Trai releases recommendations on amendment in ISP licence agreement

MUMBAI: The Telecom Regulatory Authority of India (Trai) has released its recommendations on ‘Amendment in the ISP Licence Agreement for incorporating the terms and conditions mentioned in Notice Inviting Applications (NIA)‘ dated 25 February, 2010 for use of Broadband Wireless Access (BWA) spectrum.

Trai received a reference from Department of Telecommunications (DoT) seeking Trai’s recommendations for amendment in the ISP Licence Agreement to incorporate the terms and conditions mentioned in Notice Inviting Applications (NIA) for use of Broadband Wireless Access (BWA) spectrum.

Accordingly a consultation paper “Amendment in the ISP Licence Agreement for incorporating the terms and conditions mentioned in Notice Inviting Applications (NIA) dated 25.02.2010 for use of Broadband Wireless Access (BWA) spectrum” was issued on 15 March 2012.

Written comments of the stakeholders on the proposal that all the terms and conditions related to licence conditions, mentioned in the NIA may be incorporated in the licence agreements of the ISPs, who have successfully obtained BWA spectrum through the auction process, the Ministry of Communications and IT said.

The present reference from DoT has only sought Trai’s recommendations for amendment in ISP licence, but in order to ensure uniform and equitable application of terms and conditions of NIA related to BWA spectrum to all the licensees (UAS, CMTS, ISP) who have obtained BWA spectrum in auction, the Authority has also examined the amendments notified by the DOT in UAS / CMTS Licence for the use of BWA spectrum.

Accordingly, in addition to the recommendations for including relevant terms and conditions of NIA in ISP licence for use of BWA spectrum, amendments in UAS and CMTS licences have also been recommended to ensure uniform and equitable application of terms and conditions of NIA.

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