Information and Communication Technologies (Licensing and Fees) Regulations 2003 GN 97/2003
Information and Communication Technologies (Licensing and Fees) Regulations 2003 GN 97/2003
Information and Communication Technologies (Licensing and Fees) Regulations 2003 GN 97/2003
GN 97/2003
Regulations made by the Minister, after consultation with the Board of the Authority, under section 48
of the Information and Communication Technologies Act 2001
1. These Regulations may be cited as the Information and Communication Technologies (Licensing and
Fees) Regulations 2003.
2. In these regulations -
"annual fee" means the fee mentioned in the fourth column of the Schedule and payable annually in respect of
a licence;
"application fee" means the fee payable to the Authority for the processing of an application for a licence;
"initial fee" means a fee mentioned in the third column of the Schedule and payable to the Authority upon the
grant of a licence;
3. Any person who wishes to operate an information and communication network or provides an information and
communication service shall, notwithstanding any other enactment, apply for the appropriate licence specified
in the Act and reproduced in the Schedule to these regulations.
4. A licence issued by the Authority shall be of such duration as shall be specified in the licence.
5. A non-refundable application fee of Rs 2,000 shall be paid to the Authority upon application for a commercial or
private network licence specified in the Schedule.
6. (1) Subject to paragraphs (2), (3) and (4), where the Authority grants a licence, it shall issue such licence
upon payment by the applicant of the initial fee.
(2) Where, upon an application for a licence, the Authority grants the application, the applicant shall, not
later than 3 months from the date on which the application was granted, take out a licence subject
matter of the application.
(3) Where an applicant fails to comply with paragraph (2), the Authority may rescind its decision, unless the
applicant has, on or before the expiry of the period of 3 months, applied to the Authority for an
extension of time by giving reasonable grounds for his inability to operate the information and
communication network or to provide the information and communication service within the specified.
period.
(4) Where the Authority grants an application for extension of time under paragraph (2), the applicant shall
operate the information and communication network or provide the information and communication
service within a period fixed by the Authority but not exceeding 3 months, failing which the Authority
shall rescind its decision and no further request for an extension shall be entertained.
7. (1) Subject to regulation 10, every licensee shall pay to the Authority an annual fee on the date of issue of
the licence and thereafter not later than 15 days before the anniversary date of the licence.
(2) Where a licensee has paid the annual fee prior to the coming into operation of these regulations, he shall,
subject to regulation 10: pay the appropriate annual fee specified in the Schedule not later than 15 days before
the anniversary of the licence.
(3) Where a new licence has been issued in replacement of a licence which has been surrendered to the Authority
pursuant to section 51 of the Act, the anniversary date of the new licence shall be deemed to be the
anniversary date of the surrendered licence.
8. The annual fee in respect of SPL.10 to SPL.39 type licences specified in the Schedule shall, where the
licensee is assigned the exclusive use of the frequency band, be 3 times the corresponding annual fee
specified for that licence.
9. (1) Subject to paragraph (2), where the Authority has granted a licence for a period of not more than 3
months, the fee payable in respect of that licence shall be half the annual fee.
(2) Where the Authority grants a RA25 (Radio Amateur Visitor's) licence for a period of not more than 6
months, the licensee shall be exempt from payment of the annual fee.
10. Where an annual fee is in excess of Rs 100,000 rupees, the Authority may authorise that the fee be paid in 12
monthly equal instalments, the first instalment being payable upon issue of the licence and each remaining
instalment being payable at latest on the first day of each subsequent month.
11. Where a licensee fails to pay the annual fee, or any instalment, as the case may be, within the time specified in
these regulations, he shall in addition to the amount due, pay a surcharge of 10 percent.
12. Where the annual fee remains unpaid for a period of 90 days as from the date the fee is due, the Authority may
revoke the licence in accordance with the Act.
(2) be bound by any determination made by the Authority pursuant to a reference made under paragraph
(a), until such time as the Tribunal or a court of competent jurisdication decides otherwise.
14. Where a licensee provides a telecommunications service or operates a telecommunication network, he shall
within 14 days of the start of the provision or operation, notify the Authority in writing.
15. Where the licensee terminates the provision of a telecommunication service or the operation of a network, he
shall within 28 days of the termination, notify the Authority of the termination in writing.
Made by the Minister, after consultation with the Board of the Authority, on 14 July 2003.
SCHEDULE
(regulation 2)
CATEGORY 1: COMMERCIAL
Type Description Initial Fees Annual Fees
(Rs) (Rs)
A Network Infrastructure Provider:
C.01 GMPCS:
To establish and operate a paging network and service to the public. 50,000 50,000
C.12 Payphone Service: