Draft Rules Issued to Regulate Radio Equipment Possession Under New Telecommunication Act

The Ministry of Communications, Department of Telecommunications, recently published the draft Telecommunications (Radio Equipment Possession Authorisation) Rules, 2025, through a notification dated February 27, 2025. These draft rules are proposed by the Central Government under the powers conferred by clause (c) to sub-section (1) of section 3, read with clause (a) to sub-section (2) of section 56 of the Telecommunication Act, 2023 (44 of 2023). The notification serves to inform all potentially affected persons and invites objections or suggestions within thirty days from the date copies of the notification are made available to the public. These rules, once finalised, are intended to come into force on the date of their publication in the Official Gazette and will supersede the Indian Wireless Telegraphy (Possession) Rules, 1965, along with all existing office orders or memorandums on the subject. However, they will not override actions taken or omitted before such supersession, nor will they immediately override the terms of existing authorisations for radio equipment possession until their expiry or migration under the new Act.

The draft rules establish a comprehensive framework for the possession of radio equipment, mandating a "Radio Equipment Possession Authorisation" (REPA) for all persons, unless specifically exempted. This authorisation is categorised into two types: Dealer Possession Authorisation and Special Possession Authorisation. Dealers, defined as companies, limited liability partnerships, or Indian citizens involved in importing, selling, hiring, repairing, manufacturing, or possessing radio equipment for testing or demonstration, may apply for a Dealer Possession Authorisation. Other persons may apply for a Special Possession Authorisation under terms and conditions determined by the Central Government. An application fee of one thousand rupees is prescribed for Dealer Possession Authorisation. The validity period for a Dealer Possession Authorisation ranges from one to five years, with an annual fee of ten thousand rupees, while a Special Possession Authorisation is valid for up to two years, also with an annual fee of ten thousand rupees or a prorated amount. The rules also detail conditions for renewal, requiring applications at least one month prior to expiry, with a provision for late fees for delays up to three months. A crucial aspect of the new regime is that any person whose authorisation has been cancelled due to a breach of terms will be ineligible to reapply for five years. The legislation provided: “No person shall possess radio equipment except under and in accordance with Radio Equipment Possession Authorisation granted under rule 6, unless exempted from the requirement of such Radio Equipment Possession Authorisation under rule 4.”

The legislative intent behind these draft rules is to modernise and streamline the regulatory framework governing the possession of radio equipment in India, aligning it with the recently enacted Telecommunication Act, 2023. The earlier legal position, primarily governed by the Indian Wireless Telegraphy (Possession) Rules, 1965, was deemed insufficient to address the complexities of contemporary telecommunications technology and security requirements. These new rules aim to fill statutory gaps by clearly defining who can possess radio equipment, under what conditions, and for what purposes. They introduce new obligations for authorised entities, including displaying the authorisation, intimating changes in contact details, maintaining records, allowing physical verification of equipment, and ensuring equipment safety. Furthermore, the rules specify strict conditions for the sale or hire of radio equipment, permitting transactions only with authorised entities, exempted persons, other REPA holders, or users with a valid telecommunication service subscription. The framework also outlines mechanisms for the surrender of authorisations and clarifies that all fees paid are non-refundable. Significantly, the rules envision a digital implementation through a portal to be notified by the Central Government, facilitating online application submissions, authorisation grants, and approvals, thereby enhancing efficiency and transparency in the regulatory process. Non-compliance with these rules or the terms of an authorisation will be subject to the rules framed under Chapter VIII of the Telecommunication Act, 2023, which deals with offences and penalties.

Keywords: Telecommunication Act 2023, Radio Equipment Possession, Draft Rules, Department of Telecommunications, Authorisation, Wireless Telegraphy, India Geo Tags: India, New Delhi District: Not Applicable