Government Notifies New Telecommunications Standards and Conformity Assessment Rules

The Ministry of Communications, Department of Telecommunications, recently issued a significant piece of delegated legislation, the Telecommunications (Framework to Notify Standards, Conformity Assessment and Certification) Rules, 2025, through Notification G.S.R. 315(E) on May 16, 2025. These rules were enacted in exercise of powers granted by section 19 read with clause (zj) of sub-section (2) of section 56 of the Telecommunications Act, 2023. The issuance followed a public consultation process, where a draft of the rules was published on January 29, 2025, inviting objections and suggestions from affected persons. The Central Government duly considered the feedback received before finalizing the rules. This new framework came into force on the date of its publication in the Official Gazette.

The rules establish a comprehensive system for notifying standards and ensuring conformity assessment for telecommunication equipment in India. Key provisions include the designation of the Telecommunication Engineering Centre (TEC) and the National Centre for Communication Security (NCCS) under the Department of Telecommunications as the primary "Appropriate Authorities" responsible for implementing these rules. These authorities are tasked with publishing draft standards and conformity assessment measures on a dedicated portal for a minimum 60-day public consultation period, allowing stakeholders to provide comments before finalization. However, in cases of urgent policy objectives or significant risks, standards may be notified provisionally without prior consultation, subject to a subsequent 60-day consultation. The rules also mandate a review of notified standards and conformity assessment measures at least once every five years.

A crucial aspect of the new framework is the requirement for telecommunication equipment to obtain a Certificate of Conformity Assessment. The Appropriate Authority or a designated certification body will issue these certificates. The rules stipulate that every person to whom a notified standard applies must ensure compliance with conformity assessment measures and apply for the necessary certificate. The legislation provided: “No telecommunication equipment to which a standard applies, shall be sold or deployed in any telecommunication network, or otherwise be used in India, unless it has a valid Certificate of Conformity Assessment.” This provision places a clear obligation on manufacturers, sellers, and users of telecom equipment. Exemptions from conformity assessment are provided for equipment imported for research and development, demonstration, testing, or for use in a regulatory sandbox (a framework allowing live testing of new products/services in a controlled environment), or for personal use, provided they comply with relevant procedures. The Appropriate Authority may recognize a Conformity Assessment Body (CAB) (an entity recognized to verify compliance with standards) in India or, in public interest, in other countries, for carrying out conformity assessment.

The rules also outline enforcement mechanisms. Authorized entities or licensees, upon discovering a user employing uncertified telecommunication equipment, must issue a seven-day notice for discontinuance. Failure to comply within this period will lead to the suspension of telecommunication services or network connectivity for that user, with the Central Government being informed. Furthermore, the Appropriate Authority or an authorized officer can inspect and monitor compliance. If uncertified equipment is found, a notice will be issued to the person in possession to cease its sale, distribution, or use within seven days. Non-compliant parties may apply for a Certificate of Conformity Assessment by paying ten times the standard fee within 180 days. Failure to comply may result in legal proceedings for the seizure or destruction of the equipment. The Central Government may also notify one or more portals for the digital implementation of these rules, covering aspects like standard specification, compliance procedures, fees, and non-conformity notices.

The primary objective behind these rules is to establish a robust and transparent framework for the notification of standards and conformity assessment measures for telecommunication equipment, thereby operationalizing Section 19 of the Telecommunications Act, 2023. This move addresses the need for a modern regulatory regime for telecommunication equipment, superseding and replacing rules 528 to 537 of the Indian Telegraph Rules, 1951, which previously governed testing and certification of telegraphs. By setting clear standards and mandating certification, the government aims to ensure the quality, security, and interoperability of telecommunication networks and services in India. The framework seeks to mitigate risks associated with non-compliant equipment, enhance consumer protection, and safeguard national security interests in the rapidly evolving telecommunications sector. The introduction of specific timelines for consultation, review, and enforcement, along with provisions for digital implementation, reflects a forward-looking approach to regulatory governance in this critical infrastructure domain.

Keywords: Telecommunications, Standards, Conformity Assessment, Certification, Telecom Act 2023, India, Ministry of Communications, DoT, TEC, NCCS Geo Tags: India, Delhi District: Not Applicable