TRAI releases recommendations on licensing, regulatory framework for submarine cable landing in India

The Telecom Regulatory Authority of India (TRAI) on Tuesday released its recommendations on licensing framework and regulatory mechanism for submarine cable landing in India, including in CLS ownership and for submarine cable operation and maintenance.

The telecom regulator has recommended two categories for cable landing station (CLS) location – main CLS, and CLS point-of-presence (CLS-PoP).

“The owner of the main CLS would seek all the permissions/clearances related to SMC landing in their CLS in India while the owners of CLS-PoPs will not be required to seek such permissions/clearances,” TRAI has suggested.

However, owner of CLS-PoPs will be required to fulfill all security and regulatory/license obligation including the establishment of LIM facility, it said. They will also be required to inform the licensor/TRAI of all CLS-PoP locations and their owners.

The telecom regulator recommended that ILD/ISP Category ‘A’ (with international Internet gateway) licensees will be allowed to get access and extend their owner or leased dark fiber pair(s) in the submarine cable from the main CLS to their respective CLS-PoP location.

TRAI suggested the revised detailed guidelines and applications for setting up main CLS and CLS-PoPs for submarine cable landing in India under respective ILD and ISP license/authorisation be issued.

On the topic of ownership, TRAI has recommended that ILD or ISP Category ‘A’ authorisation (with international Internet gateway) licensees applying for permissions for establishing main CLS should submit an undertaking that they own and control the asset in Indian Territorial Waters (ITW).

“Such ownership should be backed by either proof of ownership of the submarine cable assets as well as the assets at CLS OR by a signed agreement with SCM owner/consortium to this effect,” TRAI suggested.

For Indian flagged vessel for submarine cable operation and maintenance, TRAI recommended that the Department of Telecommunications (DoT) should constitute a committee comprising government representatives from ministries such as telecom department, Ministry of Shipping, shipyards ar Kochi/Vishakhapatnam, Mumbai, Ministry of Home Affairs, Department of Revenue (Ministry of Finance), and major ILDOs having a stake in submarine cable to study and recommend the different financial viability models for Indian flagged repair vessels including possible incentives from the government.

The DoT had sought recommendations from TRAI on the licensing framework and regulatory mechanism for submarine cables landing in India within the scope of existing international long-distance (ILD) permits. The regulator had also been tasked to vet current global practices around regulation of submarine cables landing in global markets as part of the exercise.