The Telecommunication Interconnection Usage Charges Regulation, 2003
(4 OF 2003)
Last Updated 23rd May, 2020 [act1030]
(ii) The regulation shall cover arrangements among service providers for payment of Interconnection Usage Charges, for Telecommunication Services, covering Basic Service that includes WLL (M) services, Cellular Mobile Services, and Long Distance Services (STD/ISD) throughout the territory of India.
(iii) The regulation shall be deemed to have come into force from the date of its notification in the Official Gazette.
2. Definitions. - In this regulation, unless the context otherwise requires,-(i) "Act" means the Telecom Regulatory Authority of India Act, 1997 as amended by TRAI (Amendment) Act, 2000.
(ii) "ADC" means Access Deficit Charge.
(iii) "Authority" means the Telecom Regulatory Authority of India.
(v) "Ceiling(s)" mean(s) the upper limit(s) of a charge specified by the Authority from time to time over which such charges may not be offered.
(vi) "Floor" means a lower limit of a charge specified by the authority from time to time below which such charges may not be offered.
(vii) "Forbearance" means that the Authority has not, for the time being, notified any charge for a particular telecommunication service and the service provider is free to fix any charge for such service. The Authority, however, has a right to intervene at any stage after the introduction of the charge.
(viii) "Interconnection" means the commercial and technical arrangements under which service providers connect their equipment, networks and services to enable their customers to have access to the customers services and networks of other service providers.
(ix) "Interconnection Charge" means the charge for interconnection levied by an interconnection provider on an interconnection seeker.
(x) "Interconnection Usage Charge (IUC)" means the charge payable by one service provider to one or more service providers for usage of the network elements for origination, transit or termination of the calls.
(xi) "Interconnection Provider" means the service provider to whose network an interconnection is sought for providing telecommunication services.
(xii) "Interconnection Seeker" means the service provider who seeks interconnection to the network of the interconnection provider.
(xiii) "International Subscriber Dialing (ISD)" means the facility by which a subscriber can have direct connection between him (in India) with another end user in another country by means of direct dialing through licensed networks. This includes the coverage of the international sector by ILDO and the related national sector by NLDO and/or access provider.
(xiv) "LDCA/LDCC" respectively mean Long Distance Charging Area/Long Distance Charging Centre.
(xv) "Order" means the Telecommunication Tariff Order, 1999 as amended from time to time.
(xvi) "Originating Network" means the network to which an originator of a telecommunication message (voice and non-voice) is proximately connected to.
(xvii) "Originating/Transit/Terminating Service Provider" means the service provider whose network is used for originating/transit/terminating a telecommunication message (voice and non-voice) respectively.
(xviii) "Regulation" means the Telecommunication Interconnection Usage Charges (IUC) Regulation, 2003 (2 of 2003).
(xix) "Reporting Requirement" means the obligation of a service provider to report to the Authority at least 45 working days before implementing any new Interconnection Usage Charge for telecommunication services under "this Regulation" and any changes thereafter.
(xx) "SDCA/SDCC" respectively mean Short Distance Charging Area/Short Distance Charging Centre.
(xxi) "Set Up Costs of Interconnection" means the initial cost of any system up-gradation needed to provide the specific interconnection facilities requested.
(xxii) "Settlement Period" is the period at the end of which the inter-carrier billing IUC/ADC payments among service providers are to be settled, based on the record reconciliation process as may be finalised through mutual arrangements among the service providers.
(xxiii) "Significant Market Power (SMP)" means "A Service Provider holding a share of at least 30% of total activity in a licensed telecommunication service area. These services are categorised as Basic Service, Cellular Mobile Service, National Long Distance Service and International Long Distance Service". Where "Activity" would mean and include any one or more of the following:
(a) Subscriber Base
(b) Turnover
(c) Switching Capacity
(d) Volume of Traffic.
(xxiv) "Subscriber Trunk Dialing (STD)" means the facility by which a subscriber can have direct connection between him and another end user in another SDCA within India by means of direct dialing through the public long distance networks.
(xxv) "Terminating Network" means the network to which a receiver of a telecommunication message (voice and non-voice) is proximately connected to.
(xxvi) Transit Network" means the network through which telecommunication messages (voice or non-voice) from originating networks or other transit networks are transmitted and delivered to terminating or other transit networks.
(xxvii) "Usage Charge" means the charge levied by a service provider for carriage of telecommunication traffic on its network, i.e., for use of its network elements.
(xxviii) "WLL (M)" means limited mobility telephony service using wireless in local loop technology within a Short Distance Charging Area.
[(xxxi)] Words and expressions used in this Regulation and not defined herein but defined in the Act shall have the same meanings assigned to them in the Act.
3. Interconnection Charges. - Interconnection Charges shall continue to be governed by "The Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001 (5 of 2001)" and The Telecommunication Interconnection (Port Charges) Regulation, 2001 (6 of 2001), except to the extent modified by this Regulation. 4. Interconnection Usage Charges (IUC).-The Interconnection Usage Charges are specified in Schedules hereto. Schedule I-Termination Charges Schedule II-Carriage Charges Schedule III-Access Deficit Charge (ADC) [Schedule IV-Interconnect Usage Charge (IUC) for Short Message Service (SMS)](i) Unless specifically provided in the Schedules to this Regulation, the Authority forbears with respect to other Interconnection Usage Charges.
[(ii) The date of effect for actual implementation of IUC shall be 1st February, 2004.]
(iii) The existing Interconnection Usage Charges arrangement between the Interconnecting networks in respect of the items as specified in this Regulation shall hold good till the date on which this Regulation comes in force.
(iv) All existing interconnect agreements/arrangements as on date shall stand amended on the date of actual implementation of this Regulation so as to conform to the present framework of the IUC regime and these shall be submitted to TRAI for registration within 15 days of implementation of this regulation, and for subsequent changes as per Reporting Requirement.
(v) IUC values specified in "the Regulation" shall also be applicable for all Reference Interconnect Offers by Significant Market Powers (SMPs).
5. Reporting requirement. - (i) All service providers shall comply with the Reporting Requirement as defined in section II in respect of Interconnection Usage Charges specified for the first time under "the Regulation", as also all subsequent changes, subject to the provisions of section IV above.(ii) No service provider shall alter any Interconnection Usage Charge or any part thereof, without complying with the Reporting Requirement.
(iii) In respect of matters covered by the provisions of "the Regulation", they shall have an overriding effect over any Regulation, Direction, Determination and Order of the Authority, Reference Interconnect Offer and existing Interconnect agreement/arrangement between Service Providers.
[* * *][calls. This quarterly report shall reach he Authority within 30 days of the end of the previous quarter:] [Provided that the provisions of this clause shall, on and after the 1st day of April, 2008, have effect as if the words "ADC paid in the form of percentage of Adjusted Gross Review" had been omitted and the provisions in this clause relating to reporting requirement after the said date shall be construed accordingly: Provided further that nothing contained in this clause shall apply on and after the 1st day of April, 2008.](vi) Reporting Requirement of Interconnection Usage Charge for Short Message Service (SMS) specified under paragraph (1) of Schedule IV .-Every BSO/CMSP/UASL/NLDO/ILDO shall, on quarterly basis, report to the Authority, the rate of Interconnect Usage Charge for SMS and the total amount of such Interconnect Usage Charge for SMS received by it from other BSO/CMSP/UASL/NLDO/ILDO and paid by it to other BSO/CMSP/UASL/NLDO/ILDO, separately, and such quarterly report shall be submitted to the Authority within thirty days of the end of the previous quarter.]
6. Review. - [(i) The Authority may, from time to time, review and modify Interconnection Usage Charge and Access Deficit Charge.(ii) The Authority may also at any time, suo motu , or on the basis of reported information in terms of clause
(iv) of regulation (5) above or on reference from any affected party, and for good and sufficient reasons, review and modify any interconnection Usage Charge and Access Deficit Charge.]
7. Explanatory memorandum. - This Regulation contains at Annex A, an explanatory memorandum to provide clarity and transparency to matters covered under "the Regulation". 8. Interpretation. - In case of dispute regarding interpretation of any of the provisions of this Regulation, the decision of the Authority shall be final and binding.SCHEDULE I
1. Termination Charges Termination charge for calls to Basic (Fixed, WLL (Fixed), and WLL with limited mobility) and Cellular networks would be uniform @ [Not less than Re. 0.35 (paise thirty five only) per minute and not more than Re. 0.65 (paise sixty five only) per minute]. The same termination charge would be applicable for all types of calls viz. Local, National Long Distance and International Long Distance. 2. Origination Charges Forbearance. The Originating Service Provider shall retain origination charges from the residual after payment of the charges for carriage, termination and access deficit. 3. Carriage Charges Carriage charges have been specified in Schedule II. 4. Access Deficit Charges Access Deficit Charge (ADC) has been specified in Schedule III.SCHEDULE II
CARRIAGE CHARGES
(a) Carriage charges for Long Distance calls within IndiaTABLE 1
(Amount in rupees per minute)
Carriage charges per minute for Long Distance calls within India |
As per mutual agreement between the service providers subject to a ceiling of Rupees 0.65 per minute irrespective of the distance. |
TABLE II
Applicability of Carriage Charge
(F=fixed or WLL(Fixed): W=WLL(M); C=Cellular Mobile)
Type of Traffic |
Carriage Charge |
Carrier (Handover at) |
|
Within SDCA |
|||
W↔F/W |
Nil for direct connectivity/Applicable tendem usage as in Schedule II(b) |
BSO1/BSO2 (Tandem) |
|
W↔C |
Nil (Tandem:Metro)/ |
BSO (Tandem : Metro) BSO (Level II TAX) |
|
|
TAX usage carriage charge (Legel II TAX) |
|
|
F/W/C↔ILD |
As above since ILDO handover is at LDCC TAX |
BSO(TAX) |
|
Intra Circle i.e. Inter (SDCA) |
|||
• |
Carriage as per details in Schedule II |
BSO1/BSO2 |
Depending on Near end or Far end Handover |
F↔W |
Carriage as per details in Schedule II |
BSO1/BSO2 |
|
F/W↔C |
Same as Intra SDCA except TAX charge is "applicable"charge since more than one TAX may be involved. |
BSO (Level II/I TAX) |
|
C↔ILD |
No carriage/tandem in case traffic is picked up or delivered at MSC |
|
ANNEXURE A
Explanatory Memorandum
1. The telecommunication Interconnection Usage Charges Regulation issued on 29th October, 2003 had initially envisaged the implementation of the revised IUC regime by 1.4.2006. As per this regulation, all existing interconnect agreements/arrangements as on date were to stand amended on the date of actual implementation of this regulation, i.e., 1st December, 2003, so as to conform to the framework of the revised IUC regime and these have to be submitted to TRAI for registration within15 days of implementation of this Regulation, and for subsequent changes as per Reporting Requirement. 2. Some of the service providers have now sought clarification on a number of issues relating to•IUC applicable for unified access services
•Numbering, Routing, Point of Interconnections
•Carriage Charges
•Reconciliation issues
•Calls between CMSPs (including BSNL) where direct connectivity has not yet been implemented.
•Implementation details from BSNL.
•The clarifications on the issues raised by Service Providers will be issued in the first week of December, 2003.
3. In view of the above, the date of implementation for the Telecommunication Interconnection Usage Charges Regulation, 2003 (4 of 2003), dated 29th October, 2003 will now be 15th December, 2003 and the service providers have to file with the Authority the amended interconnect agreement, in conformity with this Regulation latest by 23rd February, 2006.