Compliance Requirements for Enabling 5925-6425 MHz Band under Revised Regulatory Framework

The Ministry of Communications, Department of Telecommunications, under the Government of India, has introduced an update allowing 5925-6425 MHz. The Frequency band has been exempted from licensing requirements. Users can now use this Frequency band without obtaining a wireless operating license because their equipment operates within the defined technical standards and usage limits. This update affects all entities involved in wireless and telecom equipment activities, including manufacturers, importers and businesses operating in India. This update has significant implications for companies holding Equipment Type Approval (ETA) certificates issued by the Wireless Planning and Coordination Wing (WPC). All businesses must update their equipment to match the latest regulations and certification standards before they can start using the frequency band that has been newly exempted.

Why the Government Issued a New Public Notice

Before this regulatory change, unlicensed use of the 5925 - 6425 MHz frequency band was prohibited. Because of this, many manufacturers disabled this frequency band on their devices at the software or firmware level when applying for ETA certification. Therefore, several existing ETA certificates only cover operation within the following frequency ranges:

• 2.4 GHz Band (2.4 - 2.4835 GHz)
• 5 GHz Band

With the new exemption now in place, there are now some devices with an ETA certificate that may technically be able to operate at the 5925 - 6425 MHz band; however, they do not yet possess an ETA certificate for operating at this frequency.

Mandatory Compliance Requirements for Manufacturers & Importers

If a manufacturer or importer has equipment that has been awarded an ETA certificate for operation outside of the extended frequency band, according to the WPC’s rules, then they must go through a series of steps to have their ETA certificate re-classified as being valid for operation within the newly exempted frequency band.

1. Application for Technical Cancellation of Existing ETA Certificate

The first step in this process is to submit an application to the WPC for cancellation of the current ETA certificate for the equipment model identified on the application, since they did not receive a request for authorisation under the original certificate for operation within the newly authorised frequency band.

2. Submit a New Application for an ETA Certificate 
When your existing ETA certificate has been cancelled, you must submit a new ETA certificate application that includes all of the frequency bands that your device operates on.
The bands that are to be included on the new ETA application include:

• 2.4 to 2.4835 GHz
• 5 GHz
• 5925 to 6425 MHz

When you submit your new ETA application, you are required to follow all the guidelines that are stipulated in the relevant GSR notifications and pay for the mandated certification fee.

3. Inform the WPC of the New and Old ETA Numbers

After receiving the new ETA certificate, you must notify the WPC by emailing the following information:

• The old ETA number
• The new ETA number
• The manufacturer's name and model of the device
• The above information should be emailed to the designated WPC email address for record-keeping and compliance monitoring purposes.

WPC Certification in India for Wireless Devices

Important Fee Policy for ETA Cancellation

• One important aspect of this update is the non-refundable nature of previously paid ETA fees.
• The government has clearly stated that:
• Fees paid for the original ETA certification will not be refunded if the applicant cancels the certificate to apply for a fresh ETA.
• This means businesses must bear the cost of the new certification separately.

Timeline for Recent Compliance Update

Stakeholders who may be impacted must perform all necessary activities associated with the issuance of an office memorandum, and all actions must be completed within 30 days after the date of issuance. The timeline has been established so that corporations have an opportunity for a smooth transition into compliance with the new regulatory framework, ensuring ongoing compliance thereafter. Failure to do so will result in compliance issues.

Validity of Existing ETA During the Transition Period

To facilitate the process of regulation changes, the authorities have granted permission for existing ETA certificates to continue to be valid for a limited time based on certain conditions. The conditions are that the validity of the ETA certificate only remains in effect for those frequency bands originally licensed under that same ETA. The validity of the original ETA certificate will continue until the sooner of two things occurs: 

• Issuance of a new ETA certificate
• Completion of 30 days after the date that the new Certificate has been issued
• Once either of these two events occurs, the previous certification will no longer be applicable

Strict Restriction on Enabling the 5925–6425 MHz Band

The public notice specifies that there is an obligation on the part of companies not to allow the enabling/activation of the 5925-6425 MHz band in their devices until a valid ETA has been obtained. This means the band cannot be:

• Enabled in device software
• Activated for wireless communication
• Advertised in product specifications
• Marketed as a feature
• Distributed or supplied in an enabled form
• Until the updated ETA approval is obtained.

Penalties for Non-Compliance with WPC Regulations

Regulatory consequences associated with non-compliance with these requirements may be severe; for example, if a business operates or uses the 5925–6425 MHz frequency band without obtaining updated ETA approval, that business will be subject to penalties for operating without valid authorisation. The types of enforcement actions that an authority could pursue include:

• Suspension of existing approvals,
• Cancellation of certification,
• Imposition of regulatory/civil monetary penalties,
• Commencing legal action against a party under applicable telecommunications laws.

Conclusion

The Indian government's announcement that the 5925-6425 MHz band is now free from licensing provisions has provided the opportunity for new advanced wireless technologies to be implemented in India. Alongside this regulatory change, manufacturers and importers of wireless equipment have to meet new compliance obligations. Manufacturers with existing ETA certificates will need to evaluate their devices to ensure that the capabilities match what was approved under the previous standard, and then follow the specified processes to receive updated approvals on their devices from the WPC. To ensure compliance with regulations, companies will need to cancel their old ETA certificates and then apply for new certificates for the new frequency band. Thus, they will be able to legally continue doing business in India.