An act to provide for the establishment of the Telecom Regulatory Authority of India to regulate the telecommunication services, and for matters connected therewith or incidental thereto. 

Be it enacted by parliament in the Forty eighth Year of the Republic of India as follows:- 


Chapter I 
PRELIMINARY

(1) Short title, extend and commencement. 

This act may be called the Telecom Regulatory Authority of India Act, 1997. 

1. It extends to the whole of India 

2. It shall be deemed to have come into force on the 25th day of January, 1997. 




Chapter II 
DEFINITIONS

(2) Definitions:- 

1 In this Act, unless the context otherwise requires: 

(a) "appointed day" means the date with effect from which the Authority is established under sub-section (1) of section 3; 

(b) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3; 

(c) "Chairperson" means the Chairperson of the Authority appointed under subsection (3) of section 3; 

(d) "Fund" means the Fund constituted under sub-section (1) of section 22; 

(e) "Licensee" means any person licensed under sub-section (1) of section 4 of the Indian Telegraph Act, 1885 (13 of 1885) for providing specified public telecommunication services; 

(f) "member" means a member of the Authority appointed under sub-section (3) of section 3 and includes the Chairperson and the Vice-Chairperson; 

(g) "notification" means a notification published in the official Gazette; 

(h) "prescribed" means prescribed by rules made under this Act; 

(i) "service provider" means the Government and includes a licensee; 

(j) "service provider" means the Government and includes a licensee; 

(k) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex 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 electromagnetic means but shall not include broadcasting services. 

2 Words and expressions used and not defined in this Act but defined in the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall have the meanings respectively assigned to them in those Act. 


3 Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall in relation to that State be construed as a reference to the corresponding law, if any, in that state. 

To understand the meaning of 'licensee' sub - section (1) of section 4 of Indian Telegraph Act, 1855 is reproduced below: 

1. Within India, the Central Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: 

Provided that the central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of India: 

Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working--- 

(a) of wireless telegraphs on ships within Indian territorial waters and on aircraft within or above India, or Indian territorial waters and 

(b) of telegraphs other than wireless telegraphs within any part of India.