Sharing Of Telecom Infrastructure: Issues Faced By Infrastructure Providers And TSPs

Introduction

On 28 November 2016, the Department of Telecommunications (DoT) issued a clarification (Notification) that entities registered as Infrastructure Provider Category-I (IP-I) may not own or share "active" telecom infrastructure such as antennae, feeder cables and transmission systems (Active Infrastructure). The Notification clarified that owning and sharing Active Infrastructure are licensed activities to be carried out only by telecom licensees (TSPs) i.e. entities granted telecom licenses by DoT under Section 4 of the Indian Telegraph Act, 1885 (Telegraph Act). The Notification resulted in widespread implications for the telecom infrastructure leasing industry.

Background