Important Information
Telecommunications (Terms and Conditions for Migration) Rules, 2026
Comprehensive Overview
Old Licensing Regime vs Authorisation
| Aspect |
Old Regime
Unified License (VNO) Regime
|
New Regime
Authorisation Rules, 2026 (under Telecommunication Act 2023)
|
|---|---|---|
| Legal Basis | Based on Indian Telegraph Act, 1885 | Based on Telecommunication Act 2023 |
| Model | Agreement for License (UL/UL-VNO) |
Authorisation regime for provision of:
|
| Instrument Type | License (agreement-based) | Authorisation (rule-based statutory system) |
| Tenure | 20 years for UL/UL-VNO | 20 Years |
| Migration | As per UL/UL-VNO Guidelines | As per Telecommunications (Terms and Conditions for Migration) Rules, 2026 |
Migration Application Process
1
Applicant seeks to migrate a license that has a definite validity period, the
application under sub-rule (1) of Telecommunications (Terms and Conditions for
Migration) Rules, 2026 shall be made at least twelve months prior to the expiry of
such licenseA licensee who fulfils the requirement of continued adherence to
eligibility conditions under the authorisation rules shall be eligible to apply for
migration.An applicant seeking migration shall submit an application, in such form
and manner and accompanied by such documents as specified on the portal, and shall
pay such nonrefundable processing fee as is applicable to the relevant authorisation
under the authorisation rules.I
2
Migration Approval & Financial Terms:
The Central Government, on receipt of an application for migration may issue a
letter of intent, through the portal, to such applicants that are eligible,
specifying the terms and conditions, including
- migration of all licenses, the scope and the service area or network area of which are being covered in their entirety within the scope and service area or network area of the terms and conditions of the authorisation in respect of which the letter of intent is being issued
- submission of an unconditional and irrevocable undertaking to pay to the Central Government any amounts that may be determined to be pending dues for the period prior to the approval for migration
- payment of the difference in amount between the sum total of the entry fees paid in respect of licenses to be migrated, and the entry fee specified for the relevant authorisation under the authorisation rules, and submission of a guarantee for an amount equivalent to the difference in amount between the sum total of bank guarantees submitted in respect of licenses to be migrated and the bank guarantee specified for the relevant authorisation under the authorisation rules, where applicable
- submission of an unconditional and irrevocable undertaking in such form and manner as specified on the portal, relinquishing the overlapping authorisation, if any, from the effective date of migration under sub-rule (2) of rule 5
Pending Dues Requirement
- Submission of an unconditional and irrevocable undertaking to pay to the Central Government any amounts that may be determined to be pending dues for the period prior to the approval for migration.
Pending dues" shall mean unpaid amounts against any claim arising on account of any
license, authorisation or assignment, irrespective of its termination, revocation,
surrender or the expiry of its duration, which are due and payable.
Validity & Obligations
The duration of authorisation will be as per authorization rules under which the
existing license has been migrated.
The migration pursuant to the approval under sub-rule (2) of rule 5 and any relinquishment under rule 6, shall not affect the following:
- Roll out obligations, and any other relevant obligations or liabilities including financial dues, determinations of violations and imposition of penalty thereof, if any, associated with such licenses or overlapping authorisation, shall remain applicable under the terms and conditions thereof, even after the migration or relinquishment, as the case may be.
- The resource provided and permission given by the Central Government with respect to the licenses migrated under sub-rule (2) of rule 5 or overlapping authorisation relinquished under rule 6, shall continue to apply in accordance with the terms on which it was obtained, unless the Central Government determines otherwise in public interest.
For the purpose of
clause (b), the expressions:
"Resource" means
- The telecommunication identifiers already allocated; or
- Spectrum held by the relevant entity; or
- Certificate of compliance held by the relevant entity in respect of the license or overlapping authorisation, as the case may be.
"Permission" includes
- Coverage test certificates as a part of compliance of roll-out obligations
- Clearances, approvals, permissions for deployment for foreign nationals granted to the relevant entity
- Other permissions including for remote access and gateways permissions
Related Documents & Resources
Telecommunications
(Migration) Rules, 2026 Documents
Migration Rules