TelecomLive January-2019

DoT notifies rules www.telecomlive.com 49 Telecom LIVE January 2019 service or NLD service, h a v i n g s a t e l l i t e gateway earth station within service area of partnering licensee as referred to in clause (a), in case connectivity through satellite is used. (6) For providing voice and data service, the companies referred to in sub-rule (2), shall enter into a commer- cial agreement with at least one licensee of – (a) access service; and (b) commercial VSAT CUG service or NLD service, h a v i n g s a t e l l i t e gateway earth station within the service area of partnering licensee of access service, in c a s e c o n n e c t i v i t y through satellite is used. 6. Application for obtain- ing authorisation to provide IFMCservice.– (1) Any eligible licensee or company referred to in sub- rules (1) and (2) of rule 5, shall make an application in the formas per Annexure appended to these rules, to DoT for obtaining the authorisation to provide IFMC service. (2) The applicant under sub- rule (1) shall pay non- refundable application processing fee as per the details given in the said a p p l i c a t i o n f o r m a t Annexure. (3) The DoT, if the application is found in order in all respects, shall grant the a u t h o r i s a t i o n t o t h e applicant under sub-rule ( 1 ) , t o p r o v i d e I FMC service. 7. V a l i d i t y . – T h e author i sa t i on grant ed under sub-rule (3) of rule 6 shall be valid for a period of ten years from the date of its grant. specified in clause (a), in case connectivity through satellite is used. (2) The following companies shall also be eligible to apply for authorisation to provide IFMC service by entering into commercial agreements as referred to in sub-rule (5) and (6), namely:- (a) Indian airlines com- pany or foreign airlines c o m p a n y h a v i n g permission to enter Indian airspace by the Directorate General of Civil Aviation; (b) any Indian shipping company or foreign s h i pp i ng c ompany whose vessels or ships call Indian ports or transit Indian territo- rial waters and intend to carry out communi- cation for non-GMDSS ( G l o b a l Ma r i t i me Distress and Safety System) [routine] or f o r c o m m e r c i a l purpose; and (c) any company incorpo- r a t e d u n d e r t h e Companies Act, 2013 (18 of 2013) or under any previous company law. (3) A licensee referred to in sub-rule (1), may provide vo i ce or da t a or both services in accordance with the scope of the license, held by it. (4) Da t a s e r v i c e ma y b e provided by the IFMC service provider through WiFi. (5) For providing data service, the companies referred to in sub-rule (2), shall enter into a commercial agree- ment with at least one licensee of – (a) access service or ISP categoryA; and (b) commercial VSAT CUG 3. Appl icabil ity : – The IFMC service provider, shall establish, maintain and work telegraph to provide wireless voice or d a t a o r b o t h t y p e o f telegraph messages on s h i p s w i t h i n I n d i a n territorial waters and on aircraft within or above India or Indian territorial waters. 4. IFMCstandards .– (1) The Aircraft Earth Station or Earth Station in Motion established by an IFMC s e r v i c e p r o v i d e r f o r providing the IFMC service s h a l l c o n f i rm t o t h e applicable standards set by International standardisa- t i on bod i e s , s u c h a s , International Telecommu- nications Union (ITU), European Telecommunica- tions Standards Institute ( E T S I ) , I n s t i t u t e o f Electrical and Electronics Engineers (IEEE); or set by International fora such as rd 3 Generation Partnership Project (3GPP). (2) IFMC commun i ca t i on systems using Direct-Air- to-Ground Communica- tions (DA2GC) shall be permitted to be used for in F l i g h t C o n n e c t i v i t y , p r o v i d e d t h e y a r e i n compliance of standards set by the international bodies referred to in sub- rule (1). 5. Eligibility.– (1) A licensee shall be eligible to apply for authorisation to provide IFMC service if it – (a) holds a license for access service or an ISP categoryA license; and (b) holds anNLD license or a commercial VSAT CUG service license, a n d h a s s a t e l l i t e gateway earth station within the service area o f t h e l i c e n s e a s Extract of notification dated Dec 14, 2018