Despite repeated notices from the Department of Telecommunications (DoT), several major e-commerce players including Amazon.in and Flipkart, continue to sell wireless equipment, including mobile signal boosters and repeaters.

According to Cellular Operators Association of India (COAI), an association of mobile service providers, telecom equipment, internet services providers and other digital technologies' companies, the e-commerce companies have been selling such devices that claims to enhance signals in certain telecom spectrum bands that are assigned only to Service Providers licensed by the Central Government under the Indian Telegraph Act.

Sale of such devices, without valid license, is an offence and tantamounts to fine and imprisonment of upto three years or more, COAI said.

In a letter to to all the e-commerce players, the COAI had asked them to “immediately cease and desist from selling mobile signal boosters /repeaters” on their respective websites as the usage of such devices by end customers creates severe interference in the licensed frequency bands and impacts the overall quality of services of the telecom service providers.

The letter, written by COAI’s Director General Rajan S Mathews on March 12, 2019, has also been sent to the DoT and highlights the lackadaisical attitude of the e-commerce players in dealing with a situation that indirectly violates the Indian Telegraph Act and directly flouts the rules set by the Information Technology Act and Information Technology rules that covers online marketplaces as Intermediaries.

As per the above mentioned Act, the Intermediaries need to obtain a Dealer Possession License (DPL) under the Indian Wireless Telegraphy Act for sale of devices under the licensed bands.

The letter also stated that COAI, had communicated about the concerns raised by the DoT to all the ecommerce players last year to which they clarified their role as an intermediary and that they do not require any DPL license.

BusinessLine contacted the concerned websites seeking the action they have taken in resolve the issue.

While Flipkart did not respond to any mails, Amazon said that it is an online marketplace and that the “Sellers selling their products through the Amazon.in marketplace are solely responsible for all necessary product compliance and are required to sell products which are legally allowed to be sold in India. Whenever concerns about the listed products get raised, we review the case with the sellers. ”

“As an intermediary, Snapdeal has a robust takedown mechanism in compliance with its legal obligations. COAI's communication will be acted upon as per due process,” said a Snapdeal spokesperson.

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