In March 1999, India unveiled a telecommunications policy that would fundamentally reshape the country’s digital infrastructure. The New Telecom Policy 1999 emerged at a critical moment when the internet was beginning to transform global commerce and communication. This policy recognized that India’s future economic growth would depend heavily on robust telecommunications infrastructure, particularly as the nation aspired to become an IT superpower.

Table of Contents

The context that demanded change

The National Telecom Policy of 1994 had set ambitious targets for India’s telecommunications sector, but by the late 1990s, it became clear that many objectives remained unfulfilled. While the Department of Telecommunications had achieved some milestones, such as providing 8.73 million telephone lines against a target of 7.5 million, significant gaps persisted. Only 3.1 lakh villages had telephone coverage against a target of 6 lakh villages. Private sector participation, which was expected to bridge these gaps, moved slower than anticipated.

More importantly, the technological landscape had transformed dramatically. The convergence of telecommunications, information technology, consumer electronics, and media was blurring traditional boundaries. Telephone companies were entering broadcasting markets, and wireless technology was competing with wireline systems. This convergence demanded a fresh policy framework that could accommodate these rapid changes while positioning India advantageously in the emerging digital economy.

Core objectives of the policy

NTP 1999 articulated a comprehensive vision centered on making telecommunications accessible, affordable, and world-class. The policy aimed to provide affordable and effective communications for all citizens, recognizing that access to telecommunications was crucial for achieving India’s social and economic goals. It sought to balance universal service provision to uncovered areas, including rural regions, with high-level services capable of meeting the needs of the country’s economy.

The policy set specific, measurable targets. It aimed to make telephone service available on demand by 2002 and achieve a teledensity of 7 by 2005 and 15 by 2010. Rural telephony received special attention, with plans to increase rural teledensity from 0.4 to 4 by 2010. The policy also committed to providing Internet access to all district headquarters by 2000 and high-speed data capability to all towns with populations greater than 2 lakh by 2002.

Enabling electronic commerce and IT growth

A distinctive feature of NTP 1999 was its explicit focus on supporting electronic commerce and information technology development. The policy acknowledged that inadequate bandwidth could severely constrain the growth of IT and e-commerce sectors. To address this, it committed to developing bandwidth capacity of 10 Gb on national routes and even terabytes on congested important routes.

The policy stated that online electronic commerce would be encouraged so that information could be passed seamlessly. This forward-thinking approach recognized that telecommunications infrastructure was not merely about voice calls but was fundamental to India’s broader digital transformation. The policy framework aimed to create an environment that would enable continued attraction of investment in the sector and allow creation of communication infrastructure by leveraging technological developments.

Creating infrastructure for digital services

The policy envisioned converting Public Call Offices into Public Teleinfo centres with multimedia capabilities. These centers would offer services like ISDN, remote database access, and government and community information systems. This transformation reflected the policy’s understanding that telecommunications facilities needed to evolve beyond basic voice services to support data transmission and information access essential for e-commerce and digital services.

The stance on internet telephony

One of the more conservative aspects of NTP 1999 was its position on Internet Telephony. The policy explicitly stated that Internet Telephony would not be permitted at that stage. However, it also indicated that the government would continue to monitor technological innovations and their impact on national development, promising to review this issue at an appropriate time.

This cautious approach reflected concerns about protecting existing telecommunications operators who had made substantial investments in traditional infrastructure. The policy sought to balance innovation with stability during the transition period. By 2002, following recommendations from TRAI, Internet Telephony was partially liberalized in India, allowing Internet Service Providers to offer PC-to-PC voice services. This gradual opening acknowledged the inevitability of technological convergence while giving traditional operators time to adapt.

Strengthening the regulatory framework through TRAI

Perhaps one of the most significant contributions of NTP 1999 was the enhanced role it envisioned for the Telecom Regulatory Authority of India. Formed in January 1997, TRAI was designed to provide an effective regulatory framework ensuring fair competition and consumer protection. NTP 1999 committed to making TRAI a strong and independent regulator with comprehensive powers and clear authority.

The policy clarified that TRAI had the authority to issue directions to all service providers, including the government in its role as a service provider. This was crucial for ensuring a level playing field. The policy stated that TRAI had full adjudicatory powers to resolve disputes between service providers, and importantly, it clarified that these powers extended to disputes between government service providers and private operators.

Regulatory responsibilities and independence

TRAI’s responsibilities under NTP 1999 included ensuring fair competition through several mechanisms. The regulator would oversee interconnection arrangements between different service providers to ensure non-discriminatory access. It would regulate tariffs to prevent predatory pricing while ensuring affordability for consumers. TRAI was also tasked with setting and enforcing service quality benchmarks across the sector and advising on fair allocation of scarce resources like spectrum and numbering.

The policy recognized that without strong regulatory oversight, market forces alone might not deliver optimal outcomes, particularly in a sector characterized by network effects and high entry barriers. By empowering TRAI and clarifying its jurisdiction even over government entities acting as service providers, NTP 1999 established a crucial institutional foundation for fair competition.

Addressing the government’s dual role

One innovative aspect of the policy was its approach to the government’s dual role as both policymaker and service provider through entities like BSNL and MTNL. The policy decided to separate the policy and licensing functions of the Department of Telecommunications from the service provision functions. It planned for the corporatization of DoT by 2001, keeping in mind the interests of all stakeholders.

This separation was essential for ensuring that government-owned operators would compete on equal terms with private players. The policy specified that all future relationships between MTNL, VSNL, and the corporatized DoT would be based on commercial principles. Furthermore, TRAI’s ability to regulate government entities as service providers ensured that regulatory decisions would be made independently of the government’s commercial interests in telecommunications.

Universal service obligations and funding

NTP 1999 demonstrated commitment to bridging the digital divide through its universal service provisions. The policy committed to providing voice and low-speed data services to the remaining 2.9 lakh uncovered villages by 2002. To fund these initiatives, it established a universal access levy calculated as a percentage of revenue earned by all operators under various licenses.

This funding mechanism ensured that the benefits of telecommunications expansion in urban and profitable areas would subsidize service provision in rural and remote regions. Fixed service providers were mandated to undertake universal service obligations and would be reimbursed from the universal access levy funds. This approach aligned commercial incentives with social objectives, ensuring that telecommunications development would be inclusive.

Long-term impact on India’s digital economy

The New Telecom Policy 1999 laid crucial groundwork for India’s telecommunications revolution in the following decades. By emphasizing competition, accessibility, and forward-looking approaches to emerging technologies, the policy helped transform India’s telecommunications landscape from a government monopoly to a competitive market with multiple players.

The policy’s recognition of bandwidth requirements for IT growth and e-commerce development proved remarkably prescient. Many of the digital economy successes India has witnessed in subsequent decades can trace their enabling conditions back to the regulatory and infrastructure foundations established under this framework. The strengthening of TRAI as an independent regulator created the institutional capacity necessary for managing the complex telecommunications ecosystem that would emerge in the following years.

What do you think? How did the New Telecom Policy 1999’s approach to balancing innovation with regulation contribute to India’s subsequent growth as an IT hub? Could the initial restriction on Internet Telephony have been handled differently while still protecting existing operators’ interests?

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References
  1. https://www.trai.gov.in/sites/default/files/2024-10/New_Telecom_Policy%201999.pdf
  2. https://dot.gov.in/new-telecom-policy-1999
  3. https://cis-india.org/telecom/resources/new-telecom-policy-1999
  4. https://policy.communitynetworks.group/country-profiles/india

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Regulation of Cyberspace

1 Domestic Laws- Backgrounder

  1. Challenges to Laws
  2. Information Technology Act 2000
  3. Critiques of the I.T. Act
  4. Proposed Amendments to the I.T. Act

2 Information Technology Act โ€“ Part-I

  1. Statement of Objects and Reasons
  2. Application of the Act โ€“ The Extra-Territorial Effect
  3. Digital Signatures
  4. E-governance

3 Information Technology Act โ€“ Part-II

  1. Adjudication (Chapter IX)
  2. Penalties and Offences (Chapter IX & XI)
  3. Network Service Provider Liability (Chapter XII)
  4. Amendments to Certain Statutes

4 International Treaties, Conventions and Protocols Concerning Cyberspace

  1. United Nations Commission on International Trade Law
  2. World Summit on Information Society
  3. United Nations Commission on Trade and Development
  4. Council of Europe
  5. World Trade Organization
  6. World Intellectual Property Organization

5 Guidelines Issued by Various Ministries

  1. Broadband Policy 2004
  2. .IN Internet Domain Name โ€“ Policy Framework
  3. Draft Policy Guidelines on Web-site Development Hosting and Maintenance
  4. New Telecom Policy 1999 (NTP 1999)
  5. Information Technology Security Guidelines
  6. SEBI Guidelines on Internet-based Trading and Services
  7. Guidelines for Setting up of International Gateways for Internet

6 Introduction to Computer Wrongs

  1. Computer Wrongs
  2. Classification of Computer Crimes
  3. Technology-neutral and Technology-based Laws
  4. Regulation Versus Freedom on the Internet
  5. Information Technology Act 2000
  6. Convention on Cyber Crime โ€“ Council of Europe

7 Conventional Crimes Through Computer

  1. Cyber Defamation
  2. Digital Forgery
  3. Cyber Pornography
  4. Cyber Stalking/Harassment
  5. Online Gambling
  6. Online Sale of Illegal Articles

8 Crimes and Torts Committed on a Computer Network and Relating to Electronic Mail

  1. Hacking/Unauthorized Access
  2. Denial of Service
  3. Crimes Relating to Electronic Mail: E-mail Spamming/E-mail Bombing
  4. Crimes Relating to Electronic Mail: E-mail Spoofing

9 Crimes Relating to Data Alteration/Destruction

  1. Internet Fraud and Financial Crimes
  2. Virus Worms Trojan Horses and Logic Bombs
  3. Theft of Internet Hours
  4. Salami Attacks
  5. Data Diddling
  6. Steganography

10 Issues of Jurisdiction and Applicable Law in Cyberspace

  1. Jurisdiction in Cyberspace
  2. Theories of Jurisdiction in Criminal Cases
  3. General Jurisdiction in Computer Crimes
  4. Application of โ€˜Effectsโ€™ Doctrine in Computer Crimes
  5. Convention on Cyber Crime โ€“ Council of Europe
  6. Applicable Law in Computer Crimes

11 Enforcement Issues in Cyberspace

  1. Prevention
  2. Detection of Crime
  3. Use of Cyber Forensics
  4. On-going Efforts in India

12 Online Dispute Resolution

  1. Internet Fraud and Financial Crimes
  2. Theories of Jurisdiction in Criminal Cases
  3. Prevention
  4. Online Dispute Resolution (ODR)