Introduction:
The Telecommunications Bill, 2023, recently introduced in the Lok Sabha on December 18, aims to revolutionize the regulatory framework governing the telecommunication sector in India. By repealing outdated legislation and introducing new provisions, the bill seeks to address various facets of the rapidly evolving telecom landscape. In this article, we delve into the key provisions and implications of this comprehensive legislative initiative.
Regulation of Telecom Activities:
The bill proposes a significant overhaul by repealing the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. Additionally, it introduces amendments to the Telecom Regulatory Authority of India (TRAI) Act, 1997, reflecting a commitment to align regulatory frameworks with contemporary challenges.
Authorization Requirements:
One of the central features of the bill is the requirement for prior authorization from the central government for various telecom-related activities. This includes providing telecommunication services, establishing, operating, maintaining, or expanding telecommunications networks, and possessing radio equipment. Existing licenses will remain valid for the period of their grant or for five years if the period is unspecified.
Spectrum Assignment:
The bill introduces a spectrum assignment process through auction, except for specific use cases where administrative allocation is deemed appropriate. These include national security, disaster management, weather forecasting, transport, satellite services, and public broadcasting. The government is empowered to repurpose or reassign frequency ranges, while also allowing for spectrum sharing, trading, leasing, and surrender.
Interception and Search Powers:
The bill grants the government powers of interception, monitoring, or blocking of messages on grounds such as public safety, public emergency, and security of the state. Telecom services may be suspended under similar circumstances, and the government can take temporary possession of telecom infrastructure in cases of public emergency or safety. Authorized officers may conduct searches for unauthorized telecom networks or equipment.
Standards and Right of Way:
The central government is given the authority to specify standards for telecom equipment, infrastructure, networks, and services. Additionally, facility providers may seek a right of way over public or private property for establishing telecom infrastructure, with an emphasis on non-discriminatory and non-exclusive access.
User Protection Measures:
The bill empowers the central government to implement measures for user protection, including obtaining prior consent for specified messages, creating Do Not Disturb registers, and establishing mechanisms for reporting malware or specified messages. Telecom service providers are required to establish online mechanisms for user registration and grievance redressal.
Appointments to TRAI and Digital Bharat Nidhi:
Amendments to the TRAI Act now permit individuals with significant professional experience to serve as the chairperson and members. Furthermore, the Universal Service Obligation Fund, renamed as Digital Bharat Nidhi, retains its focus on providing telecom services in underserved areas and expands its scope to include research and development.
Offences and Penalties:
The bill delineates various criminal and civil offences, including unauthorized provision of telecom services and unauthorized access to networks or data. Penalties include imprisonment, fines, and civil penalties, emphasizing the importance of compliance with terms and conditions of authorization.
Adjudication Process:
To ensure a fair adjudication process, the central government will appoint adjudicating officers of a certain rank to inquire and pass orders against civil offences. Appeals against these orders can be made to the Designated Appeals Committee, and further appeals related to breaches of terms and conditions can be filed with TDSAT within specified timeframes.
Conclusion:
The Telecommunications Bill, 2023, presents a comprehensive regulatory framework aimed at addressing the evolving needs of the telecom industry in India. While introducing much-needed reforms, it is imperative to monitor the implementation and impact of these provisions to ensure a balance between regulation and fostering innovation in this critical sector.
~ Shrvan Kumar Lahoti, Advocate
