PRELIMINARY

DEFINITIONS

14. Clause 2 is the definition Clause.

Clause 2 (1) reads "Adjudicating Officer" means an officer of the Commission appointed as Adjudicating Officer under sub-section (I) of section 39.

15. The Committee feels that the need to provide for an Adjudicating Officer is not clear because the power of dispute settlement vests in the Commission itself as provided under Clause 21 and elsewhere. (As discussed herein later in paras 99-102, the Committee does not appreciate introduction of the concept of "Adjudicating Officers" for dispute settlement. Hence, the Committee recommends that the clause 2 (1) be deleted.

16. Clause 2 (3) defines "broadcasting Service" excluding under sub-clause (3)(b) "a service that makes programme available on demand on a point-to-point basis, including a dial-up service".

Clause 2(5) states that "channel" means a set of frequencies used for transmission of a programme; Clause 2(10) defines, "content application service", Clause 2(16) "network application service", Clause 2(17) "network infrastructure facilities" and Clause 2(18) defines "networking service".

17. Regarding definition of "Broadcasting Service", "Channel" "Content Application Service", "Network Application Service" etc. it was submitted by non-official witnesses that these definitions in the Bill need more clarity. It was stated that instead of adopting internationally accepted definitions, specially of technical terms as provided in the Regulation/ Recommendations/ Reports of the International Telecommunication Union (ITU) Geneva, which have been ratified by the Government of India, the Bill contains some ambiguous definitions, necessitating detailed explanations regarding the use of same expression in different provisions of the Bill.

definition 'content application service' the word 'application' means delivery of content through electronic means which is inter linked with the definition of the term 'content' in clause 2(9) and in case the word 'application' is removed, then the specific application of the content disappears. Accordingly the Department has stated that no change is required. The Committee accepts this reasoning.

19. With regard to the "Network Application Service", "Network Infrastructure Facilities", "Networking Service", the Department of Telecommunications has agreed to the amendments proposed by the Committee as the same will give flexibility for notifying any service in future in the various categories.

20. The Committee feels that the definition of some terms in the Bill need more clarity. It recommends the following amendments in Clause 2 (3)(b), Clause 2 (5).

Clause 2(3)(b) in line 12 - Insert the words "or information' after the word programme

21. The Committee is of the opinion that the terms "content application service" in Clause 2(10), "Network application Service" in clause 2(16), "Network infrastructure facilities" in Clause 2(17), "Networking Service" in clause 2(18) lack completeness. The Committee, therefore, is of the opinion that the self-contained definitions of these expressions are necessary for the proper understanding of the same.

Clause 2(10) fine 33: After the word "includes" insert the words "Satellite broadcasting, subscription broadcasting, terrestrial, free to air television Broadcasting, terrestrial, radio broadcasting and"

After the word "includes" insert the words "public switched telephony, public cellular telephony, global mobile personal communications by Satellite, Internet protocol telephony, radio paging services, public mobile radio trunking

services, public switched data services and broadcasting (excluding radio or television programme), position locating systems and"

Clause 2(17) line 6: After the word "includes" insert the worlds "earth stations, cable infrastructure, wireless equipment, towers, posts, ducts and pits used in conjunction with other communication infrastructure, distribution facilities (including facilities for broadcasting distribution) and"

Clause 2(18) line 10: After the word "includes" insert the words "bandwidth services, fixed links and mobile links and"

23. Clause 2(24) (iii) defines public authority to include any person, agency or organisation engaged in land development for public use, or in roads for public transportation;

24. The Committee feels that public authority also undertakes execution of work for public use as entrusted by the Central Government or any State Government or any local authority. The Department of Telecommunications in reply has agreed to the amendment~ proposed by the Committee stating that the Committee may consider the amendment. Hence, the definition of "Public authority" in clause 2(24)(iii) in lines 26 and 27 in page 1 3 may be amended as under:

For the words "land development for public use, or in roads for public transportation" substitute the words "execution of any work for public use as - entrusted by the Central Government or any State Government or any local authority".

26. In this context, in their representations made to the Committee by certain private organisations, it was stated that the definition appears to be synonymous with public sector broadcaster" and since it operates on a commercial basis, it cannot be conferred special privilege or any favour in a discriminating manner, contrary to the principle of providing level playing field. In several other representations, it has been suggested that the word 'only' be deleted to give wider scope to 'Public Service Broadcaster' in terms of commercial activities/services.

27. The Department of Telecommunications has also agreed to the proposal made to the Committee.

29. The Committee is of the opinion that for the proper understanding of the expression "radio frequency" it should be defined in the Definition Section and not merely mentioned by way of an Explanation to Clause 69 which is a penal provision. Thus it is recommended, to insert a new Clause 2(25) as follows:

"radio frequency" means any frequency of electromagnetic waves with which radio communications are capable of being made." Further, in view of this insertion in the definition clause, Explanation to this effect in lines 22-24 at page 28 be deleted.

spectrum" means a continuous range of electromagnetic wave of frequencies up to and including a frequency of 3 000 giga hertz;

31. It has been represented to the Committee by various organisations that the term "Spectrum" may be widened by including such other or further frequencies as may be specified by the Central Government from time to time. When inquired from the Department of Telecommunications why the definition was being limited to 3000 GHz., Secretary DoT stated that beyond 3000 GHz it is no longer a radio wave and it becomes a light wave. This view, he said, was according to the present technological connotation of radio waves. The broader definition as given by ITU defines it as "Spectrum is the range of frequencies within which radio communication are capable of being made." He stated that this definition could be considered to sub-time the one given in the Bill.

32. The Committee, feels that as the technology is changing very fast, the present definition limits the scope of the "spectrum" which can lead to misinterpretation at a later stage the committee, therefore, feels that wider definition of the spectrum will be helpful in correctly conveying the meaning of the term. The Committee therefore, recommends that the definition of 'Spectrum' may be widened by substituting the words "upto and including a frequency of 3000 giga hertz" by the words "within which radio communications are capable of being made."

33. Clause 2(33)-reads "Universal Service Obligation" means obligation in respect of services as may be prescribed;

34. In this regard, Cellular Operators Association of India (COAI) has submitted that the term "Universal Service" may be clearly defined as "Access to all people for Basic Telecom Services at affordable and reasonable prices". Further the definition of "Universal Service" may specifically include Public Pay Telephones, VPTs, etc. providing all services whether local, national or international calls including fax and data communications as also permitting Internet access. Thirdly, it was also stated that the Government should not make rules or prescribe the Universal Service Obligations which should be left to Communications Commission of India (CCI). The Statute must lay down the desired end-objectives sought to be achieved through Universal Service Obligation (USO). CCI should then formulate USO package in terms of receipt and disbursal of funds to meet USO objectives. The COAI further contended that even if the Government has to issue policy directive in the matter, it should have prior mandatory recommendations of CCI. Lastly, special provisions should be made for the level and structure of tariff for the Subscribers of Universal Service. Special provisions may also provide for quality of service

35. Clarifying the position in this regards, the DoT has stated that the present definition of the term "USO" is quite sufficient, hence no change is required.

36. The Committee is not convinced with the reply of the Department of Telecom as the increase in the teledensity in the rural areas should be the first priority of the Department and should be given utmost importance. Hence, the Committee feels that present definition of Universal Service Obligation is not sufficient. Therefore, the Committee is of the view that rural areas and the difficult terrain be brought under the purview of Universal Service Obligation.

The Committee therefore, recommends that the following changes be made in Clause 2(33):
In lines 6&7 at page 4, after the words "in respect of" insert the words "increasing teledensity in rural areas and difficult terrain and such other"
In view of the proposed deletion of Clause 2(1) the Clauses should be numbered appropriately.