Answer By law4u team
Underwater or submarine cables are critical to global communications and internet connectivity, carrying over 95% of international data traffic. Laying these cables involves traversing international waters and sovereign maritime zones, making it essential to comply with a range of legal regimes that balance technical, environmental, and national security concerns. In India, this activity is governed by both international obligations and national legislation.
Legal Framework Governing Laying of Underwater Cables
International Legal Framework
United Nations Convention on the Law of the Sea (UNCLOS), 1982
Articles 87, 112–115 provide the right to lay submarine cables on the high seas and the obligation not to interfere with existing ones.
Coastal states have sovereign rights in their Exclusive Economic Zone (EEZ) and continental shelf to regulate cable installations.
International Cable Protection Committee (ICPC) Guidelines
Non-binding but widely followed technical and environmental standards to protect cables and minimize ecological disruption.
Domestic Legal Framework in India
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Defines India’s maritime zones and grants the central government regulatory powers in these areas.
The Indian Telegraph Act, 1885 & Indian Telegraph Rules, 1951
Empower the Department of Telecommunications (DoT) to issue licenses for laying telecom cables, including undersea cables.
A Unified License or Infrastructure Provider License (IP-I) may be required.
National Security Clearance
Mandatory for foreign companies or cable systems landing in India, especially in sensitive coastal or naval areas.
Environmental Impact Assessment (EIA) and CRZ Notification
If cable routes affect ecologically sensitive areas, EIA approval and Coastal Regulation Zone (CRZ) clearance from MoEFCC may be required.
The Telegraph Right of Way (RoW) Rules, 2016
Provide procedural norms for laying telecom infrastructure, including undersea-to-land cable transitions.
Customs and Import Regulations
Equipment and cable materials may need clearance from Customs Department and WPC (Wireless Planning & Coordination Wing) for communication equipment imports.
Regulatory Authorities Involved
Department of Telecommunications (DoT) – Licensing and permissions.
Ministry of Environment, Forest and Climate Change (MoEFCC) – Environmental clearances.
Ministry of Defence & Indian Navy – Security oversight for sensitive areas.
Ministry of External Affairs (MEA) – For international coordination in transboundary projects.
Telecom Regulatory Authority of India (TRAI) – Policy guidance on telecom infrastructure.
Challenges and Considerations
Navigating multiple permissions and jurisdictional overlaps.
Managing cable protection in fishing and shipping zones.
Ensuring national security without delaying projects.
Environmental impact on seabed ecosystems and coral zones.
Cybersecurity concerns from data carried via cables.
Example
Suppose a global telecom consortium plans to lay a submarine internet cable connecting Singapore to Mumbai with a landing station in Chennai.
Steps they must follow:
Obtain a Unified License or Infrastructure Provider (IP-I) license from the Department of Telecommunications.
Submit project details to DoT and MEA for review and security vetting.
Seek environmental clearance from MoEFCC if cable touches any CRZ or protected marine areas.
Obtain No Objection Certificates (NoCs) from the Ministry of Defence, Indian Navy, and Port Authorities.
Ensure customs clearance and WPC permissions for any imported cable-laying or telecom equipment.
Coordinate with local state authorities for right-of-way and coastal installations.
Notify the International Cable Protection Committee (ICPC) and relevant international marine authorities before laying begins.
