REQUIRED NO LICENSE TO USE BELOW 27 MHz Walkie Talkie in India
By RAJIV HAZARIKAon
SEE BELOW COPY OF G.S.R. 533(E) FROM WPC EXEMPTING RADIO FROM LICENSING REQUIREMENT Government of IndiaMinistry of Communications and Information Technology(Wireless Planning and Coordination Wing)NOTIFICATIONNew Delhi, the 12th August, 2005 G.S.R. 533 (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 WirelessTelegraphyAct, 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 Use of low power equipment in the Citizen band 26.957 – 27.283 MHz (Exemption from LicensingRequirement) Rules, 2005.(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 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 Actand theIndian Wireless Telegraphy Act, 1933 (17 of 1933), shall have the same meaningsrespectively as are assigned to them in those Acts.3. Use of wireless equipment in the band 26.957 – 27.283 MHz.- Notwithstanding anything contained in any law for the time being in force, no licence shall be required byanyperson to establish, maintain, work, possess or deal in any wireless equipment intendedto beused while in motion or during halts, on non-interference, non-protection and shared(nonexclusive)basis, in the frequenc y band 26.957 – 27.283 MHz with 5 Watt EffectiveRadiated Power and built-in antenna4. Interference.- (1) Interference is the effect of unwanted energy due to one or a combination of emissions, radiations or induction upon reception in a radiocommunicationsystem, manifested by any performance degradation, misinterpretation, or loss ofinformation which could be extracted in the absence of such unwanted energy. (2) In casewhere any person to whom a licence has been issued under section 4 of the Act,informs thathis licensed system is getting interference from any other radio communication systemexempted under these rules, the user of such unlicensed Wireless equipment shalldiscontinue its use forthwith.[No.R-11014/04/2005-LR ]ASHOK KUMAR, Jt. Wireless Advisor
Licence Required to use these. These are not TOYS
By Ritesh Singhon
Flipkart, please mention whether any licence is required from "Department of Telecommunications of India" to use these walkie talkies in India as there are strict legal restrictions on the use of long range Walkie Talkies in India. Surprisingly, there is no mention of any Licence in the specification of this product, Flipkart please have a look at this aspect.
I enquired Flipkart regarding licence, they sent me an email stating "No Licence is needed" but they couldn't back it up with any concrete Govt. guideline or Legal document to clear my doubts.
So I talked to a leading Indian company dealing in various Security products that also include walkie talkies. They clearly mentioned following points:
1) It is ILLEGAL to use long range walkie talkies in India without proper Licence from the DoT.
2) Even if you acquire a licence, u cannot use that Walkie Talkie in any other part of India (separate licence is required for that)
3) Some e-Shops sell these products saying that these walkie talkies are imported in India as Toys and they have battery output of less than 1 watt, hence they do not require any Govt. licence. But this arguement is completely false and the retailers should back up this claim with proper legal and Govt. documents or guidelines.
4) These Motorola walkie Talkies have frequency range of 462-468 MHz that are NOT for CIVILIAN use. Some of these range is used by Indian Army and some of it is used by Intelligence Bureau (IB) thus making it STRICTLY ILLEGAL for Civilian Use because they can intercept sound from other Walkie Talkies.
5) These walkie talkies have "practical communication range" of approx 200-400 meters depending on terrain. In city where there are lots of buildings and trees, the range decreases even further.
6) If anybody is found using such product without any valid licence then they can be in serious legal trouble and will be arrested and imprisoned.
Its my request to FlipKart to kindly see that such products with such serious security implications are not sold so easily on your website without proper information mentioned in the product specification. And there should be clear mention of licencing and security issues so that the person buying these products from your site does not unknowingly fall into some serious legal trouble.