New Delhi: The Union Government today issued a Gazette Notification for enforcing certain sections of the Telecommunications Act, 2023, thus replacing century-old telecom laws and ushering in a new era of connectivity.
The Telecommunications Act, 2023, was passed by the Parliament in December 2023, received the assent of the President of India on December 24, 2023, and was published in the official Gazette on December 24, 2023.
Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 have been enforced following the Gazette Notification today. Sections 61 and 62 will provide continuation to the existing framework till rules are made under the new law, “thus providing a conducive and friendly environment to the business and the sector”.
The Telecommunications Act, 2023, aims to amend and consolidate the law relating to the development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum and matters connected therewith. The Telecommunications Act, 2023, also seeks to repeal existing legislative frameworks like Indian Telegraph Act, 1885, and Indian Wireless Telegraph Act, 1933, owing to huge technical advancements in the telecom sector and technologies.
Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit(Responsiveness), the Act aims to achieve the vision of a developed India.
The salient features of the sections that have been brought into force with effect from 26.06.2024:
- Definitions: The Telecommunications Act clearly defines various terminologies related to the implementation of the Act thereby reducing uncertainties and improving investor confidence and is a step towards ease of doing business.
- RoW framework: Right of Way (RoW) provides for an effective RoW framework, both on public and private property. The definition of public entities has been broadened to include government agencies, local bodies and PPP projects like airports, seaports, and highways. Public entities shall be obligated to provide right of way except in special circumstances. The fee for right of way would be subject to a ceiling. The Act provides a complete framework for RoW in respect of private property based on mutual agreement. The Act also provides that the RoW to be granted shall be non-discriminatory and as far as practicable on a non-exclusive basis. It also provides that telecommunication infrastructure shall be distinct from the property it is installed on. This will help reduce disputes when property is sold or leased.
- Common ducts: In line with PM Gati Shakti vision, the law provides for the Central Government to establish common ducts and cable corridors.
- Telecommunication standards: Telecom is a global industry. To ensure national security and promote India’s technology developers, the Act lays down powers to set standards and conformity assessment measures for telecommunication services, telecommunication networks, telecommunication security, etc.
- National Security and Public Safety: The Act provides strong provisions to take necessary measures for national security and public safety.
- Inclusive service delivery, Innovation and technology development: The Act expands the scope of the Universal Service Obligation Fund to include supporting universal services in underserved rural, remote, and urban areas; and supporting research and development of telecommunication services, technologies, products and pilot projects. The Act also provides the legal framework for Regulatory Sandbox to facilitate innovation and deployment of new technology.
- Protection of users: Telecommunication is a powerful tool for the empowerment of the masses. However, it can be misused to cause harm to users. The Act provides measures for the protection of users from unsolicited commercial communication and creates a grievance redressal mechanism.
- Digital by design: The Act provides that the implementation shall be digital by design bringing online dispute resolution and other frameworks.
– global bihari bureau
