Centre lays down new eligibility norms for top positions at TRAI

The amended qualifications needed for top positions at the Telecom Regulatory Authority of India (TRAI) and provisions related to spectrum utilisation were brought into effect on Friday, according to a gazette notification issued by the ministry of communications on Thursday to bring into force four sections and one sub-section of Telecommunications Act, 2023.

Candidates for TRAI chairperson, who have never served in the government, must now have at least 30 years of professional experience and have been a director or chief executive of a telecoms, financial, accountancy or related firm. For TRAI members, the requirement is 25 years’ experience.

The changes, part of the provisions of the Telecommunications Act 2023 that amended the TRAI Act, also stipulate that government candidates for chairperson must have held the post of secretary or equivalent, while members must have been additional secretary or equivalent. Government candidates are no longer required to have held these posts for at least three years.

“In exercise of the powers conferred by sub-section (3) of section 1 of the Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 5th Day of July, 2024 as the date on which the provisions of sections 6 to 8, 48 and 59(b) of the said Act shall come into force,” the gazette notification read.

With the July 4 notification, of the 62 sections, a total of 43 sections and one sub-section of the Act have now come into force. The latest provisions to come into effect include provisions for technologically neutral spectrum utilisation, secondary spectrum assignment, and mechanisms for monitoring spectrum use.

“One major aspect ... is the focus of the central government on increasing efficiency in spectrum utilisation and various modes of achieving the same like secondary assignment, sharing/trading etc.,” the Ministry of Communications said in a statement.

The new rules also prohibit the use of equipment blocking telecommunications unless permitted by the central government under section 48.

To optimise the use of available spectrum, section 7 allows the government to assign already assigned spectrum to a secondary entity as long as such secondary assignment does not “cause harmful interference” in the use of the spectrum by the primary entity. It also allows the government to terminate assignment of spectrum if it goes unutilised for “insufficient reasons”.

Section 8 allows the government to set up a monitoring and enforcement mechanism to ensure that spectrum is utilised according to the prescribed terms and conditions. It also allows the government to permit sharing, trading, leasing and surrender of assigned spectrum, subject to yet to be prescribed terms and conditions.