Telecommunication Tariff for SMS and Cell Broadcast Alerts via Common Alerting Protocol · No. C/(2)/2021-FEA-I

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART III SECTION 4 TELECOM REGULATORY AUTHORITY OF INDIA NOTIFICATION

New Delhi, the 6th December 2022

No. C/(2)/2021-FEA-I: In exercise of the powers conferred upon it under sub- section (2) of section 11, read with sub-clause (i) of clause (b) of sub-section (1) of the said section, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Telecom Regulatory Authority of India hereby makes the following Order further to amend the Telecommunication Tariff Order, 1999, namely: -

THE TELECOMMUNICATION TARIFF (SIXTY NINTH AMENDMENT) ORDER, 2022 (5 of 2022)

1. Short title, extent and commencement:-

(1) This Order may be called the Telecommunication Tariff (Sixty - Ninth Amendment) Order, 2022. (2) This Order shall come into force from the date of its publication in the Official Gazette.

2. In clause 3 of the Telecommunication Tariff Order, 1999 (hereinafter referred to as the "principal tariff order"), for the word and figures "Schedules I to XII", the word and figures "Schedules I to XIII" shall be substituted.

3. After Schedule XII to the principal tariff order, the following schedule shall be inserted, namely:-

[Signature] (Kaushal Kishore) 6.12.22. प्रधान सलाहकार / Principal Advisor भारतीय दूरसंचार विनियामक प्राधिकरण Telecom Regulatory Authority of India नई दिल्ली-110002 / New Delhi-110002

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"SCHEDULE XIII (See clause 3)

Tariff for Short Message Services (SMS) and Cell Broadcast alerts/messages disseminated by service providers through Common Alerting Protocol platform

[Signature] (Kaushal Kishore) 6.12.22. Pr. Advisor (F&EA)

Note 1. – The Telecommunication Tariff Order, 1999 was published in the Gazette of India, Extraordinary, Part III, Section 4 under notification No. 99/3 dated 9th March, 1999, and subsequently amended as given below: -

[Signature] (Kaushal Kishore) 6.12.22. प्रधान सलाहकार / Principal Advisor भारतीय दूरसंचार विनियामक प्राधिकरण Telecom Regulatory Authority of India नई दिल्ली-110002 / New Delhi-110002

Note 2. – The Explanatory Memorandum explains the objects and reasons for the Telecommunication Tariff (Sixty Ninth Amendment) Order, 2022.

EXPLANATORY MEMORANDUM

1. Introduction 1.1. Section 11(2) of TRAI Act, 1997 provides that: "Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the Authority may, from time to time, by order, notify in the Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Act including the rates at which messages shall be transmitted to any country outside India: Provided that the Authority may notify different rates for different persons or class of persons for similar telecommunication services and where different rates are fixed as aforesaid the Authority shall record the reasons therefor".

2. Background 2.1 Department of Telecom (DoT), vide its letter dated 25th March 2021 requested TRAI to provide tariffs for Short Messaging Service (SMS) and Cell Broadcast alerts/ messages to be disseminated by Telecom Service Providers (TSPs) through Common Alerting Protocol (CAP) platform during disasters/ non-disasters, for dissemination of geo-intelligent alert messages through telecom network for pan-India implementation. The letter, inter alia, stated that: "The National Digital Communication Policy (NDCP)-2018 of Government of India envisages, inter-alia, the following strategy under para 3.4 of its 'Secure India' mission: i. Developing a comprehensive plan for network preparedness, disaster response relief, restoration and reconstruction; ii. Establishing institutional framework to promote monitoring of activities, rapid dissemination of early warning disaster notifications and better coordination and collaboration between relevant Ministries/Departments, including the National Disaster Management Authority of India. Based on the request of National Disaster Management Authority (NDMA), the Centre for Development of Telematics (C-DoT) developed a CAP based pilot platform for dissemination of geo-intelligent alert messages (through telecom network) for State of Tamil Nadu at a cost of Rs 14.99 Crs. The pilot project is at advanced stage of completion. The capabilities of this platform were demonstrated during pandemic/natural disasters of Covid-19 and Cyclones in recent times". The aforesaid DoT letter, inter-alia, further stated that ".....Platform is not meant to disseminate political/commercial messages.....".