Draft Telecommunications Rules Propose Mandatory Equipment Standards and Certification

The Ministry of Communications (Department of Telecommunications) has issued a notification publishing the draft Telecommunications (Standards, Conformity Assessment and Certification) Rules, 2025. These draft rules, published on January 29, 2025, are proposed by the Central Government in exercise of powers conferred by section 19 read with clause (zj) of sub-section (2) of section 56 of the Telecommunications Act, 2023. The notification serves to inform all potentially affected persons, inviting objections or suggestions within thirty days from the date of publication in the Official Gazette. The Central Government will consider all feedback received before finalizing the rules. Upon their eventual finalization and publication in the Official Gazette, these rules shall come into force on that date. The proposed rules are intended to supersede the Indian Telegraph (Amendment) Rules, 2017, though existing standards, essential requirements, and other specifications will continue to apply until explicitly superseded by a Central Government notification under section 19 of the Act.

The draft rules establish a comprehensive framework for the standardization, conformity assessment (procedures to demonstrate compliance with notified standards), and certification of telecommunication equipment. They define key terms such as "Appropriate Authority," "Authorised Indian Representative" (AIR), "Original Equipment Manufacturer" (OEM), and "Essential Requirements" (ER), which are parameters and specifications notified by the Telecommunication Engineering Centre (TEC). The rules apply broadly to OEMs, AIRs, importers, distributors, sellers, authorised entities, licensees, and users of telecommunication equipment. The Telecommunication Engineering Centre and the National Centre for Communication Security, both offices of the Department of Telecommunications, are designated as Appropriate Authorities, with the Central Government retaining the power to notify other authorities. The Appropriate Authority is tasked with notifying standards and conformity assessment measures, which typically involves a 30-day public consultation process for draft standards. However, provisional notification without consultation is permitted in urgent cases to achieve policy objectives, provided a consultation follows within sixty days. All notified standards and measures are subject to review at least once every three years. The rules also outline the recognition process for Conformity Assessment Bodies (CABs), which can include laboratories in India or accredited international laboratories from countries not sharing a land border with India. A central obligation is placed on OEMs, AIRs, importers, distributors, sellers, authorised entities, or licensees to ensure compliance with conformity assessment measures, submit test reports, and obtain a certificate of conformity assessment. The legislation provided: “No telecommunication equipment to which a standard applies, shall be sold or deployed in any telecommunication network, or otherwise used in the territory of India, unless it has a valid certificate of conformity issued by the Appropriate Authority.” Exemptions from conformity assessment include equipment imported for research and development, demonstration, or testing, as well as equipment for personal use. Furthermore, recertification is not required for identical models or changes solely to labelling requirements. The rules also detail procedures for dealing with non-compliant equipment, including notices to users by authorised entities or licensees, potential suspension of telecommunication services, and provisions for inspection and monitoring by the Appropriate Authority. Contravention can lead to notices to cease sale or use, with a window for obtaining certification (subject to ten times the standard fees), and potential seizure or destruction of equipment. The Central Government may also notify a digital portal for the implementation of these rules.

The legislative intent behind these draft rules is to establish a robust and transparent regulatory regime for telecommunication equipment in India, ensuring quality, security, and interoperability. This move addresses the need for a standardized approach to telecommunications hardware, building upon the foundation laid by the Telecommunications Act, 2023. By superseding the Indian Telegraph (Amendment) Rules, 2017, the new framework aims to streamline and modernize the regulatory landscape for telecommunication equipment. The rules seek to fill potential statutory gaps by mandating conformity assessment and certification, thereby enhancing consumer protection and national security in the rapidly evolving telecommunications sector. They introduce new obligations for all stakeholders involved in the telecommunication equipment supply chain, from manufacturing to end-use. The enforcement mechanisms, including inspections, notices for non-compliance, and the power to suspend services or seize equipment, underscore the commitment to ensuring adherence to these standards. The provision for a digital portal for implementation reflects a policy rationale for leveraging technology to enhance efficiency and transparency in regulatory processes.

Keywords: Telecommunications Act 2023, Draft Rules, Standards, Conformity Assessment, Certification, Telecommunication Equipment, Ministry of Communications, Department of Telecommunications, India Geo Tags: India, Delhi District: Not Applicable