Ministry of Communication, Department of Telecommunication, has released the draft Telecommunications (Digital Bharat Nidhi) Rules, 2024, under the authority granted by the Telecommunications Act, 2023. These rules aim to establish the Digital Bharat Nidhi (DBN) for promoting telecommunications services across underserved areas through structured funding and project implementation.
The draft rules introduce the DBN, a dedicated fund to support schemes enhancing telecommunications access in rural, remote, and urban underserved areas. It outlines the roles and responsibilities of the DBN administrator, including the selection of implementers through bidding or nomination processes. Funding modalities, such as full funding, co-funding, and risk mitigation strategies, are detailed to facilitate project execution.
Key criteria for project selection include enhancing telecommunication services, promoting indigenous technology, fostering innovation, and ensuring affordability. The rules emphasize sharing telecommunication networks on a non-discriminatory basis to maximize community benefits. Various provisions for monitoring, evaluation, and dispute resolution ensure effective implementation and accountability.
MINISTRY OF COMMUNICATION
(Department of Telecommunication)
NOTIFICATION
New Delhi, the 4th July, 2024
G.S. R. 365(E).— The following draft rules, which the Central Government proposes to make in exercise of the powers conferred by section 26 read with clause (x) of sub-section (2) of section 56 of the Telecommunications Act 2023 (44 of 2023) are hereby published for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date on which copies of this notification as published in the Official Gazette, are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunication, Ministry of Communication, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi–110 001;
The objection or suggestion which may be received from any person with respect to the said draft rules before the expiry of the aforesaid period shall be taken into consideration by the Central Government.
1. Short title, commencement and savings. –
(1) These rules may be called the Telecommunications (Digital Bharat Nidhi) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall be in supersession of rules 523 to rule 527 of the Indian Telegraph Rules, 1951, but shall not override the terms and conditions of existing arrangements under those rules till the date of expiry of such arrangement.
2. Definitions. –
(1) In these rules, unless the context otherwise requires:-
(a) “Act” means The Telecommunications Act, 2023 (44 of 2023);
(b) “administrator” means the administrator of the DBN appointed by the Central Government for the administration of the DBN;
(c) “agreement” means a contractual agreement made between the administrator, and one or more DBN implementer to implement schemes and projects for the purpose of achieving the objectives of the DBN;
(d) “application” is a process of selecting a DBN implementer through a call for proposals on the basis of technical feasibility;
(e) “bidding” is a means of selecting a DBN implementer for procurement of goods and or services or execution of works by obtaining bids by following any of the standard methods as per guidelines in vogue;
(f) ” DBN” means the Digital Bharat Nidhi established under sub-section (1) of section 24 of the Act;
(g) “DBN implementer” means any person with whom the administrator has entered into an agreement; and
(h) “objective” means any or all of the objectives mentioned in the clause (a) to (d) under section 25 of the Act.
(2) The words and expressions used in these rules and not defined herein but defined in the Act shall have the meanings as assigned to them in the Act.
3. Powers and Functions of the administrator
(1) To achieve the objective of the DBN, the administrator shall select DBN implementers through the process of bidding or inviting applications from eligible persons as set forth in Rule 7 (1), or through the process of nomination as set forth in Rule 7(2).
(2) The administrator shall have the following powers and functions: –
(a) formulating the procedures for bidding, including its terms and conditions, format of application, eligibility criteria and evaluation criteria for selection of DBN implementers pursuant to such bidding.;
(b) formulating eligibility criteria and procedure for inviting and evaluating applications for selection of DBN implementers;
(c) enter into agreement with DBN implementers;
(d) settling claims and disburse funds from the DBN to the DBN implementer;
(e) settle disputes with DBN implementer through mediation, arbitration, conciliation or judicial proceeding as may be provided for in the agreement;
(f) monitoring, evaluating or verifying the work done by the DBN implementer, through any competent body including any third-party agencies;
(g) specifying procedures and records, along with formats, to be maintained and furnished by DBN implementer;
(h) engaging person(s) including consultant(s), advisor(s) or an entity for the purpose of planning, formulation, contract management, midterm review, verification, monitoring, financing, evaluation, impact assessment and management of schemes and projects;
(i) specifying terms and conditions relating to the assets created from the funds disbursed from the DBN;
(j) undertaking pilot study, pursuant to achieving the objective of the DBN;
(k) creating a digital portal to enable DBN implementers and other stakeholders to provide services, facilitate interaction, reporting and monitoring of schemes and projects; and
(l) performing such other functions as may be assigned by the Central Government for the purposes of achieving objective of the DBN.
(3) The Administrator may, by order in writing, designate any officer of the Central Government, for the administration of these Rules.
4. Funding from the Digital Bharat Nidhi. –
(1) Funding from the DBN shall be provided to DBN implementers to implement schemes and projects for the purpose of achieving the objectives of the DBN as specified under section (25) of the Act.
(2) Funds, in terms of a percentage of annual collection under the DBN, as notified, shall be utilized for achieving the objective specified under sub-clause (b) of the section (25) of the Act.
(3) Modalities for funding provided from the DBN for schemes and projects, may be determined by the administrator on a case to case basis, including but not limited to full funding, partial funding, co-funding, market risk mitigation, risk capital.
(4) DBN shall fund schemes and projects for providing targeted access to telecommunication services for underserved groups of the society such as women, persons with disabilities and economically and socially weaker sections.
(5) Funds shall be released to the DBN implementers in a manner, at such intervals and conditions, as may be specified in the agreement.
5. Criteria for undertaking schemes and projects under the DBN. –
The schemes and projects for the purpose of achieving the objectives of the DBN, shall meet one or more of the following criteria: –
(a) provisioning of telecommunication services, including mobile and broadband services, and telecommunication equipment required for delivery of telecommunication services and enhance telecom security in underserved rural, remote and urban areas;
(b) creation of telecommunication network for provisioning of telecommunications services, including mobile and broadband services, in underserved rural, remote and urban areas;
(c) introduction of next generation telecommunication technologies in underserved rural, remote and urban areas;
(d) providing or improving access to advanced telecommunication services in underserved rural, remote and urban areas;
(e) improve affordability of telecommunication services in underserved rural, remote and urban areas;
(f) promote innovation, research & development, promotion and commercialization of indigenous technology development and associated intellectual property, including creation of regulatory sandboxes where necessary;
(g) develop and establish relevant standards to meet national requirements and their standardization in international standardization bodies;
(h) encourage Start-ups in the telecommunications sector;
(i) create bridge between the academia, research institutes, start-ups, and industry for capacity building and development of the telecom ecosystem;
(j) create new technological solutions and deploy new technologies for improving access to telecommunications services;
(k) promote sustainable and green technologies in telecommunications sector; and
(l) establish and fund a person to promote telecommunications growth, telecommunications R&D, standards, Start-ups and telecom manufacturing facilities towards Atmanirbhar Bharat
(m) such other criteria as determined by the administrator as necessary to meet the objectives of the Act.
6. Sharing of Telecommunication networks established under the DBN.
Any DBN implementer receiving funding from the DBN for establishing, operating, maintaining, or expanding a telecommunication network shall share and make available such telecommunication network, and telecommunication services being delivered using such telecommunication networks on an open and non-discriminatory basis, and in accordance with the instructions issued from time to time by the administrator.
7. Selection process of DBN implementer. –
(1) The process for selection of DBN implementers for the purposes of achieving the objectives of the DBN, shall be in accordance with Table-A:
Table-A
| S. No. | Area of funding | Selection Process |
| 1 | Promote and support Telecommunication services for promoting access to and delivery of established telecommunication services in underserved rural, remote and urban areas, including consultancy assistance and advisory support | Bidding |
| 2 | Promote and support Research and development of new or emerging telecommunication technologies/ products/services through, but not limited to, research projects and pilots, co-funding, viability gap funding, and risk capital upto to commercialisation. | Application |
(2) Notwithstanding anything stated in sub-rule(1), the administrator may, for reasons to be recorded in writing, to address any special circumstances, select a DBN implementer by nomination for the execution of projects and schemes in furtherance of the objectives of the DBN.
[F. No. DoT/UBB/2024-1/TelecomAct2023-Rules]
DEVENDRA KUMAR RAI, Jt. Secy.
