Draft Rules Propose Licensing Exemption for Low Power Wireless Systems in 6 GHz Band

The Ministry of Communications issued a notification on May 16, 2025, publishing draft rules titled the Use of Low Power and Very Low Power Wireless Access System including Radio Local Area Network in Lower 6 GHz band (Exemption from Licensing Requirement) Rules, 2025. These draft rules were proposed by the Central Government under the powers conferred by sections 3(3) and 4(6) read with clauses (b) and (h) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023). The notification served to inform all potentially affected persons and invited objections or suggestions within a period of thirty days from the date of its publication in the Official Gazette. The Central Government indicated that it would consider all feedback received before the expiry of this period. The final rules, once notified, would come into force on the date of their publication in the Official Gazette.

The core of the draft rules established an exemption from the requirement for Authorization or Frequency Assignment for establishing, maintaining, working, possessing, or dealing in certain wireless equipment. This exemption specifically applied to Lower Power Indoor and Very Low Power Outdoor wireless access systems, including radio local area networks (RLANs), operating within the frequency band of 5925-6425 MHz. Such operations were mandated to occur on a non-interference, non-protection, and shared (non-exclusive) basis, adhering to specified technical parameters for maximum power spectral density (PSD) equivalent isotropic radiated power (e.i.r.p.), maximum e.i.r.p. for in-band emissions, maximum emission bandwidth, and out-of-band emissions. The draft rules also outlined operational restrictions, prohibiting all uses on oil platforms, indoor use on land vehicles, boats, and aircrafts (except when flying above 10,000 feet), and communication with or control of Drones and Unmanned Aerial Systems. Detailed limits for out-of-band emissions were prescribed, along with measurement methodologies. In cases of harmful interference to licensed systems, the Authority (as notified by the Central Government) was empowered to direct the user of the unlicensed wireless equipment to take corrective steps, such as relocating equipment, reducing power, or using special antennae, with a provision for recommending discontinuation if necessary, after providing a reasonable opportunity to the user. All wireless equipment falling under these rules would be required to have an in-built and integrated antenna, be type approved, and conform to the specified bandwidth and other parameters, with safety requirements aligning with international or national standards.

The legislative intent behind these draft rules was to facilitate the widespread adoption and use of advanced wireless technologies, particularly those operating in the lower 6 GHz band, such as Wi-Fi 6E and Wi-Fi 7. By exempting these low-power and very low-power devices from the traditional licensing requirements, the Central Government aimed to reduce regulatory burdens and encourage innovation in wireless communication for individuals, businesses, and institutions. The earlier legal position generally required specific authorizations or frequency assignments for wireless equipment under the Telecommunications Act, 2023, or the Indian Telegraph Act, 1885. These draft rules addressed a statutory gap by creating a streamlined framework for short-range, low-power devices that pose minimal risk of interference to primary users of the spectrum. The legislation provided: “No Authorization or Frequency Assignment shall be required to establish, maintain, work, possess or deal in any wireless equipment for the purpose of Lower Power Indoor and Very Low Power outdoor wireless access systems, including radio local area networks operating in the frequency band 5925-6425 MHz on noninterference, non-protection and shared (nonexclusive) basis, and complying with the following technical parameters.” This central provision underscored the policy rationale of enabling ubiquitous connectivity through technologies like Wi-Fi without imposing cumbersome licensing procedures, while simultaneously safeguarding the integrity of the radio spectrum for other licensed services. The rules introduced new obligations for equipment manufacturers regarding type approval and adherence to technical and safety standards, ensuring that the exempted devices operate within defined parameters to prevent harmful interference. The mechanism for addressing interference complaints provided an enforcement framework to balance the interests of unlicensed users with those of licensed telecommunication operators.

Keywords: Telecommunications Act 2023, 6 GHz band, Wireless Access System, RLAN, Licensing Exemption, Draft Rules, Ministry of Communications, Wi-Fi 6E, Wi-Fi 7, Spectrum Management

Geo Tags: India, Delhi District: Not Applicable