Telecom Bill 2023

What’s in today’s article?

• Why in news?
• The Telecommunications Bill, 2023
• Reasons behind the introduction of the Telecommunications Bill, 2023
• Key highlights of the Telecommunications Bill, 2023

Why in news?

• The Telecommunications Bill, 2023 was introduced in the Lok Sabha by Union minister for Communications, Electronics & Information Technology.
• Among its many significant provisions is one on national security, which allows the government to temporarily take control of telecom services in case of an emergency.

Reasons behind the introduction of the Telecommunications Bill, 2023

• Telecommunication sector is a key driver of economic and social development. It is the gateway to digital services.
• Security of our country is vitally dependent on safety of telecommunication networks.
• Therefore, there is a need to create a legal and regulatory framework that focuses on safe and secure telecommunication network that provides for digitally inclusive growth.
• The nature of telecommunication, its usage and underlying technologies have undergone massive changes, especially in the past decade. Therefore, there is a need for enacting a legislation that serves the needs of our society.

Key highlights of the Telecommunications Bill, 2023

• Repeals the existing laws
  • The bill repeals the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.
  • It also 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.
  • Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified.
• Assignment of spectrum
  • Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis.
  • These include purposes such as:
    • national security and defence,
    • disaster management,
    • weather forecasting,
    • transport,
    • satellite services such as DTH and satellite telephony, and
    • BSNL, MTNL, and public broadcasting services.
  • The central government may re-purpose or re-assign any frequency range.
• Powers of interception and search:
  • Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds.
  • Such actions must be necessary or expedient in the interest of public safety or public emergency.
    • It must be under specified grounds which include: security of the state; prevention of incitement of offences, or public order.
• Extraordinary powers of the government
  • The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety. Telecom services may be suspended on similar grounds. 
  • An officer authorised by the government may search premises or vehicles for possession of unauthorised telecom network or equipment.
• Powers 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.
• Protection of users
  • 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
    • a mechanism to allow users to report malware or specified messages.
• Appointments to TRAI
  • The Bill amends the TRAI Act to also allow individuals with:
    • at least 30 years of professional experience to serve as the chairperson, and
    • at least 25 years of professional experience to serve as members.
• Digital Bharat Nidhi
  • The Universal Service Obligation Fund (USOF) has been established under the 1885 Act to provide for telecom services in underserved areas.
  • The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development(R&D).
• Adjudication process
  • The central government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offences under the Bill.
  • The officer must be of the rank of joint secretary and above.
  • Orders of the adjudicating officer may be appealed before the Designated Appeals Committee within 30 days.
  • Members of this Committee will be officers of the rank of at least Additional Secretary.
  • Appeals against the orders of the Committee, in connection to breach of terms and conditions, may be filed with TDSAT (Telecom Disputes Settlement and Appellate Tribunal) within 30 days.
• Offences and penalties:
  • The Bill specifies various criminal and civil offences.
  • Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
  • Breaching terms and conditions of authorisation is punishable with a civil penalty up to five crore rupees.
  • Possessing unauthorised equipment, or using unauthorised network or service, is punishable with a penalty of up to ten lakh rupees.

Q1) What is Telecom Disputes Settlement and Appellate Tribunal (TDSAT)?

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) was established in 2000 to resolve disputes and appeals in the Indian telecommunications sector. The TDSAT's goal is to protect the interests of consumers and service providers, and to ensure the sector's orderly growth.

Q2) What is Telecom Regulatory Authority of India (TRAI)?

The Telecom Regulatory Authority of India (TRAI) is a government regulatory body that regulates the telecommunications sector in India. TRAI's mission is to create conditions for the growth of telecommunications in India.

Source: Telecom Bill 2023: What powers it gives the government for ‘national security’ | PRS | Hindustan Times