The new telecom law, effective June 26, grants the government emergency control over telecommunications services. Key provisions include sections 1, 2, 10, and 30. The law also renames the Universal Service Obligation Fund to Digital Bharat Nidhi, aimed at funding research and development.
New Delhi: The new telecom law will come into effect from June 26 which, among other powers, will allow government to take control of any telecommunications services or networks in times of emergency. Centre partially notified the Telecommunications Act on Friday, making provisions including sections 1, 2, 10, and 30 effective from June 26.
The Gazette notification said,
“The central govt hereby appoints the 26th day of June 2024, as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act shall come into force,”
According to the notification, the government may assume control of telecom services for reasons of security, public order, or crime prevention.
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Section 20, which will be effective from June 26, states,
“On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the central government or a state government or any officer specially authorised in this behalf by the central government or a state government can take temporary possession of any telecommunication service or telecommunication network from an authorised entity; or provide for appropriate mechanisms to ensure that messages of a user or group of users authorised for response and recovery during a public emergency are routed on priority.”
The Telecommunications Act mandates that any telecom operator wishing to establish or operate a telecommunication network, provide services, or possess radio equipment must be authorised by the government.
Once the rules of the Act are implemented, the Universal Service Obligation Fund will be renamed Digital Bharat Nidhi. This fund can be utilized for research and development and pilot projects, expanding its use beyond just supporting the establishment of telecom services in rural areas.
Additionally, the legislation emphasizes the importance of cybersecurity and data protection, requiring telecom operators to adopt stringent security measures. This move seen as a response to the increasing threats of cyberattacks and data breaches that have plagued the industry in recent years.
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However, certain sections of the Act, such as the administrative allocation of spectrum, including for satellite services, and the adjudication mechanism, will be notified at a later date.
The new telecom law will replace the existing regulations within the telecommunications sector, including those under the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933, among others.
The introduction of this law highlights the government’s commitment to strengthening the regulatory framework in the telecommunications sector, ensuring it remains resilient and adaptable to future challenges.