRY EITHER DIRECTLY OR THROUGH LICENSING OF OPERATORS

  6. IT EMPOWERS THE GOVERNMENT TO ISSUE RULES AND REGULATIONS FOR GOVERNANCE OF THE SECTOR FROM TIME TO TIME WITHOUT EACH TIME REQUIRING A REFERENCE BACK TO THE PARLIAMENT FOR AMENDMENT OF THE ACT

  7. INDIAN WIRELESS ACT 1933 • THIS LAW IS MEANT TO REGULATE THE POSSESSION AND USE OF WIRELESS TELEGRAPHY APPARATUS, DEFINED AS ANY APPARATUS, APPLIANCE, INSTRUMENT OR MATERIAL USED OR CAPABLE OF USE IN WIRELESS COMMUNICATION • SPECTRUM ISSUES ARE GOVERNED UNDER THE WIRELESS ACT

  8. Telecom Regulatory Authority of India (TRAI) Act 1997 and the Telecom Regulatory Authority of India (Amendment) Ordinance 2000 (together, the “TRAI Act”) • UNDER THE 1997 VERSION OF THIS ACT, A REGULATORY AUTHORITY SEPARATE FROM A DEPARTMENT OF THE GOVERNMENT WAS CREATED WITH CLEARLY DELINEATED STATUTORY POWERS AND RECOMMENDATORY POWERS

  9. TRAI INITIALLY HAD QUASI-JUDICIARY POWERS ALSO • WITH THE ISSUE OF AMENDMENT IN 2000, THE QUASI-JUDICIARY POWERS WERE VESTED IN A SEPARATE TELECOM DISPUTES SETTLEMENT AND APELLATE TRIBUNAL (“TDSAT”) • UNDER THIS ARRANGEMENT, THE REGULATIONS, DIRECTIONS AND DECISIONS OF TRAI CAN BE APPEALED IN THE TDSAT

  10. A SERIES OF AMENDMENTS TO THE ACT AND THE CORRESPONDING RULES WERE ISSUED FROM 2004 TO 2008 IN RELATION TO THE CREATION AND ADMINISTRATION OF THE UNIVERSAL SERVICE OBLIGATION FUND (“USOF”)

  11. THE INFORMATION TECHNOLOGY SECTOR IS ESSENTIALLY GOVERNED THROUGH ONE LAW –THE IT ACT- AND ITS AMENDMENTS • THE INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008 • THE ORIGINAL LEGISLATION PROVIDES LEGAL RECOGNITION FOR TRANSACTIONS CARRIED OUT BY MEANS OF ELECTRONIC DATA INTERCHANGE AND OTHER MEANS OF ELECTRONIC COMMUNICATION, COMMONLY REFERRED TO AS "ELECTRONIC COMMERCE", AND IS MEANT TO FACILITATE ELECTRONIC FILING OF DOCUMENTS WITH THE GOVERNMENT AGENCIES

  12. IT ENCOMPASSES AMENDMENTS TO SOME OTHER LEGISLATION WHICH HAVE A BEARING ON ELECTRONIC COMMERCE • THE 2008 AMENDMENT INCORPORATES CERTAIN MODIFICATIONS, INCLUDING MAKING THE LEGISLATION TECHNOLOGY NEUTRAL, MAKING PROVISIONS TO ENABLE PUBLIC- PRIVATE PARTNERSHIP IN E-GOVERNANCE, PROVISIONS TO ENHANCE DATA PROTECTION AND PRIVACY, MORE STRINGENT PROVISIONS AGAINST OBSCENITY AND CHILD PORNOGRAPHY, AND MODIFICATION TO THE EXTENT OF LIABILITIES OF INTERMEDIARIES ON THE LINES OF EU DIRECTIVES

  13. THERE IS ONE MORE ACT – THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT DESIGN ACT, 2000 WHICH EMPOWERS THE IT DEARTMENT TO SECURE THE IPRs OF ICs.

  14. ICT INSTITUTIONAL FRAMEWORK

  15. DEPARTMENT OF TELECOMMUNICATIONS (DOT) • DOT ADMINISTERS THE TELECOMMUNICATION SECTOR • LOOKS AFTER POLICY FORMULATION, LICENSING AND SPECTRUM MANAGEMENT, ADMINISTRATIVE MONITORING OF STATE OWNED ENTITIES, RESEARCH & DEVELOPMENT, AND STANDARDISATION & VALIDATION OF EQUIPMENTS

  16. TELECOM COMMISSION UNDER THE MINISTRY OF C&IT • ADVISES MINISTER ON POLICY ISSUES • HELPS IN SPEEDY FORMULATION OF POLICIES • CONSTITUTION OF TELECOM COMMISSION: • CHAIR – SECRETARY,DOT • FOUR FULL TIME MEMBERS – THREE TECHNICAL ONE FINANCE • FOUR PART TIME MEMBERS – SECRETARIES OF FOUR OTHER DEPARTMENTS OF GOI

  17. OBJECTIVE OF THE BODY IS TO ACHIEVE SPEEDY INTER-MINISTERIAL CONSULTATION FOR HOLISTIC POLICY FORMULATION

  18. SPECTRUM MANAGEMENT FUNCTION IS CARRIED OUT BY THE WIRELESS PLANNING AND COORDINATION (WPC) AGENCY WHICH REPORTS TO ONE OF THE PERMANENT MEMBERS OF THE TELECOM COMMISSION • THE FUNDING OF RURAL TELECOM ACTIVITIES IS CARRIED OUT BY THE UNIVERSAL SERVICE OBLIGATION FUND (USOF) ADMINISTRATOR WHICH HAS BEEN CREATED AS AN ATTACHED OFFICE OF THE DOT

  19. DEPATMENT OF INFORMATION TECHNOLOGY (DIT) • FORMULATES IT SECTOR POLICIES • ADMINISTERED BY A SECRETARY TO GOI ASSISTED BY DIVISIONAL AND SECTION HEADS FOR COMPONENTS SUCH AS e-GOVERNANCE,DEVELOPMENT OF IT ENABLED SERVICES (ITeS),ELECTRONIC SIGNATURES ADMINISTRATION, etc.,

  20. KEY ACTIVITIES INCLUDE SOFTWARE DEVELOPMENT PARKS, PROJECT ON e-GOVERNANCE, DIGITAL SIGNATURE, ETC. • DIT WORKS IN CLOSE COOPERATION WITH PRIVATE SECTOR FOR PROMOTION OF SOFTWARE AND ITeS

  21. REGULATORY BODIES: • TELECOM REGULATORY AUTHORITY OF INDIA (TRAI): • TRAI IS A FIVE MEMBER BODY WITH CHAIRMAN AND TWO FULL TIME MEMBERS AND TWO PART TIME MEMBERS • ON POLICY AND LICENSENSING ISSUES, IT HAS RECOMMENDATORY POWERS • ON ISSUES SUCH AS TARIFFS, ENSURING COMPLIANCE OF LICENSE CONDITIONS, etc. IT HAS STATUTORY POWERS

  22. TELECOM DISPUTE SETTLEMENT AND APELLATE TRIBUNAL (TDSAT) • TDSAT HAS JUDICIAL POWERS AND ISSUES JUDGEMENTS ON DISPUTES BETWEEN SERVICE PROVIDERS OR SERVICE PROVIDER AND GOVERNMENT OR A GROUP OF CUSTOMERS AND A SERVICE PROVIDER • APPEALS AGAINST TRAI DIRECTIONS, REGULATIONS, ETC. LIE IN THE JURISDICTION OF TDSAT

  23. Thanks

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