TelecomLive January-2019

DoT notifies rules www.telecomlive.com 50 Telecom LIVE January 2019 Government or a State Government. (3) For establishing connectiv- ity to a centralised moni- toring system, the IFMC service provider at its own cost shall arrange either itself or through its part- nering licensee, appropri- ately dimensioned hard- ware and bandwidth or dark fibre upto a desig- nated point as required by theDoT. (4) The IFMC service provider shall make arrangement for monitoring of telegraph message in en clair form either itself or through its partnering licensee. (5) Any service permitted under these rules, shall be commenced by the IFMC service provider only after giving an intimation to do so to the DoT: Provided t h a t t h e mo n i t o r i n g facilities as specified in sub-rule (2), (3) and (4) shall have to be demon- strated by the IFMC service provider to the DoT, within ninety days from the date of intimation. 14. Fee.– (1) The IFMC service provider shall pay annual fee of one rupee to be paid on annual basis to the DoT through Bharatkosh. (2) The fee as specified in sub- rule (1), is in addition to the s a t e l l i t e b a n d w i d t h cha r ge s , l i c ens e f ee s , spectrum charges and such other charges which are to be paid by the telecom l i c e n s e e s u n d e r t h e respective licenses. (3) Revenue earned by the partnering licensee from IFMC service providers or by the licensee providing IFMC services, shall be i nc l uded i n the gros s revenue of the licensee, for the purpose of license fee a n d s p e c t r um u s a g e charges. nected with the NLD or a c c e s s s e r v i c e o r I SP licensee's network for further delivery of service. 12. Satellite system.– (1) The IFMC service provider shall be permitted to use either Indian satellite system or foreign satellite s y s t em c ap a c i t y du l y authorised through the Department of Space. (2) Spectrumneutral approach shall be adopted in satellite system being used for providing IFMC services. (3) The IFMC service provider or its partnering licensee shall acquire the right to use radio spectrum with f requency as s i gnment made byWPCWing of DoT. (4) The IFMC service provider or its partnering licensees s h a l l o b t a i n S A C F A clearance and Wireless Operating License, for satellite gateway earth s t a t i o n s , w h e r e v e r required. (5) The DoT shall have right to inspect as well as monitor on board radio stations or satellite gateway earth stations to ensure compli- ance of technical parame- ters. (6) A telecom licensee shall be permitted to use satellite b a n d w i d t h a l r e a d y assigned to it, for the provision of IFMC services. 13. Monitoring or inter- ception.– (1) The designated authority, shall have the right to monitor or intercept the telegraph message passing through the IFMCnetwork. (2) The hardware and software required for lawful inter- ception and monitoring of telegraph message shall be arranged by the IFMC service provider either itself or through its part- nering licensee at the premises of designated authorities of the Central 9. Restrictions.– (1) The IFMC service provider shall provide the operation of mobile communication serv i ces in a i rcraf t at minimum height of 3000 meters in Indian airspace to avoid interference with terrestrial mobile net- works. (2) Internet services through WiFi in aircraft shall be mad e a v a i l a b l e wh en e l ec t roni c dev i ces are permitted to be used only in airplanemode. 10. R e g u l a t o r y p r o v i- sions.– (1) The regulatory permissions under these rules shall be same for both, Indian registered airlines or ships and foreign registered airlines or ships offering IFMC services. (2) These rules shall also be applicable for business jets, executive aircraft and yachts. (3) Themodification of aircraft registered in India, to provide IFMC facility, shall be approved by the Direc- torate General of Civil Aviation as per the Aircraft Rules, 1937. (4) There shall be separate infrastructure for IFMC and navigation system in aircraft and ships to avoid interference. (5) IFMC shall be in exclusive control of the pilot or captain of the aircraft or ship to enable him to turn off the connectivity during any adverse condition. 11. Location of satellite gateway earth station.– In case of using satellite system for providing IFMC services, the telegraph message shall be passed t h r ou g h t h e s a t e l l i t e ga t eway ear th s t a t i on located within India, as specified in rule 5 and such satellite gateway earth stations shall be intercon-