Home / Compliance Cues / Trade & Regulatory Compliance Updates / DoT notifies the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023.

DoT notifies the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023.

DoT notifies the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023.

On 10th April, 2023 the Department of Telecommunications (“DoT”) notified the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023 (“Disaster Alert Rules”) introducing mandatory “cell broadcast” of messages on smartphones and feature phones for providing alerts during disasters/emergencies

Salient features
  • Important definitions: The Disaster Alert Rules define the following relevant terms:
    • The term “smart phone” has been defined under the Disaster Alert Rules to mean “a mobile phone handset with a mobile operating system, which combines features similar to those of a personal computer operating system with other features useful for mobile or handheld use
    • The term “feature phone” has been defined under the Disaster Alert Rules to mean “a mobile phone handset that may incorporate features such as the ability to access internet and store and play music but does not have the operating system feature of a personal computer”
    • The term “cell broadcast” has been defined under the Disaster Alert Rules to mean “a method of sending messages to multiple mobile telephone users in a defined area at the same time in a broadcast manner”
  • Prohibition on manufacture/sale of new smartphones/feature phones without specified facilities: The Disaster Alert Rules specify timelines for the prohibition on the manufacture/sale of specified devices without certain mandated features:
    • Six (6) months after commencement of the Disaster Alert Rules: New smartphones/feature phones will have to provide the following mandated facilities:
      • Mandatory support to receive cell broadcast messages in English & Hindi languages;
      • Storing of received cell broadcast messages for at least twenty-four hours;
      • Maintaining cell broadcast messages on the screen until acknowledged by the user;
      • Alert sound, vibration and light duration for at least thirty seconds; and
      • Mandatory mentioning of cell broadcast capability in feature list and user manuals to increase customer awareness
    • Nine (9) months after commencement of the Disaster Alert Rules: New smartphones/feature phones will have to provide the following mandated facilities:
      • Mandatory receipt of extreme cell broadcast alert messages and the mandatory receipt of severe cell broadcast alert messages may be explored; and
      • Automatic read out of the cell broadcast messages in Indian accent, in English & Hindi languages.
    • Twelve (12) months after commencement of the Disaster Alert Rules: manufacturers can only manufacture/sell smartphones that provide mandatory support to receive cell broadcast messages and automatic read out of such messages in Indian accent, in all Indian languages as per Eighth Schedule to the Constitution of India.
  • Cell broadcast in smartphones already sold within a four year period: Within six months of the commencement of the Disaster Alert Rules, the manufacturer of mobile phone handset and the mobile handset operating system developer are required to explore that the smartphones which have been sold in India within four years prior to commencement of the Disaster Alert Rules (i.e.  10th April, 2019 onwards), have the facility to receive cell broadcast messages and auto read out feature, in all Indian languages as per Eighth Schedule to the Constitution of India.
Our Take

The Disaster Alert Rules appear to be in line with the National Digital Communication Policy 2018 (“NDCP”), published by the DoT, which envisages, inter-alia, the strategy under the ‘Secure India’ mission for

(i) Development of a comprehensive plan for network preparedness, disaster response relief, restoration and reconstruction; and

(ii) Establishment of an institutional framework to promote monitoring of activities, rapid dissemination of early warning disaster notifications and better coordination and collaboration between relevant Ministries/Departments, including the National Disaster Management Authority of India.

Further to the NDCP strategies stated above, in December 2022, the TRAI had issued the Telecom Tariff (69th amendment) Order 2022 on “Tariff for SMS and Cell Broadcast alerts disseminated through Common Alerting Protocol (CAP) platform during disasters/non-disasters” (“Tarrif Order”), that require TSPs to broadcast messages to all the subscribers through Cell Broadcast free of cost during disaster and non-disaster period.

While the introduction of these rules is a commendable initiative by the DoT to give prompt disaster emergency related alerts, there are several implementation related issues aspects which will have to be taken into consideration before the strict realisation of the timelines under the rules. For instance, there are several hardware and software constraints which may impact the narrow timelines provided under the Disaster Alert Rules.

In order to ensure that only those “new” smartphones/feature phones are made available in the market that meet the mandated requirements, more clarity will be needed from the DoT on what is considered a “new” smartphone/feature phone under these rules. This clarification would be specifically necessary to shed light on the position of those smartphones/feature phones which are either already placed in the market (as on the date of the prohibition mandate coming into force under the respective timelines) or are already a part of the production process for entering the market in the coming few months. 

Further, the DoT will also have to provide more clarity on what it means (in terms of compliance) under the rules to “explore” whether smartphones already sold in India (in the preceding four years) have the facilities to receive cell broadcast messages and the auto read out feature. Such a clarification would assist in doing away with any vagueness under the Disaster Alert Rules, especially from a non-compliance and implication standpoint. This is pertinent as it may be difficult in the case of some smartphones to switch to a more advanced software (that allows for such facilities) owing to their make, model and hardware/software specifications. At this stage, it remains unclear what the consequence would be in case previously sold phones are not aligned with this requirement under the rules.

Links

Link to Disaster Alert Rules: – https://egazette.nic.in/WriteReadData/2023/245068.pdf

Link to National Digital Communication Policy 2018:- https://dot.gov.in/sites/default/files/EnglishPolicy-NDCP.pdf

Link to Telecom Tariff (69th amendment) Order 2022:- https://pib.gov.in/PressReleasePage.aspx?PRID=1881420