The telecom department plans to tweak the Indian Telegraph Rules (ITR), 1951, by including `mobile phones' within the definition of the word "telegraph" to ensure mobile operators only deploy cellphones deemed safe after being screened at a local test lab, said an internal note seen by ET.
At present, DoT cannot legally demand such compliance from operators since a mobile phone is a consumer good and outside the broad definition of `telegraph', which only includes telecom network/infrastructure equipment.
The proposed amendment comes at a time when the Bureau of Indian Standards (BIS) has been mandated to frame safety and product standards for cellphones in coordination with DoT's technical arm, Telecom Engineering Centre (TEC).
"Legal enforcement of mobile standards under a (mobile operator's) licence conditions cannot be done unless ITR is amended to include mobile phones within the definition of `telegraph'," the internal DoT note shows.
The government has already initiated the process of amending ITR, 1951, to arm DoT with legal powers to screen telecom network and infrastructure gear at a certified local test lab on security grounds. It will also be able to screen mobile phones once the definition of "telegraph" is widened.
At present, DoT is also establishing a Telecom Testing & Security Certification centre, which will frame the local testing rules.
The decision to engage the BIS to frame standards for mobile phones was taken after DoT realised that "it did not have legal powers to regulate mobile phones. The BIS will formulate product standards for mobile phones that will focus on both the safety and performance aspects.
But the note reveals that TEC is not too pleased about DoT's decision to involve BIS as it has "already prepared interface requirements (IRs) for mobile phones. So much so, in a recent meeting a top TEC official expressed reservations and said "BIS should not pursue formulation of standards for mobile phones".
However, a senior DoT official present in the meeting asserted that BIS was engaged after Directorate General of Foreign Trade (DGFT) advocated mandatory disclosure of a cellphone's specific absorption rate (SAR) value as a pre-condition for all future mobile handset imports into India.
"The DoT asked BIS to prepare standards for mobile phones after DGFT wanted domestic rules to regulate imported mobile phones," said this official, according to the minutes of the meeting.
The SAR value, which is the radiation emitted by a cellphone, will have to be displayed on mobile handsets just as the International Mobile Equipment Identity number is available on handsets imported into India.
Cellphone radiation varies from handset to handset and is measured in terms of its SAR level. Under the new handset emission rules announced two years ago, the radiation limit for imported handsets is pegged at a SAR value of 1.6 watts per kg (W/kg).
Source:- economictimes.indiatimes.com
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