Telecommunications (Amateur Services) Rules, 2024 · G.S.R. 675(E)

Telecommunications (Amateur Services) Rules, 2024[^1]

Whereas a draft of the Telecommunications (Amateur Station Operator) Rules, 2024, which the Central Government proposes to make in exercise of the powers conferred by section 47 read with clause (zi) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), was published as required by sub-section (1) of section 56 of the said Act vide notification of the Government of India in the Ministry of Communications, Department of Telecommunications number G.S.R. 447(E), dated the 24^th July, 2024, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) dated the 24^th July, 2024, inviting objections and suggestions from the persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas copies of the said Official Gazette were made available to the public on the 25^th July, 2024;

And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 47 read with clause (zi) to sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), and in supersession of the Indian Wireless Telegraphs (Amateur Service) Rules, 1978, except as respects things done or omitted to be done before such supersession and without overriding the terms and conditions of existing arrangements under those rules till the date of expiry of such arrangements, the Central Government hereby makes the following rules, namely:–

1. Short title and commencement. – (1) These rules may be called the Telecommunications (Amateur Services) Rules, 2024.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. – (1) In these rules, unless the context otherwise requires, -

• (a) “Act” means the Telecommunications Act, 2023 (44 of 2023);
• (b) “amateur radio equipment” means a radio equipment required for operating an amateur station;
• (c) “amateur services” means radio communication services for the purpose of self-training, intercommunication and technical investigations carried out by an amateur, that is, by a duly authorised person interested in radio technique, solely with a personal aim and without any pecuniary interest;
• (d) “amateur station” means a radio station operated by an amateur for amateur services;
• (e) “Amateur Station Operator Certificate” or ASOC, means the ASOC (General) or the ASOC (Restricted), as specified under sub-rule (2) of rule 3, and an “ASOC holder” means the person who has been granted such certificate under sub-rule (1) of rule 6;
• (f) “International Telecommunication Convention” means the Convention of the International Telecommunication Union signed at Geneva in 1992 or any subsequent revision or modification thereof, which the Government of India has ratified or accepted;
• (g) “portal” means the portal to be notified by the Central Government under rule 15 of these rules; and
• (h) “Radio Regulations” means the regulations adopted by the World Radiocommunication Conference (Geneva 1995) and includes every revision or modification thereof, which the Government of India has ratified or accepted;

(2) Words and expressions used and not defined herein but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3. Scope. – (1) No person shall install or operate an amateur station except under and in accordance with the terms and conditions of an ASOC granted under these rules.

(2) There shall be the following two categories of ASOC, which may be granted by the Central Government under sub-rule (1) of rule 6, namely,-

• (a) Amateur Station Operator Certificate- General, or ASOC (General); and
• (b) Amateur Station Operator Certificate- Restricted, or ASOC (Restricted).

4. Eligibility conditions for obtaining an Amateur Station Operator Certificate. – (1) The ASOC (General) or the ASOC (Restricted), as the case may be, shall be granted under sub-rule (1) of rule 6 to any person, being a citizen of India, who,-

• (a) is not less than twelve years of age; and
• (b) qualifies the examination specified under rule 5 for the grant of an ASOC:

Provided that the Central Government may, subject to administrative clearance and such terms and conditions as it may specify from time to time, permit a person, not being a citizen of India, to undertake the examination under rule 5 for consideration of the grant of an ASOC, or grant him such certificate, subject to the provisions of sub-rule (2).

(2) The Central Government may, subject to the terms and conditions and administrative clearance of the Ministry of External Affairs, permit any person, not being citizen of India, who holds a certificate issued by a competent authority of that country similar to that granted under rule 6, to apply for grant of ASO Certificate under these rules, in the form as may specified for this purpose in the portal along with a fee of one thousand rupees.

(3) The Central Government may specify the list of countries, the certificates granted by which, may be considered for grant of ASOC under sub-rule (2).

5. Amateur station operator examination. – (1) Any person satisfying the eligibility criteria set forth under rule 4, as may be applicable, may make an application for appearing in the amateur station operator examination for obtaining the ASOC, to the Central Government, in the form specified for this purpose in the portal, one month before the date of such examination.

(2) An application under sub-rule (1) shall be accompanied by examination fee of one hundred rupees.

(3) The Central Government shall publish the syllabus, place, manner, date and time for the examination for obtaining the ASOC in either category as specified under sub-rule (2) of rule 3, including the date of announcement of the results of such examination.

(4) The language of such examination shall be English, and examination for ASOC (General) shall also require such proficiency in Morse Code as may be specified by the Central Government.

(5) The successful completion of the examination under this rule shall require a minimum of forty per cent of the total marks in respect of each category of ASOC.

6. Grant and validity of the Amateur Station Operator Certificate. – (1) The Central Government shall, upon successful completion of the examination under rule 5, issue any of the following categories of certificate, as applied for, along with unique call signs for amateur station operators, subject to payment of fees as specified below,-

Explanation. - For the purposes of this sub-rule, the expression “lifetime” means till the ASOC holder attains the age of eighty years.

(2) On successful completion of the examination by the applicant, payment for the grant of ASOC of either category shall be made within a period of two years from the date of declaration of results of the examination under rule 5, failing which no certificate shall be granted to such applicant:

Provided that such applicant, who becomes ineligible for grant of ASOC may apply for reappearing in the examination referred to in rule 5 for grant of the said certificate.