The Telecommunications Act 2023 came into effect on June 26. This new law replaces older regulations for the telecom sector to better address new technologies. Countries like the US, UK, and Singapore have also updated their laws to handle advances in the telecom industry.
The new telecom law lets the government control telecommunications services or networks during emergencies. According to the official notice, the government can do this to ensure security, maintain public order, or prevent crimes.
Creation of the New Telecommunications Act
The Department of Telecommunications (DoT) started working on the new telecom law in July 2022. In September 2022, a draft of the Bill was shared for public consultation. During this consultation, feedback came from 60 ministries, 35 associations, 89 companies (including seven telecom and internet service providers), and over 700 other organizations.
The Bill was then introduced in the Lok Sabha (the Lower House of Parliament) on December 18, 2023. It was passed by the Lok Sabha on December 20, 2023, and by the Rajya Sabha (the Upper House of Parliament) the next day. The President gave their approval on December 24, 2023. As a result, the draft Bill officially became the Telecommunications Act 2023.
Need for Updating the Telecommunications Law
The nature of telecommunications, its usage, and the technologies involved have greatly changed. The old definitions and terms needed updating. There were no clear rules for allocating spectrum, and the rules for right of way were weak. The old regulations were complicated and made it hard to do business. Additionally, the penalties for breaking the rules were not effective.
Structure and Implementation of the New Telecommunications Act
The new Telecommunications Act has 11 chapters and 62 sections. It replaces the Indian Telegraph Act of 1885 and the Indian Wireless Act of 1933. New rules and regulations must be created within six months from the notification date of each clause. As Section 56 of the Act specifies, rules are needed for 23 sections and 35 sub-sections. No rules are required for 39 sections.
Highlights of the New Telecommunications Act
- Simple Regulatory Framework: The Act replaces the old license system with a new authorization mechanism.
- Right of Way: It provides effective right of way, including using common ducts and access to public and private property.
- Spectrum Assignment: The Act clearly defines how spectrum will be assigned through auctions or administrative methods and focuses on efficient spectrum use.
- Dispute Resolution: A two-tier dispute resolution system is introduced to resolve issues before they reach the courts, aiming to reduce litigation in the sector.
- National Security and Public Safety: The Act includes provisions for the government to temporarily control telecom networks during public emergencies, such as natural disasters. It also provides a framework for blocking and intercepting communications for security purposes.
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