The United States has asked the Telecom Regulatory Authority of India (TRAI) to allow full vetting of issues through public consultations so that it is able to determine whether or not RIOs (Reference Interconnection Offers) need to be updated or amended.
“Such a process will help ensure the important gains India achieved when it decided to mandate non-discriminatory and reasonable access to these network facilities,” the US Trade Representative (USTR) said in a report that announced the results of the 2011 annual review of the operation and effectiveness of telecommunication trade agreements.
A similar issue was raised by USTR last year too.
During last year’s review, the USTR said commenters expressed concern about the Reference Interconnection Offers (RIOs) that establish the terms and conditions pursuant to which competitive carriers can access the cable landing stations owned and controlled by incumbent operators in India.
The USTR emphasised to India last year the importance of competitive access to these essential facilities and urged India to commence public consultations to allow competitive carriers that are interested in obtaining access to cable landing station facilities to voice their specific concerns, the report said.
The report discusses framework regulations imposed by China relating to information security; restrictions on encryption in India, as well as concerns regarding guidelines governing the importation of telecommunications network equipment in India.
The report also addresses general concerns with equipment standards and conformity assessment procedures (including testing requirements) imposed by Brazil, Costa Rica, China, India and Mexico.
Noting that India is currently exploring how it will implement the 2008 Amendments to the Information Act of 2000, the USTR said US companies are concerned that India will develop policies to implement the 2008 Amendments that will impose stringent and burdensome encryption requirements, including for equipment sold for solely commercial use, or even ban the use of certain encryption technologies.
“While India’s goal of effectively managing its national security concerns is important, India should ensure that its policies do not deviate from commonly accepted or best practices.
To date, the United States and US industry have engaged in a constructive dialogue with India focused on best practices for managing security concerns while not unduly restricting industries’ ability to utilise encryption technology,” the report said.
The USTR will continue to engage India to seek ways to ensure US telecommunication companies can effectively protect information, while also respecting the security concerns of the Indian government, it said.