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DAILY NEWS ANALYSIS

  • 26 December, 2023

  • 7 Min Read

Telecommunication Bill 2023

Parliament passed the Telecommunications Act , 2023 to reform the country’s century-old telecom law.

About Telecommunication Act 2023

  • It replaced the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.
  • It lays down provisions that the central government will provide authorisation for telecom-related activities and assign spectrum.
  • It also mandates that the procedure and safeguards related to interception will be prescribed by the Central Government.
  • Provision of stringent punishment has been made for violators, which ranges from three years jail to a punishment of upto 50 lakh rupees.
  • There has been provision of an effective grievance redressal mechanism which is digital by design.
  • It lays down a statutory framework to expedite the process of obtaining the right of way.
    • This provision is poised to enhance faster connectivity and last-mile deployments, thereby improving high-speed fixed broadband access.

key provisions of the Bill?

About

Description

Aim

To update and unify the existing laws on telecommunication services, networks, and spectrum.

Replaces outdated laws

It repeals the

  • Indian Telegraph Act, 1885
  • Indian Wireless Telegraphy Act, 1933 and
  • Telegraph Wires (Unlawful Possession) Act, 1950.

Regulate activities

It amends the Telecom Regulatory Authority of India (TRAI) Act, 1997.

Authorisation for telecom related activities

Prior authorisation from the central government will be required to

  • Provide telecommunication services,
  • Establish, operate, maintain, or expand telecommunications networks, or
  • Possess radio equipment.

License authorisation

Existing licences will continue to be valid for the period of their grant, or for 5 years, where the period is not specified.

Power of interception

Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds such as

  • Security of the state
  • Prevention of incitement of offences
  • Public order

Power to search

An officer authorised by the government may search premises or vehicles for possession of unauthorised telecom network or equipment.

Power to specify standards

The central government may prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.

Right of way

  • Facility providers may seek a right of way over public or private property to establish telecom infrastructure.
  • Right of way must be provided on a non-discriminatory and non-exclusive basis to the extent possible.

Users protection

  • The central government may provide for measures to protect users which include
  • Prior consent to receive specified messages such as advertising messages,
  • Creation of Do Not Disturb registers, and
  • Mechanism to allow users to report malware or specified messages.
  • Entities providing telecom services must establish an online mechanism for registration and redressal of grievances.

Appointments of TRAI

  • The Bill amends TRAI Act to allow individuals with
  • At least 30 years of professional experience to serve as the chairperson
  • At least 25 years of professional experience to serve as members.

Digital Bharat Nidhi

  • Universal Service Obligation Fund under 1885 Act has been retained in the Bill.
  • It will provide telecom service in underserved areas, further the fund is allowed to use for research and development.

Offences and penalties

The Bill specifies various criminal and civil offences.

Adjudication process

  • The central government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offences under the Bill.
  • Orders of the adjudicating officer may be appealed before the Designated Appeals Committee within 30 days.
  • Appeals against the orders of the Committee, in connection to breach of terms and conditions, may be filed with Telecom Dispute Settlement and Appellate Tribunal (TDSAT) within 30 days.

https://prsindia.org/billtrack/the-telecommunication-bill-2023

Bill say about national security?

  • It gives the government the power to take over or control telecom services and networks in case of emergencies or for national security reasons.
  • Public order- The government he government can also intercept, detain, or disclose messages sent or received by any telecom service or network, if it deems it necessary for the country's interests or public order.

  • Press messages- If it is from accredited correspondents, it shall not be intercepted or detained, unless they are prohibited by the rules.
  • Public interest-The government can also direct any telecom service or network to transmit specific messages in the public interest.
  • Assignment of spectrum- It will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis.

Significance

  • It focuses on user protection, reforms on right of way and optimal utilisation of spectrum.
  • It ensures highest priority to user protection and it would curb the cases of impersonation and issuance of SIMs by fraudulent means.
  • It is providing flexibility for allocation of spectrum, mechanisms for improving right of way and building common ducts and cable corridors, expanding the application of USOF (now Digital Bharat Nidhi) and improving fund utilisation.
  • It is aimed to modernize India’s regulatory framework in the digital age, which would empower the Centre to establish rules for the protection of telecommunication networks.
  • It will ensure a transparent auction of spectrum which is very important for the telecom sector.
  • It holds the potential to streamline regulations, facilitate infrastructure development, and usher in an era of technological advancement

Issues and Concerns

  • The broad interception powers granted to the state without adequate judicial safeguards raise red flags.
  • The ability to decrypt encrypted messages, the lack of clear guidelines on data retention, and the potential for misuse of biometric identification pose threats to civil liberties.
  • It gives the government unfettered power that can infringe on citizen privacy with little or no accountability for governing officers.
  • The Act’s section on Powers of Authorisation and Assignment rightly provides for technology neutrality of spectrum use, but does not reflect the same in the delivery of communication services.
  • It does not specify procedural safeguards with respect to powers to search premises and vehicles.
  • In a world the functional distinction between telcos and over-the-top services is blurring.Functional separation has been used as a regulatory remedy by many countries to address market concentration. Some common examples include Sweden, UK, Australia, Ireland and Poland.

The remedies when disproportionate can lead to counterproductive outcomes including lower investments and lower innovation.

Source:


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