Post by Madhav Ganesh on Dec 12, 2006 18:48:44 GMT 5
CHAPTER I
PRELIMINARY
1. Short title and extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF USE OF SPECTRUM, COMMUNICATION SERVICES, NETWORK FACILITES, AND WIRELESS EQUIPMENT.
3.Prohibition of use of spectrum without assignment
4.Prohibition of provision of certain services without a license
5.Prohibition of possession of wireless equipment without a license
CHAPTER III
COMMUNICATIONS COMMISSION OF INDIA
6.Establishment of Commission
7. Appointment of Chairperson and Members.
8.Term of office of Chairperson and Members.
8A.Removal from office of Chairperson and Members
9.Salary and allowances of Chairperson and Members
10. --------
11.Vacancy or defect not to invalidate proceedings.
12. Functions of Regional Offices
13.Meetings of Commission.
14. Power of Commission to regulate its procedure.
15.Secretary-General of the Commission.
16. -----------
17A. Delegation of powers
18. Distribution of business and authorisation.
CHAPTER IV
OBJECTIVES OF THE COMMISSION
19. Objectives and guiding principles
CHAPTER V
POWERS, DUTIES AND FUNCTIONS OF THE COMMISSION
20. Powers, duties and functions of the Commission.
21. Codes and Standards
22.Hearing of complaints and resolution of disputes by the Commission in certain cases
23. Directives by the Central Government.
CHAPTER VI
FREQUENCY SPECTRUM MANAGEMENT
24. Spectrum Management Committee
25. Commission to notify schemes for assignment of spectrum
CHAPTER VII
LICENSES FOR COMMUNICATION SERVICES AND NETWORK INFRASTRUCTURE FACILITIES
26. Licenses for service providers
27. Period and form of license
28. Duties of service providers
29. Certain Agreements to be registered with the Commission
CHAPTER VIII
LICENSING OF POSSESSION OF WIRELESS EQUIPMENT
30.License for wireless equipment
CHAPTER IX
SPECIAL PROVISION IN RESPECT OF CERTAIN SERVICES
31. ---------
32. Provision for live broadcasting of certain events.
CHAPTER X
PENALTIES AND ADJUDICATION
33. Penalty for breach of terms and conditions of license
34. Penalty for wilfully or negligently damaging network infrastructure facility or wireless equipment and causing interruption.
35. Penalty for transmission, distribution etc. in contravention of the provisions or without license.
36. Penalty for delivery through facilities or equipment not licensed under the Act.
37. Penalty for failure to register agreements
38. Penalty for failure to comply with the decision, direction or orders of the Commission.
39. Filing of complaint, limitation, form, reference for adjudication including suo motu reference by Commission.
40. Power to adjudicate.
41. Factors to be taken into account by the adjudication officer.
42. Breach of terms and conditions of license
CHAPTER XI
COMMUNICATIONS APPELLATE TRIBUNAL
43. Establishment of Communications Appellate Tribunal.
44. Composition of Appellate Tribunal.
45. Qualification, tenure, salary and allowances, vacancy of the Chairperson and Members of the Appellate Tribunal.
46.Tenure of Chairperson and Members.
47.Distribution of business, transfer of cases, difference in opinion by Members.
48.Officers and Employees of the Appellate Tribunal, their salaries and allowances.
49. Procedure and powers of civil court
50. Appearances before AppellateTribunal
51. Appeals.
52. Execution of orders.
53. Penalty for failure to obey with the decision or orders of the Appellate Tribunal
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
54. Proceeds of licence fee
55. Formation of Communications Commission and Appellate Tribunal Fund
56. Grants
57. Application of funds
58. Accounts and Audit
58A. Annual Reports and its laying
CHAPTER XIII
RIGHT OF WAY FOR LAYING CABLES AND ERECTION OF POSTS
59. User rights over land
60.Rights of public authority to grant permission subject to conditions.
61. Special provisions for removal or alteration of cable or post.
62. Disputes between the service provider and owner of the property.
62A. Use of private land
62B. Power of Commission over property not vested in or under the control or management of a public authority
CHAPTER XIV
INTERCEPTION OF COMMUNICATION AND PUNISHMENT FOR UNLAWFUL INTERCEPTION
63. Interception of communication and safeguards against misuse
CHAPTER XV
OFFENCES AND PUNISHMENT
64. Punishment for provision of unlicensed services
65. Punishment for possession of wireless equipment or use of spectrum in contravention of the Act
66. Punishment for sending obscene or offensive messages
67. Attempt to commit offence
68. Court competent to try offences.
69. Offences to be cognizable.
CHAPTER XVI
MISCELLANEOUS
72. Taking over control and management of Communication Service or network infrastructure facility in public interest.
73. Obligation of licensees.
74. Offences by companies
75. Licenses to operate wireless equipment onboard ships and aircrafts.
76. Recovery of penalty
77. Supply of information to investigating agencies.
78. Act not to apply in certain cases.
79. Civil courts not to have jurisdiction
80. Chairman, Members etc. to be public servants.
81. Protection of action taken in good faith.
82. Overriding Provision
83. Power of Central Government to make rules.
84. Power of the Commission to make regulations
85 Laying of rules and regulations.
86. Power to remove difficulties.
APPENDIX
Description of network infrastructure facilities and communication services covered under various categories of licences
(1) Network infrastructure facilities include all of the following network facilities:
(a) earth stations;
(b) fixed links and cables;
(c) public payphone facilities;
(d) radio-communications transmitters and links;
(e) satellite hubs; or
(f) towers, poles, ducts and pits used in conjunction with other network facilities.
(2) Network services may include all of the following network services.
(a) bandwidth services;
(b) broadcasting distribution services;
(c) cellular mobile services;
(d) customer access services; or
(e) mobile satellite services.
(3) Applications Services include or all of the following applications services
(a) PSTN telephony;
(b) Public cellular telephony services;
(c) IP telephony;
(d) Public payphone service; or
(e) Public switched data service.
(4) Content applications services may include all of the following content applications services.
(a) satellite broadcasting;
(b) subscription broadcasting;
(c) terrestrial free to air TV broadcasting;
(d) terrestrial radio broadcasting.
PRELIMINARY
1. Short title and extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF USE OF SPECTRUM, COMMUNICATION SERVICES, NETWORK FACILITES, AND WIRELESS EQUIPMENT.
3.Prohibition of use of spectrum without assignment
4.Prohibition of provision of certain services without a license
5.Prohibition of possession of wireless equipment without a license
CHAPTER III
COMMUNICATIONS COMMISSION OF INDIA
6.Establishment of Commission
7. Appointment of Chairperson and Members.
8.Term of office of Chairperson and Members.
8A.Removal from office of Chairperson and Members
9.Salary and allowances of Chairperson and Members
10. --------
11.Vacancy or defect not to invalidate proceedings.
12. Functions of Regional Offices
13.Meetings of Commission.
14. Power of Commission to regulate its procedure.
15.Secretary-General of the Commission.
16. -----------
17A. Delegation of powers
18. Distribution of business and authorisation.
CHAPTER IV
OBJECTIVES OF THE COMMISSION
19. Objectives and guiding principles
CHAPTER V
POWERS, DUTIES AND FUNCTIONS OF THE COMMISSION
20. Powers, duties and functions of the Commission.
21. Codes and Standards
22.Hearing of complaints and resolution of disputes by the Commission in certain cases
23. Directives by the Central Government.
CHAPTER VI
FREQUENCY SPECTRUM MANAGEMENT
24. Spectrum Management Committee
25. Commission to notify schemes for assignment of spectrum
CHAPTER VII
LICENSES FOR COMMUNICATION SERVICES AND NETWORK INFRASTRUCTURE FACILITIES
26. Licenses for service providers
27. Period and form of license
28. Duties of service providers
29. Certain Agreements to be registered with the Commission
CHAPTER VIII
LICENSING OF POSSESSION OF WIRELESS EQUIPMENT
30.License for wireless equipment
CHAPTER IX
SPECIAL PROVISION IN RESPECT OF CERTAIN SERVICES
31. ---------
32. Provision for live broadcasting of certain events.
CHAPTER X
PENALTIES AND ADJUDICATION
33. Penalty for breach of terms and conditions of license
34. Penalty for wilfully or negligently damaging network infrastructure facility or wireless equipment and causing interruption.
35. Penalty for transmission, distribution etc. in contravention of the provisions or without license.
36. Penalty for delivery through facilities or equipment not licensed under the Act.
37. Penalty for failure to register agreements
38. Penalty for failure to comply with the decision, direction or orders of the Commission.
39. Filing of complaint, limitation, form, reference for adjudication including suo motu reference by Commission.
40. Power to adjudicate.
41. Factors to be taken into account by the adjudication officer.
42. Breach of terms and conditions of license
CHAPTER XI
COMMUNICATIONS APPELLATE TRIBUNAL
43. Establishment of Communications Appellate Tribunal.
44. Composition of Appellate Tribunal.
45. Qualification, tenure, salary and allowances, vacancy of the Chairperson and Members of the Appellate Tribunal.
46.Tenure of Chairperson and Members.
47.Distribution of business, transfer of cases, difference in opinion by Members.
48.Officers and Employees of the Appellate Tribunal, their salaries and allowances.
49. Procedure and powers of civil court
50. Appearances before AppellateTribunal
51. Appeals.
52. Execution of orders.
53. Penalty for failure to obey with the decision or orders of the Appellate Tribunal
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
54. Proceeds of licence fee
55. Formation of Communications Commission and Appellate Tribunal Fund
56. Grants
57. Application of funds
58. Accounts and Audit
58A. Annual Reports and its laying
CHAPTER XIII
RIGHT OF WAY FOR LAYING CABLES AND ERECTION OF POSTS
59. User rights over land
60.Rights of public authority to grant permission subject to conditions.
61. Special provisions for removal or alteration of cable or post.
62. Disputes between the service provider and owner of the property.
62A. Use of private land
62B. Power of Commission over property not vested in or under the control or management of a public authority
CHAPTER XIV
INTERCEPTION OF COMMUNICATION AND PUNISHMENT FOR UNLAWFUL INTERCEPTION
63. Interception of communication and safeguards against misuse
CHAPTER XV
OFFENCES AND PUNISHMENT
64. Punishment for provision of unlicensed services
65. Punishment for possession of wireless equipment or use of spectrum in contravention of the Act
66. Punishment for sending obscene or offensive messages
67. Attempt to commit offence
68. Court competent to try offences.
69. Offences to be cognizable.
CHAPTER XVI
MISCELLANEOUS
72. Taking over control and management of Communication Service or network infrastructure facility in public interest.
73. Obligation of licensees.
74. Offences by companies
75. Licenses to operate wireless equipment onboard ships and aircrafts.
76. Recovery of penalty
77. Supply of information to investigating agencies.
78. Act not to apply in certain cases.
79. Civil courts not to have jurisdiction
80. Chairman, Members etc. to be public servants.
81. Protection of action taken in good faith.
82. Overriding Provision
83. Power of Central Government to make rules.
84. Power of the Commission to make regulations
85 Laying of rules and regulations.
86. Power to remove difficulties.
APPENDIX
Description of network infrastructure facilities and communication services covered under various categories of licences
(1) Network infrastructure facilities include all of the following network facilities:
(a) earth stations;
(b) fixed links and cables;
(c) public payphone facilities;
(d) radio-communications transmitters and links;
(e) satellite hubs; or
(f) towers, poles, ducts and pits used in conjunction with other network facilities.
(2) Network services may include all of the following network services.
(a) bandwidth services;
(b) broadcasting distribution services;
(c) cellular mobile services;
(d) customer access services; or
(e) mobile satellite services.
(3) Applications Services include or all of the following applications services
(a) PSTN telephony;
(b) Public cellular telephony services;
(c) IP telephony;
(d) Public payphone service; or
(e) Public switched data service.
(4) Content applications services may include all of the following content applications services.
(a) satellite broadcasting;
(b) subscription broadcasting;
(c) terrestrial free to air TV broadcasting;
(d) terrestrial radio broadcasting.
