telecom sector in india

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Telecom Sector In India :

MARS & Partners International Legal Consultants, Advocates & IPR Attorneys :

Introduction :

Historical Background :

Historical Background Section 2 (1)k TRAI Act service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro-magnetic means MARS & Partners © 2010 MARS & Partners. All Rights Reserved

II :

Telecommunication Laws :

Governmental Policies :

Governmental Policies National Telecom Policies 1994 and 1999 Broad policy guidelines Aims: over all development Unified Access Licensing Unification and streamlining of licensing system Broadband Policy, 2004 Cable and Broadcasting Services Considered under telecom services since 2004 Conditional Access System MARS & Partners © 2010 MARS & Partners. All Rights Reserved

III :

Mergers and Acquisitions :

Mergers and Acquisitions Significant driver of M & A Activity in India $5.7 billion and $11 billion in 2008 and 2007 Reasons Improving market access Spectrum Scarcity Recurring costs on technology MARS & Partners © 2010 MARS & Partners. All Rights Reserved

Foreign Investment :

Foreign Investment Attractive avenue for foreign investment since 1990. 20.7% growth, revenues of Rs.1, 57,542 crore in 2008-09. Reasons Fastest growing sector Recurring costs on technology MARS & Partners © 2010 MARS & Partners. All Rights Reserved

Foreign Investment: FDI Policy :

Foreign Investment: FDI Policy Basic Framework Maximum limit- 74 % (including indirect investment) 49% automatic route Licensing requirements Security Requirements Some officers and majority of directors to be Indians Restriction on transfer of information outside India Secured transmission 100 % FDI in E-commerce activities Including OSP like BPO, Call centers, tele-marketing etc. MARS & Partners © 2010 MARS & Partners. All Rights Reserved

Other Emerging Areas :

Other Emerging Areas Infrastructure Sharing enhancing the spread of network coverage in a geographically vast country as India helps in reducing the risk factors for the telecom companies DoT Guidelines sharing will be limited to antenna, feeder cable, node B, and radio access network and transmission system only do not permit the sharing of spectrum among the service providers Emerging Technologies Advent of 3G Technology in India MARS & Partners © 2010 MARS & Partners. All Rights Reserved

Legal Services for Telecom Sector :

Legal Services for Telecom Sector LEGAL advice pertaining to the licensing and regulatory requirements concerning the various telecommunication services. LEGAL assistance in drafting and approval of license agreements for different telecom services. HANDLING matters concerning foreign investments in telecom sectors and compliance to the statutory requirements. SERVICES regarding the corporate restructuring and consolidation procedures and requirements in telecom sectors particularly guiding on merger of licenses. DISPUTE resolution regarding telecommunications services before TDSAT. ADVISING on the changes and modifications in the existing telecom regime and emerging issues like infrastructure sharing, new telecom technologies. MARS & Partners © 2010 MARS & Partners. All Rights Reserved

Reach Us :

Reach Us MARS & Partners International Legal Consultants, Advocates and IPR Attorney A-415, Defence Colony, New Delhi-110 024, INDIA Tel.: + 91-11- 4652 5466 / 77 / 88, Fax: + 91-11- 4652 5455 Email: info@marsandpartners.com Website: www.marsandpartners.com MARS & Partners © 2010 MARS & Partners. All Rights Reserved