Long article on different aspects of the telecom sector. It is not
clear on FOSS related aspects.
Can somebody clarify on the 'foreign' s/w used, FOSS solutions?
FOSSCOM should do something...



______________Forwarded message ____________
From: pasokababu <[email protected]>
Date: Sat, Jun 25, 2011 at 9:04 PM



BUSINESS INTEREST VERSUS SELF RELIANCE AND NATIONAL SECURITY

The ongoing Conflict In Telecom Sector

P.Asokababu

Tremendous  Growth

The  growth of  telecom services sector in India is tremendous.  In
1997 India had   1.75  crores telephone lines (1.7 crore wire line
and 5 lakhs  wireless lines).  It reached to 85  crores  (82crores
wireless and 3 crore wireline) on 31-3-2011. The internet services
were launched in 1995 and as on 31-3-2011 there were 1.2 crore
broadband connections. Today India is in second place after China in
the world  in the number of telecom subscribers (On 31-3-2011 China
was having 119 crore telephone subscribers-wireless-90 crore and
wireline-29 crore. By July 2010 it had 36 crore broadband
connections).

Dependent and Destructive Growth

While the growth in China is based on self reliance, the growth in
India is a dependent growth with destruction of the existing
capacities and potentialities.

Domination of Foreign investment in telecom service sector

The private telecom operators Airtel, Reliance, Vodafone, Idea, and
Aircel together are having 72% of the telecom subscribers with them.
Each of these Companies is having 74%  Foreign Direct Investment (FDI)
.  Thus the foreign investment is dominating the Indian telecom
services. BSNL and MTNL together account for 12% of the telecom
subscribers. The remaining 88% are with private telecom operators
dominated by foreign investment.

Foreign controlled maintenance  and operations of telecom services

It is not only the foreign investment that is dominating the Indian
telecom services sector. Even the maintenance and operations of
telecom net work is mostly done by foreign companies.  Bharti Airtel,
the largest mobile service provider in India outsourced everything
except marketing and branding. Its networks are maintained  and
operated by foreign companies Ericsson, Nokia Siemens, and Huwaei. Its
IT and applications  is by IBM. Other private telecom operators also
are having their networks maintained and operated by foreign
companies.

Telecom Equipment Production-Indian Products(IP) and Indian Manufacture(IM)

In order to understand the domination of foreign telecom equipment in
Indian telecom sector, it is necessary to understand one important
point regarding telecom equipment manufacture. 85% of the value is
created in telecom equipment manufacturing by the company which does
the R&D(Research and Development), designs the products and owns the
IPR(Intellectual Property Right) and brand. The physical manufacturing
and assembling of telecom equipment which is called as "Electronic
Manufacturing Service(EMS)"  contributes to 15% of the value. We can
call it the "Indian Product"( in short "IP" ), where the R&D,
designing the product, IPR creation and then EMS are  done in India by
Indian Companies. In this case of "Indian Product"(IP) the value
addition is more. But in case only the physical manufacturing and
assembling is done in India whereas the IPR resides with a foreign
company, it has to be called as "Indian Manufactured Product"(IM). In
this case the value addition is very less.

Total domination of foreign equipment

The telecom equipment for this enormous expansion is almost imported
and the value added in India is negligible. The cost of telecom
equipment installed in the year 2008-09 was Rs 93600 crores (page 36
of TRAI's Consultation Paper on "Encouraging Telecom Equipment
Manufacture in India" published on 28-12-2010). In this, Rs 44800
crores  was for importing completely knocked down(CKD) equipment, and
Rs 48800 crores was manufactured in India.  But in this, "Indian
Products"(IP) is negligible and "whatever manufacturing happened in
India, consisted of only low value- adding  assembly/soldering
activities as the PWC report(TRAI Consultancy paper dated 28-12-2010).
As per the report of the Consultancy PWC ( Price Water Coopers), the
value addition in Indian manufacture is only 11%. Therefore out of
this Rs 48800 crore equipment manufactured in India, only Rs 5368
crores was the value added in India for assembling these parts or for
some indigenous production. Thus in one year, out of a total Rs 93600
crores  expended  for equipment, only Rs 5368 crores accrued  to
Indian manufacturers  and the remaining Rs 88232 crores accrued to
foreign manufacturers. During the years 2004-05 to 2008-09, equipment
costing Rs 309369 crores was utilised for telecom expansion in India
and only 11% of this i.e 34031 crores was the value created in India
and a huge amount of Rs 2,75,338 crores accrued to foreign
manufacturers.  In this Rs 1,24,280 crores was for importing
completely knocked down(CKD) equipment, and Rs 150518 crores was for
importing semi knocked down (SKD) equipment.

Resources-incoming very less, but outgoing too much

The total FDI inflows in Indian telecom sector during the period April
2000 to January 2011 was Rs 46746 crores ( TRAI recommendations dated
12-4-2011, page 42). But as detailed above,  between 2004-05 to
2008-09 India paid Rs 2,75,338 crores to foreign telecom equipment
manufacturers. If we add the dividends and other amounts paid to the
foreign investors holding majority stake in the telecom service
companies, the amount drained away from India will be much more.

Destruction of existing capacities and job loss growth

This dependent growth resulted in  total negligence of indigenous
research and development (R&D) in telecom technology and as a result
no worthwhile IPRs (Intellectual Property Rights) are developed and
owned by India. The premier telecom R&D institute C-DoT became almost
defunct. Its premier equipment manufacturing companies in Public
Sector like ITI, HCL etc became loss making enterprises. The telecom
services PSUs BSNL and MTNL on which the Government and nation has to
depend in emergencies and for providing services even in loss making
rural and backward areas in the interest of equitable development of
all areas in the country, have become loss making enterprises. The
number of employees in BSNL came down from 3,97,000 on 1-10-2000(its
date of creation) to 2,87,749 as on 31-12-2010. In MTNL it came down
from 62000 in 1998-99 to 45000 now. In ITI it came down from 23567 in
1999-2000 to 12745 at present. The landline network, which is a
national asset, very much useful  is being allowed to die slowly.

 Threat to national Security

This heavy dependence of Indian telecom sector on foreign companies
both for equipment as well as for maintenance and operations of the
services has become a cause of concern with respect to national
security and the Home Ministry repeatedly raised several issues in
this regard, including the possibility of embedded spyware and malware
in the imported equipment. The Government of India issued guidelines
in 2010 stipulating that the foreign equipment suppliers   should
transfer their technology to Indian manufacturers within three years,
they should appoint only Indians while installing, maintaining and
operating the networks for the telecom services companies  and they
should deposit their software source codes in an escrow  account with
an independent and trusted third party. But these prescriptions were
strongly opposed by the US Government and the American and European
telecom equipment manufacturers (The Chinese equipment providers did
not oppose these provisions and agreed to deposit their source code in
the escrow account).  Calling India's new telecom security approval
process "inflexible and unworkable", the United States Trade
Representative (USTR)  disclosed in its annual compliance report that
the Indian government "suspended implementation of several of these
conditions" after the US conveyed the concerns of its companies. "The
issue came to a head during US President Barrack Obama's visit. It was
said then that a committee of experts would look into these concerns".
Finally the DoT was compelled to issue revised guidelines on
31-5-2011. As per these revised guidelines, the foreign suppliers need
not transfer their technology, need not deposit their source code in
escrow account, and need not  man the top level posts in the telecom
network maintenance with Indians except a few posts like  Chief
Technology Officer etc. The telecom service companies have to get
their net work audited from the security point of view by a certified
agency, call data  of customers must be made available along with the
tracking of their location  etc are the revised guidelines.



Encouraging indigenous production?



A section of the Indian Capitalists recently realised the enormous
potential for the telecom equipment market in India. In October 2008
CII and TiE (Confederation of Indian Industries and The Indus
Enterpreneurs consisting of Corporates and top level professionals in
Silicon Valley in America with roots in the Indus Region) published a
report titled  "Investment Opportunities in Developing HI Tech ICTE
Supply Chain in India". Further, a seminar on "Developing India into a
Global ICTE manufacturing Hub" was organised by CII in October 2009 in
which Minister Kapil Sibal participated. This and other similar
pressures spurred the Government to consider the issue of encouraging
indigenous manufacture in telecom and IT sector. According to the
estimates of DoT, telecom equipment worth more than Rs 3,50,000 crore
will be required in India by 2015. As per the TRAI, the demand of semi
conductors in India will shoot up from 1 billion dollars in 2004 to 40
billion dollars by 2015 and " if domestic manufacture is not
initiated, India will be compelled to import US $ 150 billion worth of
semiconductors in next 10 years." In case the ICTE products are
continued to be imported , the  " imports would gallop to well surpass
India's oil imports". The TRAI initiated consultations on the issue of
encouraging indigenous telecom equipment manufacturing and various
proposals were submitted by various sections of the Indian and Foreign
capitalists in telecom sector suiting their interests.Based on these
consultations, the TRAI released its recommendations. On these
recommendations of the TRAI, a round table conference was held by the
Communications Minister Kapil Sibal on 5-5-2011 in which the various
sections of the capitalists in telecom sector and representatives of
ITI, BSNL etc have participated.



TRAI recommendations





After considering the views submitted by various players (both foreign
and Indian in Indian telecom sector) and individuals, the TRAI
submitted its recommendations on 12-4-2011. The following are its
important recommendations:

a)      The Telecom Equipment Manufacturing Policy should be an
integral and significant part of the New Telecom Policy 2011.

b)      By the year 2019-20, only 20% of the telecom equipment
required for telecom services in India should be imported and the
remaining 80% should be manufactured in India and in this 80% Indian
manufacture, 50% should be IP(Indian product with Indian Intellectual
property Right and manufacture) and remaining 30% IM(Indian
manufacture with foreign Intellectual Property Right).

c)       BSNL, MTNL and all private telecom service companies like
Airtel, Vodafone, Idea, TTSL etc should procure the equipment required
by them as below, from IP(Indian Product Manufacturers) and IM(Indian
Manufacturers) mandatorily as per the percentage given below:

In 2012-13—30%(with 25% value addition in India); In 2013-14—45%(with
35% value addition in India), In 2016-17—60%(with 50% value addition
in India); and from 2019-20 onwards—80%(with 65% value addition in
India)

d)      Even if the service providers (PSUs and Private Sector)
outsource the installation, maintenance and operations of their
network, in such case also they are responsible for maintaining the
above mandate in procuring equipment from IP and IM.

e)      A Telecom Research and Development Corporation should be set
up by the government and an amount of Rs 15000 crore be made available
to it for setting up an R&D fund and for establishing an R&D Park.
Public-Private participation be encouraged in telecom R&D.



Conflict of interests



In the consultations held by the TRAI/Minister, the private telecom
services companies like Airtel etc  and the COAI(Cellular Operators
Association Of India) argued that no condition should be imposed for
purchasing equipment from Indian manufacturers and it should be left
to their choice. If foreign equipment is costing less with high
quality, they should be allowed to purchase their full requirement
from foreign vendors. The TEMA (Telecom equipment manufacturers
Association of India) demanded for imposing condition for procuring
equipment from domestic manufacturers. The TIA-USIBC(Telecom Industry
Association consisting mainly of USA's telecom equipment manufacturers
and US-India Business Council submitted a paper to TRAI demanding that
there should be no condition for preferring Indian Products since it
is against WTO agreements. Both the Indian and foreign telecom
companies demanded for encouraging R&D in telecom in India by
encouraging Public-Private partnership. The Indian and foreign big
capitalists in telecom services sector and the foreign telecom
equipment manufacturers are against preferential treatment to Indian
telecom equipment products. On the other hand, a section of the Indian
big capitalists lead by CII and also not so big capitalists lead by
TEMA want preferential treatment for Indian products since they found
that there is a great opportunity for exploiting the telecom
manufacture in India. All of them are even for encouraging research
and development in telecom sector in India, of course, with
participation or domination of foreign and Indian private capital. As
per the report in DoT web site on the round table conference held by
the Minister Kapil Sibal, it appears that the Government is supporting
the preferential treatment for Indian products to encourage Indian
manufacture i.e to see that the telecom equipment market provides more
opportunities for Indian capitalists in collaboration with foreign
capitalists. It further appears that the Government is in favour of
encouraging   private sector(Indian and foreign) in the telecom R&D.



Whether this leads to real self reliance?



The ITI (Indian Telephone Industry) in its pre-consultation paper
submitted to TRAI on 29-6-2010 mentioned as below:

"The Technology for Telecom Equipment has been invariably of Foreign
origin right from the days of Electro-mechanical Exchanges in the
segment of Switching, Transmission and Telephone Instruments. However,
these Equipments were being manufactured in India through Foreign
Collaboration Agreements with leading Technology Providers, keeping in
line with the Industrial Policies of the Government at relevant times.
The Foreign Collaboration used to invariably cover, Transfer of
Technology through know-how transfer. The introduction of Store
Programme Controlled [SPC] based Digital Electronic Switching Systems
in the Indian Telecom Network from early 80s, incorporated Software in
the Electronic Switches. Accordingly, along with Transfer of
Technology for Manufacture, Transfer of Technology also included
Transfer of Software Programs (including Software Source Code) also.
Accordingly, the Indigenous Industry was capable of assimilating the
technology transfer and continued to give after sales service,without
dependence on the Foreign Collaborator, even after the period of the
Collaboration having been completed. This methodology was adopted for
Transfer of Technology for E10 B Digital Electronic Switching Systems
with Alcatel-CIT, France. This facilitated modernization of Indian
Telecom Network

However, the Liberalized Industrial scenario enabled the Foreign
Technology Providers to offer to Indian Telecom Industry, only the
Right to Use the Know-how and Software programs for manufacture of
Telecom Equipment, retaining the Proprietary Rights on Know-how and
Software Programs (including Source Code) with Foreign Technology
Provider only. This scenario resulted in perennial dependence on
Foreign Technology Provider for Procurement of Software Programmes for
Operation and Up-gradation of Telecom Equipment and offering after
sales service. Since, the Telecom Equipment became predominantly
Software dependant; the scope for enhancement of Value addition in
India also has been greatly reduced. Majority of the Software being
procured are Right-To-Use only, with an enormous outgo of Foreign
Exchange for Procurement of both Hardware and Software from the
Technology Providers, which are invariably of Foreign Origin. Setting
up of the GSM Mobile Infrastructure in Indian Telecom Network had
significant FE outflow towards Right-to-Use Software for Manufacture
of GSM Systems [GSM-BTS by ITI with Right-to-Use Know-how from ALU] as
well as Operating the GSM Infrastructure Network in BSNL and MTNL.

Action Plan: ITI opines that Government should introduce guidelines that

• Transfer of Know-how for Telecom Technology to Indian Companies
should be mandatory.

• Transfer of Know-how should include Transfer of Software Programs
including Software Source Code also.

This will greatly improve the manufacturing capabilities in India with
reduced dependence on Foreign Technology Provider in the long run for
offering after sales service also."



But except ITI and BSNL, no other telecom manufacturer or services
operator are demanding this transfer of technology. Even the stand of
ITI is diluted in the meeting held by the Minister on 5-5-2011. The
only talk is to encourage R&D in certain areas of telecom technology
where India can start afresh and that too with foreign participation.
The aim is that the Indian big capitalists in collaboration with
foreign capitalists should grab the telecom equipment market and R&D
by encouraging domestic manufacture, but not real self reliance in
technology.



What Self Reliance and National Security requires



*The R&D in telecom technology should be encouraged by funding the
Public Sector institutes like C-DoT, TEC, ITI, BSNL, MTNL etc



*Transfer of technology should be made mandatory for the foreign
equipment manufacturer on the basis of technical collaboration without
equity participation with an Indian PSU manu-facturing  telecom
equipment like ITI

* Telecom equipment manufacturing PSUs like ITI, HCL and Telecom
Factories under BSNL should be strengthened by the Government and made
the main centres for creating Indian Products in telecom equipment
sector and it should be made mandatory for all the telecom service
operators to procure Indian Products only.

* The diluted guidelines issued by DoT in May 2011 on the issue of
ensuring national security in telecom sector should be cancelled and
the earlier guidelines issued in 2010 with the conditions of
technology transfer, no foreign person in higher posts in
installing/maintaining/operating telecom networks and putting the
source code in escrow account should be implemented. For this the
Government should come out of the pressure from America and Obama.

________________________________________________________________________________

Best

A. Mani



--
A. Mani
ASL, CLC,  AMS, CMS
http://www.logicamani.co.cc
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