Convergence Plus
Policy & Regulation
Friday, June 5, 2020
TRAI issues clarification, says it has not recommended an 11-digit numbering scheme for mobile services

Pre-Bookings open for Samsung Galaxy S20, S20+, and S20 UltraThe Telecom Regulatory Authority of India (TRAI) on Sunday issued a clarification stating that it had not recommended having 11-digit mobile numbers, but only adding a ‘0’ as a prefix when a mobile number is dialled from a landline.

“Trai has not recommended 11-digit numbering scheme for mobile services,” the Telecom regulator said in a statement.

It further said that it had “categorically rejected” having an 11-digit mobile number. The statement follows media reports stating that the regulator had suggested having 11-digit mobile numbers as part of its ‘Recommendations on Ensuring Adequate Numbering Resources for Fixed Line and Mobile Services’ report.

“Presently, inter-service area mobile calls from basic/fixed phone can be accessed with a dialling prefix ‘0’. However, mobile phones are accessed from a fixed-line phone, within a service area, without dialling prefix ‘0’.

This puts the limitation that any digit which has been used as a first digit for fixed network (for local calls) cannot be used for mobile numbers. By making it mandatory to access mobile numbers in a service area from fixed network by dialling prefix ‘0’, all the free sub-levels in levels ‘2’,’3’,’4’, and ‘6’, can also be used for mobile numbers,” the report said.

This can help generate an additional 2,544 million numbering resources for mobile services to cater to future requirements as per TRAI. “The introduction of a dialling prefix for a particular type of call is not akin to increasing the number of digits in the telephone number,” TRAI clarified.

It further added that a prefix is mandatory for SDCA (Short Distance Charging Area) calls and while making a call form mobile number to fixed landline stating that it had only suggested “minor changes” in the dialling pattern. (Source: The Hindu Businessline)

Restrict e-commerce only to essentials, urge mobile retailers

Airtel, Vodafone Idea, Tata Tele likely to pay AGR dues on Monday: DoT source Appeal Southern States to bar them from selling phones, TVs. As the Centre has included e-commerce in the list of activities that are exempted from the lockdown from April 20, the regional mobile phone retailers have appealed to the State Governments in the South not to allow sales of phones or TVs, which are not considered essential services.

In letters to the Governments of Tamil Nadu, Telangana and Andhra Pradesh and Karnataka, the South India Mobile Retailers Association have argued that the guidelines issued by the Home Ministry are being misinterpreted by certain players and they are preparing to sell smart phones and TVs through the e-commerce route.

In its letter to Telangana Industries and Information and Technology Minister K T Rama Rao, the association cautioned that allowing e-commerce players to deliver phones during the lockdown period could pose health challenges.

“There are no standards being followed at the warehouses of these online partners. There are no SOPs (standard operating procedures) given to their delivery boys on hygiene,” the association said.

Citing the example of a Delhi Pizza delivery boy who reportedly exposed 70 persons to Covid-19, the material used and the personnel who will deliver the products may spread the infection in the absence of safety measures.

“There is a huge shortage of manpower during this pandemic and if resources are allocated for supplying these commercial products, it will create a manpower crunch for supplying the essential items like food and groceries,” it said.

The association in its memorandum further appealed to confine e-commerce operations only to essential commodities delivery and bar them selling phones and TVs, (The Hindu Businessline)

Startups Demand Liquidity Lifeline to Stay Afloat

Pre-Bookings open for Samsung Galaxy S20, S20+, and S20 UltraIndustry writes to FM seeking loans free of interest or linked to tax, GST refunds. India’s startups are lobbying the government for a lifeline as they cope with an existential liquidity crisis amid a disruption of their ecosystem due to Covid-19, the national lockdown and a spiraling global market. Half of them may be forced to close if no support is forthcoming, according to one of the letters sent to the finance minister.

Startups sought loans free of interest or linked to income tax and goods and service tax (GST) refunds to meet funding needs in a March 30 letter to finance minister Nirmala Sitharaman signed by the Confederation of Indian Industry, Nasscom, Indian Private Equity and Venture Capital Association as well as leading entrepreneurs and venture capital investors. Among the 75 signatories are Kris Gopalakrishnan, Rajan Anandan, TV Mohandas Pai, Arihant Patni and Mukesh Bansal.

The startups want public sector banks and state-controlled Small Industries Development Bank of India (Sidbi), the implementing agency of the ₹10,000 crore Fund-of-Funds, to offer loans up to the full extent of the refunds they’re due.

“These refunds are undisputed… but are yet to get transferred to the startups due to various reasons,” said Siddarth Pai, founding partner of 3one4 Capital and a signatory to the March 30 joint letter.

Funding into Cos as CSR

“While these are assets on the balance sheet of the startups, what’s needed now is the translation of this to cash,” said the letter.

This will provide startups with liquidity for the near-to-short-term without stressing government resources, the note said.

“Covid crisis threatens to destroy all of the progress and future potential of our startup ecosystem in a few short months,” the letter stated. “We seek your urgent intervention to help ensure India’s startup ecosystem survives... We need the startup ecosystem to survive in order to help the economy bounce back.”

Another communication from LocalCircles, an online community platform that represents 29,000 startups and small and medium enterprises (SMEs), to the finance minster said “startups want that some or all of CSR (corporate social responsibility) funds be permitted into startups as grants”.

Companies should be allowed to invest in startups and avail CSR benefits and claim it’s CSR, the letter said. “The startup and SME community is hopeful that the government will consider these asks with the highest importance,” said the March 31 LocalCircles note. “It is critical for startups and SMEs to survive… and if nothing is done, at least 50% of them will soon be shut.” ET has seen both the letters.

VC FIRMS’ CAVEAT

Venture capital firms have issued warnings to portfolio companies and the broader ecosystem to conserve cash and tighten spending, given the worsening macroeconomic climate and meltdown of global indices. Ecommerce and food delivery unicorn startups have been struggling because of the lockdown. Some of the top startups in the country are reported to have started cutting staff costs.

“The government’s focus rightfully seems to be on health and like in the past it will come to the rescue of the startup ecosystem soon,” said Sanjay Mehta, founder, 100X. “Also, the corporate venture capitalist as an asset class has gone away due to the current situation, and any access to fresh capital in small businesses will be the only way growth will come.”

Multiple ongoing deals talks have been shelved or put on hold citing force majeure, threatening companies that don’t have adequate funding to last out the crisis, ET has reported. ( Source: Economic Times)

Coronavirus: Nasscom seeks easing of Work From Home norms as Covid-19 cases surge

Pre-Bookings open for Samsung Galaxy S20, S20+, and S20 UltraAs the number of Covid-19 cases in India surges, the IT industry’s apex body Nasscom has sought easing of regulatory restrictions for a month to enable Work From Home (WFH) for the sector. Under the prevailing other service providers (OSP) regime, IT and ITeS firms require multiple levels of compliance -- ranging from technical to high-security deposits -- for WFH. This the main impediment before the WFH culture in the country.

The Covid-19 outbreak in India has forced the industry to look at ensuring business continuity. Industry players have also echoed a similar sentiment and believe that there must be cognisance in providing WFH to employees under the OSP regime, Nasscom said in a letter to Telecom Minister Ravi Shankar Prasad.

Indian IT-ITeS companies are evaluating several options to ensure business remains up and running and one such option is to offer WFH to their employees to minimise any threat to people and business. Today, it is possible for employees to work from anywhere in the world, while remaining within the ambit of organisational information and data access protocols, and organisational security practices, the letter written by Nasscom President Debjani Ghosh said.

Accordingly, keeping in mind the current situation and in the interest of public health and the safety of people employed in the technology industry, Nasscom has sought urgent intervention to waive requirements pertaining to WFH under the OSP regime for one month, as an “interim emergency measure”. The move is important as despite the availability of technology, companies under the OSP regime continue to struggle in operationalising WFH for their employees due to the “onerous” compliance and technical requirements under the prevailing regime. These include setting up Provider Provisioned Virtual Private Networks (PPVPN) connectivity, sharing pre-defined locations of extended agents (employees) and providing “high” monetary security deposits among others.

Last year, licensor Telecom Regulatory Authority of India (TRAI) had conducted extensive consultation on an other service providers regime and recommended the need to remove restrictions. However, DoT is yet to take these into consideration, it said.

“At a time when the world is looking for the cure of Covid-19, it is essential for technology companies to be able to support global efforts by ensuring adequate uptime, and thereby support initiatives that have the potential for saving thousands of lives around the world,” the letter added. (Source: The Hindu Businessline)

Wi-Fi on Flights Allowed, Govt Notifies New Rules

Airtel, Vodafone Idea, Tata Tele likely to pay AGR dues on Monday: DoT source Pilot-in-command may permit access; gadget to be used in flight mode. Wi-Fi on flights will now be allowed in India for internet services upon permission from the pilotin-command and the gadget is to be used in flight mode, with the government finally notifying rules for this.

The amended aircraft rules have been published by the government in the official gazette on Saturday and they skip the mention of allowing mobile communication, which was mentioned in the draft rules published by the government on August 14 last year.

“The pilot-in-command may permit the access of internet services by passengers on board an aircraft through Wi-Fi on board when laptop, smartphone, tablet, smartwatch, e-reader or a point of sale device is used in flight mode or airplane mode. Provided that the director general shall certify the aircraft for usage of internet in flight through Wi-Fi on board subject to procedures as specified in this behalf,” the latest notification now says. ET has a copy of the notification.

The final rules notified on Saturday say the pilot-incommand may permit the use of cellular telephones by passengers of a flight “after the aircraft has landed and cleared active runway, except when the landing takes place in low visibility conditions as may be determined by the director general.” An additional explanation has been added in the new rules saying an aircraft shall be deemed to be in flight when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.

The government in its latest notification has also said that it received no objections or suggestions from the public in respect of the draft rules.(Source: The Economic Times)

AIRWAVES AUCTION MAY GENERATE ₹35,000-40,000 CR

Spectrum Sale may Fetch only ₹10kcr Initial Payment. Voda Idea, Bharti Airtel may give 5G spectrum a miss at current price but Jio may buy some

The government may generate upfront payments of only around ₹10,000 crore from spectrum auctions in the next fiscal year starting April 1, given the financial challenges faced by two major telcos Vodafone Idea and Bharti Airtel, telecom department officials have estimated.

This implies that the next spectrum sale could fetch it only around ₹35,000-40,000 crore overall as against the ₹5.86 lakh crore worth of airwaves that the government wants to put on sale at base price, experts said.

Telcos pay upfront 25% for the sub-1 GHz band and 50% for higher bands they win in auctions. The balance is paid over 16 years in equal instalments.

Senior officials told ET that loss-making mobile phone operators Vodafone Idea and Bharti Airtel — facing a combined ₹89,000 crore in new statutory dues — are expected to give the 5G spectrum a miss in the upcoming sale planned in March-April.

Airtel, though, is likely to pick up some 4G airwaves, especially in eight circles where its permits are expiring.

“Of the three players, Jio may take some 5G spectrum but not much, besides some 4G. We expect it will do so to get the firstmover advantage,” said a government official, who did not want to be named.

Loss-making Vodafone Idea, facing a survival threat and in the midst of a costly integration process, is expected to largely give the auctions a miss, officials said.

Spectrum Renewal Hopes

This means without the adjusted gross revenue dues, the government will fall way short of its ₹1.33 lakh crore budgeted for the next fiscal year, with only ₹20,000-25,000 crore expected to come from licence fees and spectrum usage charge.

Airwaves across the 4G bands of 700 MHz, 800 MHz, 900 MHz, 1,800 MHz, 2100 MHz, 2300 MHz and 2500 MHz, besides 5G spectrum in the 3300-3600 MHz bands, will be offered to Vodafone Idea, Bharti Airtel and Reliance Jio.

The auction, expected in the first quarter of the next fiscal year, will see some 8,293.95 MHz of airwaves at an estimated total base price of ₹5.86 lakh crore.

These numbers, however, look very optimistic.

‘UNREALISTIC PRICING’

“The government planning an auction is commendable, however, given the reserved prices for the most sought-after bands and the present financial condition of the industry, we do not believe the government will be able to garner any more than ₹6,000-7,000 crore as upfront payment,” said Rajan Mathews, director-general of the Cellular Operators Association of India (COAI), which represents all private telcos.

“This is not to negate the fact that there are tremendous opportunities in India, but what is getting in the way is the unrealistic pricing of the key spectrum bands that are for 5G, and the 700 MHz band,” Mathews added.

The government had cleared a base price for 5G airwaves at ₹492 crore per MHz and proposed the sale of a minimum 20 MHz blocks, which would mean a telco would have to spend close to ₹50,000 crore for 100 MHz — the quantum it needs to offer quality 5G services. For the 700 MHz band, which was unsold at the previous auction, the DoT has cut the base price by 43% to ₹6,568 crore a unit, or ₹32,840 crore for a block of 5 MHz.

Telcos have described the rates as expensive.

Earlier this week, Bharti Airtel CEO Gopal Vittal reiterated in an earnings call that the 5G airwaves were priced too high. “…we will not pick it up at those prices”, he said.

Previously, Vodafone Idea and Reliance Jio had termed the 5G base prices as too expensive.

“At the stage that we are in and where there is tremendous pressure based on their financial health, the upcoming auctions are expected to be muted,” said Prashant Singhal, global technology, media and telecommunications (emerging markets) leader at EY.

SPECTRUM RENEWAL

All hopes are pinned on spectrum renewal.

“The best case for the government is to realise value from spectrum renewals from the incumbents, and this may help the government raise ₹25,000 crore at most, of which Rs 10,000 crore may accrue in FY21. Over and above this has to be 5G spectrum auction, which seems very unlikely given the ecosystem and spectrum pricing,” said Rajiv Sharma, head of research at SBICap Securities.

If there is a 50% reduction in current 5G prices, then there may be some interest for 3,500 MHz and another ₹20,000 crore could be raised in the fiscal year starting April 1, 2021, he said.

“So, to sum up, spectrum auction is not going to be more than ₹35,000 crore,” Sharma said.

Already weighed down by debt of over ₹7 lakh crore, loss-making telcos Bharti Airtel and Vodafone Idea are now facing over ₹35,000 crore and ₹53,000 crore, respectively, in adjusted gross revenue dues after a Supreme Court order last October.

Both have filed a plea in the top court to be allowed to negotiate with the DoT on longer timelines and modalities for payment, in a bid to soften the financial blow. The court has yet to hear the matter. (Source: Economic Times)

Data Policy Tweaks Set to Keep India Inc Busy in 2020

FORECAST 2020 Personal data protection bill and setting up of Data Protection Authority will be the key developments to watch out for the next year

As 2019 comes to an end with the introduction of the long-awaited Personal Data Protection Bill, India Inc awaits yet another year of hectic technology policymaking that will seek to regulate everything from personal and nonpersonal data, technology intermediaries, ecommerce companies, over-the-top platforms, cloud services and digital taxation.

Technology companies will have their hands full in 2020 with the implementation of the Personal Data Protection Bill, which has gone to a joint parliamentary committee for a thorough review.

“The Personal Data Protection Bill and the setting up of the Data Protection Authority (DPA) will be the key developments to watch out for the next year. Codes of practice set by the DPA will be critical for businesses and a lot of time will be spent on that,” said Nikhil Narendran, a partner at Trilegal.

The Bill, aimed at giving individuals more control over their data, has not proposed a timeline for the implementation of the rules. Government sources have stressed that since the Bill was based on the European Union’s General Data Protection Regulation, foreign technology companies may not need more than two years.

Heated debate is expected in the coming year on the most controversial provisions of the Bill, which are the right given to the central government to exempt itself from the obligations of the Bill, including seeking consent to collect and process personal data, powers be- VILHELM HAMMERSHOI Interior, Strandgade 30

stowed upon it to seek non-personal data from companies for the purposes of policymaking, and the verification of social media users.

“Hopefully we should see extensive consultation on the PDP Bill next year. It remains to be seen what the government does on wide exemptions granted to them in the Bill,” said Nehaa Chaudhari, director, public policy, at Ikigai Law. “There are many moving parts. Most issues that grappled policymakers and companies will remain alive in 2020.”

Experts said other technology policies on the governance of non-personal data, ecommerce companies, cybersecurity and cloud that are work in progress may also get finalised in the coming year. Many of these are in various stages of drafting and consultation. Also, India could probably see a lot more debate around regulatory overlaps among the Ministry of Electronics and IT, Ministry of Information and Broadcast and the Telecom Regulatory Authority of India.

“Now we are moving into the next stage to see how it will all pan out. In 2020, we will see the start of the implementation of what has been in the works,” said Ashish Aggarwal, a senior director and the head of public policy at the National Association of Software and Services Companies (Nasscom), which counts Indian IT companies as well as US technology firms such as Google and Facebook as members.

Another critical technology policy development expected in early 2020 is the finalisation of the proposed amendments to the Intermediaries Guidelines Rules, which originally provided a legal shield to technology platforms against the content shared on their platform. (Source: Economic Times)

Policy Muddle Ruins Year 2019 for Crypto, Blockchain Industry

But experts see better times ahead for the sector. The cryptocurrency and blockchain industry has had a not-so-great 2019 in India and elsewhere due to lack of favourable regulations and hostile central banks, but things may change in the coming years, say experts.

The year began with shutdowns of cryptocurrency exchanges and layoffs. But with global giants, including Facebook, entering the space and several countries examining the virtual currency and the blockchain technology behind it, and the industry itself looking at self-regulation, experts suggest Indian crypto startups stand to gain. “Governments across the globe are now examining blockchain and cryptocurrencies, including stable coins, as well as selfregulated and global regulatory standards, which indicate more widespread public adoption,” said Changpeng Zhao, CEO of cryptocurrency exchange Binance, which recently acquired local exchange WazirX to enter the Indian market.

“I think in 2020, we will see different experiments tried by many different governments around the globe for adoption. Some will work, some may not, but overall, they will have a tremendously positive effect for crypto adoption,” he added. Last week, the Reserve Bank of India reiterated its opposition to private digital currencies. A panel headed by former finance secretary Subash Chandra Garg had earlier this year recommended making cryptocurrency trading in India illegal. Nevertheless, the RBI has begun consultations with other central banks on India’s own digital currency.

China is reportedly set to launch its own digital currency by 2021. Countries such as France, Singapore and Malaysia are also testing similar virtual currencies.

Tanvi Ratna, the founder of policy and regulatory advisory firm Policy 4.0, said the launch of the Chinese sovereign coin would influence Indian regulatory strategies. “Too much has shifted in the global regulatory front, and that will already start impacting Indian startups, regardless of the Indian government’s decision. The blockchain world in 2020 is going to look a lot different from the last year or two,” Ratna said. However, startups working in the space in India are looking at shifting their offices to countries that offer favourable policies, said neo bank Juno’s cofounder Varun Deshpande. But despite the regulatory challenges, the startups are innovating in the space.

The interest in crypto trading and engineering new innovations in the space has only risen in India, said Ramani Ramachandran, the CEO of Singapore-based crypto firm ZPX.

“There are pronouncements of these kind (against private digital currencies) but on the ground level there are a bunch of companies coming up.”

While the government and RBI had shown concern against the proliferation of private digital currencies, their interest on the subject has been lukewarm, said Sathvik Vishwanathan, the CEO of cryptocurrency exchange Unocoin.

Vishwanathan said unless there were big moves by authorities across the world banning or allowing cryptocurrency trade, the matter was unlikely to be a part of the Indian government’s agenda.

The industry is, meanwhile, waiting for the Supreme Court’s decision in a case challenging the RBI’s ban on use of banking channels, and the ruling is expected to determine the direction of the cryptocurrency ecosystem in India. (Source: Economic Times)


Mobile Cos Seek Review of Duty on Parts as Imports from Vietnam Soar

Component imports from Vietnam, with which India has a free trade pact, have crossed $1b in H1

The scorching pace of imports of mobile phone components from Vietnam has set alarm bells ringing in the industry, prompting handset makers to ask the government not to impose any additional duties on components and to re-evaluate present duties.

India has imported mobile phone components worth more than $1 billion from Vietnam — with which India has a free trade agreement (FTA) —in the first half of this fiscal alone, compared to $800 million in the whole of 2018-19 and just over $600 million in FY18, an industry association of companies making handset in India has informed the government.

“The import numbers have started to look astounding,” India Cellular and Electronics Association (ICEA) said in a letter to the electronics and IT ministry. “In the face of this, we can ill-afford any further duty imposition and, in fact, need a rethink on whether some of the duties imposed should continue as they are,” it said, urging the government to tweak existing duties under its phased manufacturing programme (PMP) to boost local production and curtail imports.

“Not only should we not proceed with any additional duty imposition and simultaneously withdraw all unintended residual components of basic customs duty, we should re-evaluate all current PMP duties on all sub-assemblies and components by studying the Vietnam imports meticulously,” the association said.

It is futile to have a duty-led regime when zero-duty imports on the same products are permissible through Vietnam and other Asean countries, Korea and Japan, which is being exploited by several companies, it said.

Handset makers had three years ago suggested imposition of duties to thwart imports of electronic products, beginning from mobile phones to its components to help build local capacities to generate volumes and exports. The government consequently imposed basic customs duty of up to 15% on imports of more than half a dozen mobile phone components, including a 20% duty on fully made mobile phones.

While India has become a manufacturer and exporter of fully made mobile phones — Apple, Samsung, Xiaomi make and export 4G and 3G devices from India — it has not been able to establish an ecosystem of component makers.

“The import of substitution concept has run its course,” ICEA said. The National Policy on Electronics 2019 envisages manufacturing target of $190 billion and export target of $110 billion, putting the focus on making India a global manufacturing hub, the volumes of which will pull sub assembly and component industry in the natural course of events, it said.

When differential duty and PMP were conceptualised, Vietnam in particular and ASEAN countries were not considered, the association said. Rather, the focus was on becoming an option to China, for companies to build manufacturing facilities. Even when the issue of FTA and blatant infringement of value-added norms by ASEAN countries came into light, the government did not take adequate action, it said.

“This is extremely disheartening and has made the industry rethink their investment plans in India,” the association said, giving examples of Samsung which moved its television manufacturing facility to Vietnam after India imposed duty of 5% on open cell TV panel, making local manufacturing of LED TVs more expensive for the South Korean consumer electronics company. The duty was eventually revoked.

The association further cautioned that import of printed circuit board assembly (PCBA), which makes up 50% of the cost of making a smartphone, should be prevented and be dealt with an iron hand on the grounds that the import would be clear infringement of 35% value-added norms. (Source: Economic Times)

Govt to vet responses by Amazon, Flipkart on their India operations

Govt to vet responses by Amazon, Flipkart on their India operations. Decision on future action will be taken depending on whether the responses indicate violation of rules, say officials

E-commerce companies including Amazon and Flipkart have submitted their responses to the queries sent to them by the Department for Promotion of Industry and Internal Trade (DPIIT) on their operations in India, which are now being vetted by the government to see if existing rules might have been flouted, an official has said.

Queries on business details such as top sellers, pricing of goods by vendors, capital structure and inventory management system were posed to the e-commerce companies following complaints by brick-and-mortar retailers as well as online vendors alleging that these companies may be violating FDI rules.

“The DPIIT is in the process of going through the responses given by the companies to the queries. Future action will depend on the information received,” the official said.

The Confederation of Indian Traders (CAIT) has complained to the Centre about alleged violation of FDI rules by e-commerce majors and accused them of predatory pricing, deep discounting, controlling inventory and influencing prices. The DPIIT then sent questionnaires to the e-commerce companies asking them to disclose information such as the names of top five sellers on their platform and the price of goods sold by preferred vendors and support to sellers to examine if they had a connection with sellers which could lead to the companies influencing prices of the items sold on their platform. “It is too early for the DPIIT to comment on the information received as it is still being examined. If everything is in order we will let the matter be. If not, then it can be taken up with the appropriate authorities,” the official said. The CAIT, in a press statement on Friday, said that it had convened a meeting of its National Governing Council on November 10 to take stock of the current situation and finalise the strategy for a movement to be launched from November 13. (Source: The Hindu Businessline)

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