It is still not.
Please refer this url on latest 2009 circular which speaks about Equipment Type Approval for delicenced band radio equipments. Which means that even though there is delicencing there still remains requirment of ETA. You may please refer the last line of the post
http://210.212.79.13/Static/EquipmentTypeApproval.html I have also appended the notifications which you were refering in your post.
Government of India
Ministry of Communications and Information Technology
(Wireless Planning and Coordination Wing)
NOTIFICATION
New Delhi, 10th January, 2007.
G.S.R.34 (E).- In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act, 1885 (13 of 1885) and sections 4 and 10 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), the Central Government hereby makes the following rules to amend the Use of low power wireless equipment in 335 MHz for remote control of cranes (Exemption from Licensing Requirement) Rules, 2005, namely:-
1. (1) These rules may be called the Use of low power wireless equipment in 335 MHz for remote control of cranes (Exemption from Licensing Requirement) Amendment Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the said rules, for rule 4, the following rule shall be substituted, namely:-
“4. Interference.- The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy, where any person whom a licence has been issued under section 4 of the Act, informs that his licensed system is getting harmful interference from any other radio communication system exempted under these rules, the user of such unlicensed wireless equipment shall take necessary steps to avoid interference by relocating the equipment, reducing the power, using special type of antennae including discontinuation of such wireless use, if required:
Provided that, before such discontinuation, a reasonable opportunity to explain the circumstances shall be offered to such unlicensed user of wireless equipment.”
[No. R-11014/31/2004-LR]
(P Chandrasekharan), Asst Wireless Advisor
Note: The principal rules were published in the Gazette of India, Part II, Section 3, Sub-Section (i), dated the 12th August, 2005, vide notification No.532 (E), dated the 12th August, 2005.
Government of India
Ministry of Communications and Information Technology
(Wireless Planning and Coordination Wing)
NOTIFICATION
New Delhi, 10th January, 2007.
G.S.R.35 (E).- In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act, 1885 (13 of 1885) and sections 4 and 10 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), the Central Government hereby makes the following rules to amend the Use of low power wireless equipment in the citizen band 26.957-27.283 MHz (Exemption from Licensing Requirement) Rules, 2005, namely:-
1. (1) These rules may be called the Use of low power wireless equipment in the citizen band 26.957-27.283 MHz (Exemption from Licensing Requirement) Amendment Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the said rules, for rule 4, the following rule shall be substituted, namely:-
“4. Interference.- The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy, where any person whom a licence has been issued under section 4 of the Act, informs that his licensed system is getting harmful interference from any other radio communication system exempted under these rules, the indoor user of such unlicensed wireless equipment shall take necessary steps to avoid interference by relocating the equipment, reducing the power, using special type of antennae including discontinuation of such wireless use, if required:
Provided that, before such discontinuation, a reasonable opportunity to explain the circumstances shall be offered to such unlicensed user of wireless equipment.”
[No. R-11014/31/2004-LR]
(P Chandrasekharan), Asst Wireless Advisor
Note: The principal rule were published in the Gazette of India, Part II, Section 3, Sub Section (i), dated the 12th August, 2005, vide notification No.533 (E), dated the 12th August, 2005.
Government of India
Ministry of Communications and Information Technology
(Wireless Planning and Coordination Wing)
NOTIFICATION
New Delhi, 10th January, 2007.
G.S.R.36 (E).- In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act, 1885 (13 of 1885) and sections 4 and 10 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), the Central Government hereby makes the following rules, to amend the “Use of low power Equipment in the frequency band 865 – 867 MHz for (RFID) Radio Frequency Identification Devices (Exemption from Licensing Requirement) Rules, 2005.” namely:-
1. (1) These rules may be called the Use of low power Equipment in the frequency band 865 – 867 MHz for (RFID) Radio Frequency Identification Devices (Exemption from Licensing Requirement) Amendment Rules, 2006.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In Rule 3, the words “shared (non-Exclusive)“ shall be substituted in place of “non-exclusive”
3. In the said rules, for rule 4, the following rule shall be substituted.-
“4. Interference.- The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy, where any person whom a licence has been issued under section 4 of the Act, informs that his licensed system is getting harmful interference from any other radio communication system exempted under these rules, the indoor user of such unlicensed wireless equipment shall take necessary steps to avoid interference by relocating the equipment, reducing the power, using special type of antennae including discontinuation of such wireless use, if required:
Provided that, before such discontinuation, a reasonable opportunity to explain the circumstances shall be offered to such unlicensed user of wireless equipment.”
( No.R-11014/23/2004-LR )
(P.Chandrasekharan), Assistant Wireless Advisor.
Note: The principal rule were published in the Gazette of India, Part II, Section 3, Sub-Section (i), dated the 11th March, 2005, vide notification No.168 (E), dated the 11th March, 2005.
Government of India
Ministry of Communications and Information Technology
(Wireless Planning and Coordination Wing)
NOTIFICATION
New Delhi, 10th January, 2007
G.S.R.37 (E).- In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act, 1885 (13 of 1885) and sections 4 and 10 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), the Central Government hereby makes the following rules to amend the Indoor Use of low power wireless equipment in the frequency band 5 GHz (Exemption from Licensing Requirement) Rules, 2005, namely:-
1. (1) These rules may be called the Indoor use of low power wireless equipment in the frequency band 5 GHz (Exemption from Licensing Requirement) Amendment Rules, 2006 .
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Indoor use of low power wireless equipment in the frequency band 5 GHz (Exemption from Licensing Requirement) Rule, 2005 (hereafter referred to as the said rules), in rule 3, after the words “coverage area” , the words “on non-interference, non-protection and shared (non-exclusive) basis” shall be inserted.
3. In the said rules, for rule 4, the following rule shall be substituted, namely:-
“4. Interference.- The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy, where any person whom a licence has been issued under section 4 of the Act, informs that his licensed system is getting harmful interference from any other radio communication system exempted under these rules, the indoor user of such unlicensed wireless equipment shall take necessary steps to avoid interference by relocating the equipment, reducing the power, using special type of antennae including discontinuation of such wireless use, if required:
Provided that, before such discontinuation, a reasonable opportunity to explain the circumstances shall be offered to such unlicensed user of wireless equipment.”
[No. R-11014/31/2004-LR]
(P Chandrasekharan), Asst Wireless Advisor
Note: The principal rule were published in the Gazette of India, Part II, Section 3, Sub-Section (i), dated the 28th January, 2005, vide notification No.46 (E), dated the 28th January, 2005.
Government of India
Ministry of Communications and Information Technology
(Wireless Planning and Coordination Wing)
NOTIFICATION
New Delhi, the 19th January, 2007.
G.S.R.38 (E). - In exercise of the powers conferred by sections 4 and 7 of the Indian Telegraph Act, 1885 (13 of 1885) and sections 4 and 10 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.- (1) These rules may be called the Outdoor Use of wireless Equipment (Exemption from Licensing Requirement) Rules, 2007.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definition.- In these rules, unless the context otherwise requires,-
(a) “Act” means the Indian Telegraph Act, 1885 (13 of 1885);
(b) “Effective Isotropic Radiated Power” includes the gain of the antenna, if any;
(c) words and expressions used in these rules and not defined but defined in the Act and the Indian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the same meanings respectively as assigned to them in those Acts.
3. Use of wireless equipment in the 5.825 to 5.875 GHz.- Notwithstanding anything contained in any law for the time being in force, no licence shall be required by any person to establish, maintain, work, possess or deal in any wireless equipment for the purpose of low power Wireless Access System, including Radio Local Area Networks, in the frequency band of 5.825 to 5.875 GHz with the Maximum Effective Isotropic Radiated Power and maximum power of transmitter as specified in the Table below, namely:-
TABLE
Frequency band Maximum power of transmitter Maximum Effective Isotropic Radiated Power
(1) (2) (3)
5.825 to 5.875 GHz 1 W (30 dbm) in spread of 10 MHz or higher. 4 Watt peak or 36 dbm
-2-
4. Interference- The effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy, where any person whom a licence has been issued under section 4 of the Act, informs that his licensed system is getting harmful interference from any other radio communication system exempted under these rules, the outdoor user of such unlicensed wireless equipment shall take necessary steps to avoid interference by relocating the equipment, reducing the power or by, using special type of antennae and the Central Government may with a view to ensure smooth functioning of the communication system direct the discontinuance of such Wireless use. Provided that, before such discontinuation, a reasonable opportunity to explain the circumstances shall be offered to such unlicensed user of wireless equipment.
5. Equipment.- (1) The wireless equipment shall be type approved and designed and constructed in such a manner that the bandwidth of emission and other parameters shall conform to the limits specified in the Table referred to in rule 3.
(2) The application for obtaining equipment type approval shall be made to the Central Government in such form as may be required by that Government in this behalf.[No. R-11014/31/2004-LR]
(M. K. Rao)
Asstt. Wireless Adviser