The Central government has announced the implementation of certain provisions of the Telecommunications Act, 2023, effective Today(June 26, 2024). This was confirmed in a Gazette of India notification by the Union Ministry of Communications on June 21, 2024.
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NEW DELHI: The Central government has officially announced the implementation of specific provisions of the Telecommunications Act, 2023, set to take effect from Today(June 26, 2024). This significant development was confirmed through a notification published in the Gazette of India by the Union Ministry of Communications on June 21, 2024.
The notification stated:
“By the powers granted under sub-section (3) of section 1 of the Telecommunications Act, 2023 (44 of 2023), the Central Government designates June 26, 2024, as the effective date for the implementation of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, and 61 to 62 of the Act.”
This enactment follows the assent given by the President of India, Droupadi Murmu, on December 24, 2023, after the Telecommunications Act, 2023, was passed by both houses of Parliament.
The primary objective of the 2023 Act is to amend and consolidate the laws related to the development, expansion, and operation of telecommunication services and telecommunication networks, assignment of spectrum, and related matters. By introducing this new legislation, the government aims to streamline and modernize the telecommunication sector in India.
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The Telecommunications Act, 2023, marks a significant departure from the previous legislative framework governing telecommunications in India. It replaces the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950. These outdated laws were deemed inadequate to address the complexities and advancements in the telecommunication sector.
One of the notable aspects of the new Act is its emphasis on the development and expansion of telecommunication services. By providing a more comprehensive and updated legal framework, the Act aims to facilitate the growth of telecommunication networks across the country. This is expected to enhance connectivity, improve service quality, and promote digital inclusion.
The Act also addresses the critical issue of spectrum assignment. Spectrum is a valuable and limited resource, essential for the functioning of telecommunication networks. The new provisions aim to ensure a more efficient and transparent process for spectrum allocation, which is crucial for the deployment of advanced telecommunication technologies.
Additionally, the Telecommunications Act, 2023, includes measures to address various challenges and issues faced by the telecommunication sector. It provides for the regulation and management of telecommunication services, ensuring that service providers adhere to certain standards and guidelines. This is expected to enhance consumer protection and promote fair competition in the industry.
The implementation of the new Act is a significant step towards achieving the government’s vision of a digitally empowered India. By modernizing the legal framework, the Act aims to create an enabling environment for the growth of the telecommunication sector, which is a key driver of economic development and social progress.
As the provisions of the Telecommunications Act, 2023, come into force from June 26, 2024, stakeholders in the telecommunication industry will need to align their operations with the new legal requirements. This transition period provides an opportunity for service providers, regulators, and other stakeholders to familiarize themselves with the new provisions and ensure compliance.
A new Act has been introduced with sweeping changes aimed at revamping the telecom sector. This Act, designed to modernize and streamline the telecom industry, includes several critical provisions, addressing both user privacy concerns and the efficiency of the licensing process.
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One of the most notable provisions of the new Act mandates entities to conduct biometric authentication of their users to combat fraud. This particular measure has sparked concerns regarding user privacy. Privacy advocates argue that while combating fraud is essential, the mandatory biometric authentication raises serious privacy issues.
They caution that-
“Biometric data is highly sensitive, and its misuse can result in serious consequences for individuals.”
Further, the Act retains provisions from the Telegraph Act related to the interception or surveillance of telecommunications. It grants the Union government the authority to assume control of a telecom network in the event of a public emergency or safety concerns. This power, while deemed necessary for national security, has also raised eyebrows among privacy advocates and civil rights groups.
The Act provides that any message or class of messages between two or more persons may be intercepted, monitored, or blocked on specified grounds.
These grounds include:
- the interest of the security of the state,
- friendly relations with other countries,
- public order, or
- prevention of incitement of offences.
Critics argue that such broad grounds for interception could lead to potential misuse and excessive surveillance, infringing on the privacy of citizens.
In a bid to cover modern communication methods, telecommunication services, as defined under the Act, may now include internet-based services. This broad definition ensures that emerging communication technologies are also regulated under the new framework.
The Act aims to overhaul the existing licensing regime for telecom networks, transitioning from the current system to an authorization framework. Under the present arrangement, the telecom department issues over 100 types of licenses, registrations, and permissions. The Act aims to streamline this process by consolidating many of these into a single authorization mechanism.
“The existing licensing system is cumbersome and inefficient.”
-said an industry expert.
Streamlining this into a single authorization process will significantly reduce the bureaucratic hurdles faced by telecom operators.
Moreover, the Act empowers the government to reclaim the spectrum that remains unused. It also introduces provisions for the sharing, trading, and leasing of spectrum. Entities will now have the option to surrender unused spectrum, although they won’t receive compensation from the government for the same. This measure is intended to ensure that the spectrum, a valuable and limited resource, is utilized efficiently.
“Permitting the sharing, trading, and leasing of spectrum will create a more dynamic and competitive market.”
-noted a telecom analyst.
However, the lack of compensation for surrendered spectrum might be a point of contention for some operators.
