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Telecommunication Regulation, 2054 B.S. || Radio Communication (License) Regulation, 2049 B.S. || National Broadcasting Regulation, 2052 B.S. || Consumer Protection Regulation, 2056 B. S. || ITU Radio Regulation To download full Telecommunication Regulation 2054 B.S. Click here The Telecommunications Regulation, 2054 (1997) In exercise of the powers conferred by Section 61 of the Telecommunications Act, 2053 (1997). His Majesty's Government has made the following Rules :
1. Short Title and Commencement :
1. These Rules may be cited as "the Telecommunications Regulation, 2054 (1997)". 2. This Regulation shall come into force at once.
2. Definitions :
Unless the subject or the context otherwise requires, in this Regulation,:- a. "Act' means the Telecommunications Act, 2053 (1996). b. "Inspector" means the person or body designated by the Authority to make inspection or inquiry pursuant to subsection (2) of Section 17 of the Act. c. "Committee" means the Radio Frequency Policy Determination Committee referred to in Section 49 or the Act. d. "Ministry" means the Ministry of Information and Communications, His Majesty's Government.
Provisions relating to Qualifications of Chairman and Member
3. Qualifications of Chairman and Member :
In order to become the Chairman and Member of the Authority, any Nepalese citizen who has completed the age of forty but not crossed the age of sixty-five must have obtained a Bachelor's Degree from a recognised university in financial, technical, market management, account and auditing or legal field, and done work pertaining to telecommunications in His Majesty's Government Service or in any organisation relating to telecommunications for at least fifteen years in the case of Chairman, and for at least ten years in the case of Member.
4. Functions, Duties and Powers of the Chairman:
The functions, duties and powers of the Chairman shall be as follows : a. To act as the administrative head of the Authority, b. To formulate, and cause to formulate, annual plans and programmes of the Authority and submit them at the meeting of the Authority. c. To look after and control the fund of the Authority, d. To take care of, and maintain, and cause to take care of, and maintain, the property of the Authority, e. To act as a liaison officer between the Authority and His Majesty's Government and other organisations, f. To perform, and cause to perform, other functions delegated by the Authority pursuant to the Act or this Regulation. 5. Remuneration, Facilities and other Conditions of Service of the Chairman
The remuneration, facilities and other conditions of service of the Chairman shall be as prescribed in the Bye-law to be framed under the Act or this Regulation; and pending the framing of the Bye-law, his remuneration, facilities and other conditions of service shall be as prescribed by His Majesty's Government.
6. Meeting Allowance :
The Chairman and Members shall receive a meeting allowance in such sum as prescribed by the Ministry for taking part in each meeting of the Authority.
Provisions relating to Licence
7. Application for Licence :
1. Any person having efficiency in regard to capital, technical and occupational competency referred to in Rule 8 and desiring to operate the telecommunications service pursuant to sub-section 1 of Section 23 of the Act shall, within the time-limit set forth in a public notice published by the Authority pursuant to sub-section 1 of Section 22 of the Act, have to submit an application also setting out the matters referred to in the notice, to the Authority, accompanied thereby the financial and technical study report on the telecommunications service which he desires to operate and the work operation plan, in the format referred to in Schedule- 1. 2. Notwithstanding anything contained in sub-rule 1, an application may be made at any time to the Authority in the format referred to in Schedule- 1 in order to obtain the licence to operate the telecommunications service prescribed by His Majesty's Government by publishing a notice in the Nepal Gazette pursuant to sub-section 2 of Section 23 of the Act. 3. Any person who is operating the telecommunications service by obtaining a licence from His Majesty's Government prior to the commencement of this Act pursuant to sub-section 3 of Section 23 of the Act shall, in order to obtain the licence, submit an application to the Authority in the format referred to in Schedule- 2 within six months of the date of commencement of the Act.
8. Capital, Technical Competency and Efficiency relating to Occupation Required to Obtain Licence :
There shall have to be such capital, technical competency and efficiency relating to occupation as prescribed in Schedule - 3 in order to obtain licence pursuant to sub-rule 1 of Rule 7.
9. Matters to be Set Out in Financial and Technical Study Report and Work Operation Plan :
The applicant shall have to mandatory set out, inter alia, the following matters in the financial and technical study report and work operation plan required to be submitted pursuant to sub-rule 1 of Rule 7 : a. Amount required to operate the telecommunications service, b. Investment capacity, c. Telecommunications System, its quality standards and capacity, to be used for the telecommunications service, d. If the land is to be acquired while operating the telecommunications service, that matter, and if compensation is to be provided, the amount of compensation, e. If any agreement is to be made with any person or organisation, the matters of the agreement, f. Mode of operation of the telecommunications service, g. Amount of fees to be collected from the customers for the operation of the telecommunications service, h. Other necessary matters prescribed by the Authority.
10. Granting of Licence :
1. If any application is made for the Licence pursuant to sub-rule 1 of Rule 7, the Authority shall examine the application and the documents accompanied with the application, and if only one person is found to be eligible to operate such telecommunications service while so examining, the Authority shall have to determine the licence fee, renewal fee and royalty by negotiations with such person and grant licence to the applicant in the format referred to in Schedule- 4. 2. If, while doing examination pursuant to sub-rule 1, more than one person having made application are found to be eligible to operate such telecommunications service, the Authority shall have to give all of those persons a notice to make bids on licence fee, renewal fee and royalty, and grant licence to the person who makes the highest bid in such bidding pursuant to sub-rule 1. 3. The Authority shall, while granting licence pursuant to sub-rule 2, have to grant licence to the person who undertakes to pay the highest amount in calculating the licence fee which the applicant undertakes to pay, the fee payable for the first renewal of the licence and the royalty undertaken to be paid during the period of the licence. 4. The licence fee, licence renewal fee and minimum amount of royalty required to be undertaken for the licence to be granted pursuant to sub-rules 1 and 2 shall be as set forth in the notice published by the Authority pursuant to sub-section 1 of Section 22 of the Act. 5. If any application is made for licence pursuant to sub-rule 2 of Rule 7, the Authority shall examine the application and the documents accompanied with the application, and licence shall have to grant the licence under sub-rule 1 to such person found to be the most eligible person for the licence. 6. If any application is made for licence pursuant to sub-rule 3 of Rule 7, the Authority shall do necessary examination in that regard and grant licence to the applicant in the format referred to in Schedule - 5. 7. Other procedures to be followed while granting the licence pursuant to this Rule shall be as prescribed by the Authority. 11. Licence Fee :
1. The licence fees to be charged for the licence to be granted pursuant to sub-rules 5 and 6 of Rule 10 shall be as follows: a. The fees as prescribed in Schedule - 6, for the licence to be granted pursuant to sub-rule 5 of Rule 10, b. The fees as prescribed by the Ministry by publishing a notice in the Nepal Gazette, for the licence to be granted pursuant to sub-rule 6 of Rule 10. 2. The licensee shall have to pay the licence fee which he has undertaken to pay for the licence to be granted pursuant to sub-rules 1 and 2 of Rule 10 either in lump sum or on an instalment basis as prescribed by the Authority, within the period of the licence.
Renewal, Amendment and Transfer of Licence
12. Period and Renewal of Licence :
1. The period of a licence shall, subject to sub-section 1 of Section 25 of the Act, be as indicated in the licence. 2. If the licensee intends to renew the licence obtained by him, he shall have to make an application to the Authority, accompanied with the renewal fee which he has undertaken for the licence obtained pursuant to sub-rules 1 and 2 of Rule 10, the renewal fee as prescribed in Schedule - 7 for the renewal of the licence obtained pursuant to sub-rule 5 of Rule 10 and the renewal fee prescribed by the Ministry by publishing a notice in the Nepal Gazette for the renewal of the licence obtained pursuant to sub-rule 6 of Rule 10, one year in advance of the expiry of the validity period of the licence. 3. If any licensee who has not got the licence renewed within the time limit referred to in sub-rule 2 makes an application, setting out the reasonable reasons for his failure to get the licence renewed, to the Authority for the renewal of the licence, and if the reasons are found to be reasonable, the Authority may renew the licence upon collecting an additional fee at the rate of twenty-five percent of the renewal fee for up to one month, fifty percent of the renewal fee for up to three months and hundred percent of the renewal fee for up to six months. 4. If any licensee fails to get the licence renewed even within the time limit referred to in sub rule 3, such licence shall not be renewed.
13. Amendment to Licence :
1. If a licensee deems it necessary to amend any matter mentioned in the licence, he shall have to make an application to the Authority in the format referred to in Schedule-8, setting out the reasons for such amendment. 2. If any application is made pursuant to sub-rule 1, the Authority shall make necessary examination there into, and if the reasons given for amendment to the licence are found to be reasonable and proper, while so examining, and if the basic matters contained in the licence are not to be altered, amendment shall have to be made to the licence upon receiving a fee of fifteen thousand rupees.
14. Sale or Transfer of Licence :
1. Any person who desires to give or receive the licence by conveying the title by way of sale or otherwise shall have to make a joint application to the Authority in the format referred to in Schedule - 9 for approval, setting out the mutually settled terms and restrictions too. 2. If any application is made pursuant to sub-rule 1, the Authority shall make necessary examination there into, and if it deems necessary to obtain additional information or description while so making examination, the Authority may demand additional description or information from the persons who have so made the application. 3. The Authority shall, if from the application and the documents attached with the application received under sub-rule 1 as well as the additional information or description demanded under sub-rule 2, it deems proper to let the transfer of title to the licence by way of sale or otherwise, grant approval to transfer the title to the licence by way of sale or otherwise upon receiving from the applicants the sum to be set at the rate of five percent of the licence fees.
Terms to be Abided by Licensee
15. Terms to be Abided by Licensee :
1. The licensee shall have to abide by the following terms, in addition to the terms set forth in the Act and this Regulation: a. To provide the telecommunications service to the customers by using machine and equipment on telecommunications of the quality standard fixed by the Authority. b. To operate telecommunications service in accordance with the minimum standard prescribed by the Authority from time to time. c. Not to use the telecommunications machine and equipment installed by another licensee without the consent of such licensee. d. Not to distribute telecommunications lines through electric poles as far as possible, and even if the lines are to be so distributed, to distribute them by obtaining approval of the concerned body and only in manner that it is safe from the electricity. e. Not to distribute telecommunications lines through public, governmental or personal land, building, house etc. without the consent of the concerned person, body or organisation. f. To provide the telecommunications service in conformity with the agreement made with the customer, while distributing the telecommunications service to the customer. g. To operate the telecommunications service by using only the frequency prescribed in the licence for the telecommunications service in which frequency is used. h. If the telecommunications service provided to the customer becomes disordered due to any reason, to repair and maintain it free of cost in conformity with the standards prescribed by the Authority. i. To publish materials on telecommunications, including telephone directory for the convenience and information of the customers. j. To so operate the telecommunications service that it is in conformity with the minimum standards prescribed by the international Telecommunications Union (ITU) regarding the operation of the telecommunications service. 2. Terms other than those set forth in sub-rule 1 required to be observed by the licensee in operating the telecommunications service shall be as prescribed in the licence.
Inspection, Report and Implementation
16. Powers to Cause Inspection or Inquiry :
The Authority may, if it deems necessary, conduct or cause to be conducted inspection or inquiry in regard to the acts and actions carried out by the licensee for the telecommunications service provided by him.
17. Procedures to be Followed While Conducting Inspection or Inquiry :
1. While conducting inspection or inquiry in connection with the acts and actions carried out by the licensee or the telecommunications service provided by him pursuant to the Act or this Regulation, the Inspector shall, except in cases where the Authority has indicating any matter issued an order to conduct inspection or inquiry, have to conduct inspection or inquiry on the following matters subject to the prevailing law: a. Whether the licensee has operated the telecommunications service by using the machine and equipment relating to telecommunications in harmony with quality standards determined by the Authority or not, b. Whether the telecommunications service has been operated in conformity with the minimum standards prescribed by the Authority or not, c. Whether the licensee has collected the service charge as approved by the Authority or not, d. Whether the acts and actions have been carried out by the licensee in conformity with the terms required to be observed under the Act or this Regulation or not.
18. Powers of Inspector :
The Inspector shall have the following powers in the course of inspection or inquiry pursuant to Rule 17 : a. To enter the place where the telecommunications system is used, b. Te demand any description or information from the licensee, c. To examine the quality standards of the telecommunications service provided by the licensee to the customers and of the telecommunications system used in operating such service, d. To take statements from anyone who-so-ever involved in the operation of the telecommunications service, e. If, while conducting inspection or inquiry, it appears appropriate to issue any order at once to the licensee, pertaining to the operation of the telecommunications service, to give such order, f. To carry out such other functions as are required in regard to inspection or inquiry.
19. To Obey Order of inspector :
1. Where the Inspector has given any order to the licensee in the course of inspection or inquiry pursuant to Rule 17, it shall be the duty of the concerned licensee to carry out the functions as referred to in that order. 2. Any person who is not satisfied with the order given by the Inspector pursuant to sub-rule 1 may file a complaint with the Authority within thirty days, and any decision made by the Authority in regard to the complaint shall be final.
20. To Furnish Report :
1. After conducting inspection or inquiry pursuant to Rule 17, the inspector shall have to furnish with the Authority a detailed report on inspection or inquiry. 2. The report to be furnished pursuant to sub-rule 1 shall set out, inter alia, the following matters: a. The matter inspected or inquired in regard to the acts and actions carried out by the licensee or the telecommunications service provided by him, b. If any technical testing has been performed in the course of inspection or inquiry, the matter as to which telecommunications system has been tested, c. Separate description as to whether the licensee has abided by the terms to be abided by under the Act or this Regulations or not, d. If the licensee has not abided by any terms, the matter as to the reasons for which he has not so abided by, e. If an order has been given in the course of inspection or inquiry to the licensee to immediately carry out any act, the matter in respect whereof the order has been given and reasons for it's giving.
21. Implementation of Report :
1. The Authority shall upon receipt of the report referred to in Rule 20 conduct necessary inquiry in that regard; and if it appears necessary to obtain additional information while so conducting inquiry, the Authority may order the concerned licensee to submit description or documents, require him to appear before it and record his statement or do such other acts as it may deem proper. 2. If the Authority, while conducting inquiry pursuant to sub-rule 1, deems it proper to give any order to the licensee in regard to the acts and actions carried out by the licensee or the telecommunications service provided by him, it shall give a reasonable period of time to carry out acts in conformity therewith, and it shall be the duty of the concerned licensee to carry out acts in conformity with the order so given in due course of time. Chapter - 7Dispute relating to Telecommunications and its Settlement
22. Filing of Complaints with the Authority :
If there arises any dispute in regard to the telecommunications service between the licensees or between the licensee and the customer, the party grieved there from may file with the Authority a complaint also setting out reasons thereof.
23. Procedures to be Followed in the event of Dispute between Licensees :
1. If a complaint as filed with the Authority under Rule 22 following a dispute between the licensees in regard to the telecommunications service, the Authority shall require the concerned licensees to make their presence and shall have to settle the dispute through mutual discussions. 2. If the dispute can't be settled through mutual discussions pursuant to rule 1, the Authority shall for that purpose appoint an arbitral group comprising one representative of each licensee and one representative of the Authority. 3. The arbitrators appointed pursuant to sub-rule 2 shall itself make its rules of procedure to settle the dispute. 4. The arbitrators appointed pursuant to sub-rule 2 shall have to make its decision on the settlement of dispute within fifteen days. 5. The decision made by the arbitration pursuant to sub-rule 4 shall be binding upon the concerned licensees.
24. Procedures to be Followed in the event of Dispute between Licensee and Customer
1. If there arises a dispute between the licensee and the customer in regard to the telecommunications service and a complaint is filed with the Authority pursuant to Rule 22, the Authority shall require the concerned licensee and the customer to make their presence, and settle the dispute through discussions with both the parties. 2. If the dispute can't be settled through mutual discussions pursuant to sub-rule 1, the Authority may give such order as it may deem appropriate to the concerned licensee or the customer, and it shall be the duty of the concerned licensee or customer to act in conformity with that order.
Miscellaneous
25. Operation of Telecommunications Service in Rural Area :
The licensee having obtained licence pursuant to sub-rules 1 and 2 of Rule 10 shall have to utilise fifteen percent of his total investment in the development, expansion and operation of the telecommunications service in the rural area.
26. Payment of Royalty :
1. The licensee having obtained licence pursuant to sub-rule 5 or Rule 10 shall have to pay to His Majesty's Government the royalty in an amount to be set at the rate of four percent of the total income earned by him. 2. The licensee having obtained licence pursuant to sub-rule 6 of Rule 10 shall have to pay to His Majesty's Government the royalty in an amount as prescribed by the Ministry upon notification in the Nepal Gazette.
27. Appellate Committee :
1. For the purpose of making appeal pursuant to Section 48 of the Act, there shall be an Appellate Committee comprising the following members: a. Incumbent Judge of Appellate Court or Special Class Officer of Nepal Judicial Service------------------------------------------------------- Chairman b. Expert Officer of Gazetted First Class or equivalent thereto designated by His Majesty's Government------------------------------------ Member c. Person designated by His Majesty's Government from amongst the officer employees having gained experience in the field of law----------------------------------------- Member 2. The officer employee designated by the Ministry shall act as the Secretary of the Appellate Committee. 3. Procedures and other provisions relating to the meetings of the Committee referred to in sub-rule 1 shall be as determined by the Committee itself. 28. Procedures relating to Meetings of Committee : 1. The committee shall meet on such date, in such time and place as may be appointed by the Chairman of the Committee. 2. The presence of more than fifty percent members of the total number of members of the Committee shall be deemed to constitute a quorum for the meeting. 3. The chairman of the Committee shall preside over the meeting of the Committee and in his absence the member elected by the members of the Committee from amongst themselves shall preside over the meeting. 4. The opinion of the majority shall prevail at the meeting, and in the event of the ties, the person chairing the meeting may exercise the casting vote. 5. The secretary of the Committee shall get the decisions of the meeting of the Committee authenticated by the Chairman and maintain them in an updated manner. 6. Other procedures relating to the meeting of the Committee shall be as set by the Committee itself. 29. Mode and Procedure of Fixing and Allocating/ Distributing Radio Frequency : 1. The Committee shall, subject to the frequency allocated by the International Telecommunications Union (ITU), fix and allocate radio frequency for different services. 2. The Authority shall, subject to the frequency fixed and allocated by the Committee pursuant to sub-rule 2, carry out the act of prescribing and distributing the frequency to be used for the telecommunications service. 30. Prescription of Terms While Distributing Frequency : 1. The Authority shall prescribe the terms to be observed by the Licensee while using the frequency in operating the telecommunications service. 2. The Authority shall have the powers to inquire and monitor as to whether the Licensee has used the frequency in consonance with the terms prescribe under sub-rule 1 or not. 3. If, while conducting inquiry or monitoring pursuant to sub-rule 2, it appears that the Licensee has not used the frequency in consonance with the terms, the Authority shall provide a reasonable period of time as well as an opportunity to the Licensee to use the frequency in accordance with the terms. If the Licensee fails to use the frequency in consonance with the terms even within the period of time so provided, the Authority may prohibit the frequency used by him. 31. Payment of Fees : 1. The Licensee shall, while using the frequency in connection with the operation of the telecommunications service, have to pay to the Authority such fees as prescribed by the Committee. 2. The Authority shall have to deposit the fees received under sub-rule 1 with His Majesty's Government. 32. Function of International and Multi-purpose Coordination of Radio Frequency : It shall be the function of the Ministry to make coordination in consonance with the policy on international and multipurpose coordination of radio frequency formulated by the Committee. 33. Submission of Annual Report : The Licensee shall have to submit a description of the telecommunications service operated by him and the details of his incomes and expenses audited by a recognised auditor to the Authority within three months of the expiry of each fiscal year. 34. Maintenance of Up-to-date Record : The Licensee shall have to prepare and maintain the records on the telecommunications service provided by him to the customer in an up dated manner and shall have to show the said records if the Inspector so requires in the course of his inspection or inquiry. 35. Power to Alter and Change in Schedule : His Majesty's Government may, on the recommendation of the Authority, make alternation or change, as required, in the Schedule. 36. Repeal and Saving : 1. The following Rules are hereby repealed: - a. Local Telephone Regulation, 2022 (1964). b. Telephone Communications (in-land) Regulation, 2023 (1965). c. Telecommunications (International) Regulation, 2024 (1966) 2. The acts performed and actions taken under the Regulations referred to in sub-rule 1 shall be deemed to have been performed and taken under this regulation. ( Relating to sub-rules (1) and (2) of Rule 7) Application to be submitted for Licence
The Nepal Telecommunications Authority, ----------------------------------------- I have submitted this application setting out the following details to obtain licence to operate the following telecommunications service. (1) Person desiring to obtain licence :- (a) Name :- (b) Address :- Permanent :- Temporary :- (2) Type of telecommunications service :- (3) Required to operate telecommunications service :- (a) Estimated Capital :- (b) Proposed Investment :- (c) Source of Investment :- (4) In regard to telecommunications service :- (a) Date of Commencement of work :- (b) Date of completion of work :- (c) Projection of demand and supply of service :- (d) Network expansion :- (e) Description of technology to be used in the network :- (f) Standard service to be provided :- (5) Of telecommunications service :- (a) Manufacturer :- (b) Country wherefrom import is made :- (c) Quality standards :- (6) Frequency intended to be used :- (7) Date on which the telecommunications service can be provided to the customer :- (8) Region where the telecommunications service is to be operated :- (a) District :- (b) Municipality/V.D.C. :- (c) Ward No :- (9) Details of annual profit/loss etc. to be earned or incurred while operating the telecommunications service :- (a) Approximate operation expense :- (b) Approximate income :- (c) Account of profit and loss :- (d) Tariff rate :- (10) Documents to be submitted along with the application :- (a) Copy of the Citizenship Certificate, in case of an individual wishing to obtain the licence. (b) Name of body corporate and documents, showing its legal status, in case of a body corporate wishing to obtain the licence. (c) |
