December 23

• Telecommunications Bill, 2023


  Bill to amend and consolidate the laws relating to the development, expansion and operation of telecommunication services and telecommunication networks
• Rajya Sabha passed the Telecom Bill, 2023

  December 21, 2023
• Communications, Electronics and Information Technology Minister Ashwini Vaishnaw


  Introduced the Telecommunications Bill, 2023, in Parliament on December 18
• The Telecom Bill 2023 is a successor to the previously released Telecom Bill 2022
• The Bill was passed through a voice vote by the Lok Sabha


  December 20, 2023
• The Bill


  Seeks to replace the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950)
• The Bill has also proposed to curb the power of the Telecom Regulatory Authority of India (TRAI) on which industry players have raised concern
• Indian Telegraph Act, 1885


  Provided for licensing of telegraph-related activities and interception of communication
• Indian Wireless Telegraphy Act, 1933


  Regulated the possession of wireless telegraph apparatus
• Telegraph Wires (Unlawful Possession) Act, 1950


  Regulated the possession of telegraph wires
• The Telegraph Wires (Unlawful Possession) Act, 1950 was recently repealed by the Repealing and Amending Act, 2023, which received assent on December 17, 2023
• Telegraph services

  Involved sending messages in the form of symbolic codes over wires or radio waves known as telegram
• Telegraph services were shut down in India in 2013
• Communication technology has since evolved significantly to facilitate real-time transmission of text, voice, images, and video information
• Cable television network has been used to provide internet services, and internet can be used to provide access to public broadcasting
• These massive changes in the nature of telecom, its usage, and technologies make the current law outdated and archaic given rise to the need for a new legislation
• A similar bill named Communication Convergence Bill was introduced in Lok Sabha in 2001 which aimed to replace the three telegraph laws, the TRAI Act, and the Cable Television Networks (Regulation) Act, 1995, but it lapsed with the dissolution of 13th Lok Sabha
• Licensing


  The Bill seeks to simplify the current licensing regime for telecom networks by moving towards an authorisation system
• Currently, the telecom department issues more than 100 types of licences, registrations, and permissions, and the Bill seeks to club many of those in a single authorisation process
• Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified
• Authorisation


  Prior authorisation from the central government will be required to: provide telecommunication services, establish, operate, maintain, or expand telecommunications networks, and possess radio equipment
• Spectrum assignment


  Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis
• Specified purposes for administrative allocation of spectrum include: 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 introduction of administrative allocation of spectrum has become a point of contention between the government and a divided industry
• The Supreme Court in the 2012 ruling in the 2G scam case, held that the allocation of 2G spectrum by the Congress-led UPA government was illegal and an arbitrary exercise of power
• Since the judgement, government allocation of spectrum for most commercial purposes had become a no-go area given the discretionary nature of such decisions
• The Bill also allows the government to take back spectrum that is unutilised for insufficient reasons, and it opens the door for sharing, trading, and leasing of spectrum
• Entities will be able to surrender unused spectrum, but will not receive payment from the government for it
• Powers


  Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds, including: security of the state, prevention of incitement of offences, or public order
• Powers

  Telecom services may be suspended on similar grounds
• Powers


  The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety
• Powers

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


  Entities laying telecommunication infrastructure may seek right of way over public or private property, which must be provided on a non-discriminatory and non-exclusive basis to the extent possible
• Appointment to the Telecom Regulatory Authority of India (TRAI)

  The Bill amends the TRAI Act to allow private sector executives 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 has been renamed as Digital Bharat Nidhi, and its use is also allowed for research and development in telecom
• Offences and penalties


  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
• Offences and penalties


  Breaching terms and conditions of authorisation is punishable with a civil penalty of up to five crore rupees
• Offences and penalties


  Possessing unauthorised equipment, or using unauthorised network or service, is punishable with a penalty of up to ten lakh rupees
• Adjudication Process

  The central government will appoint an adjudicating officer, of the rank of Joint Secretary or above, to conduct inquiries and pass orders against civil offences under the Bill
• Adjudication Process

  Orders of the adjudicating officer may be appealed before the Designated Appeals Committee within 30 days, and members of this Committee will be officers of the rank of at least Additional Secretary