ANALYTICS
PERMITTING YEAR IN REVIEW PERSPECTIVES OF ANJALI SUGADEV
INDIA’S RECENT RECOMMENDATIONS RELATING TO SUBMARINE CABLES
In 2017, my paper, “India’s Critical Position in the Global Submarine Cable Network: An Analysis of Indian Law and Practice on Cable Repairs,” (Sugadev, 2017) highlighted the state of the submarine cable repair permitting situation in India. The paper included suggestions that could potentially elevate India’s status as a significant cable hub in the region. Geography is key, and it favors India if leveraged efficiently! Fast-forward seven years, and the Telecom Regulatory Authority of India (TRAI) has issued substantive recommendations to address current challenges and enhance the submarine cable industry, and consequently, the digital network in India. In this article, I analyze TRAI’s 2023 recommendations as a continuation of the conversation on facilitating cable repairs through a supportive permitting system. India has come a long way from its conservative stance on seaborne activities, primarily due to national security concerns stemming from the 2008 terrorist attack in Mumbai. That incident reshaped the country’s defense posture, leading to increased scrutiny of all ocean activities. As a result, the permitting system for laying and
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repairing submarine cables in India’s jurisdictional waters remains cumbersome, requiring the involvement of multiple government agencies and officials. Recently, the government has acknowledged that a restrictive approach hampers the country’s growth. SubTel Forum’s tenth report emphasizes that “the world continues to consume ever-increasing amounts of data, with international bandwidth demand projected to nearly double every two years for the foreseeable future.” (Submarine Telecoms Forum, 2021) In line with the global internet boom, India’s internet consumption has skyrocketed following the introduction of 5G technology and the expansion of data centers. (Telecom Regulatory Authority of India, 2023) In this context, the Department of Telecommunications (DoT) sought TRAI’s advice to improve the “Licensing Framework and Regulatory Mechanism for Submarine Cable Landing in India” (Licensing Recommendations). After assessing the current framework, analyzing feedback from industry stakeholders, and examining licensing frameworks in other countries, TRAI published its recommendations in June 2023, which are discussed in this article. Additionally, TRAI released another set of recommendations in May 2023, titled “Recommendations on Ease