The Telecommunications Bill 2023

Source- This post on Telecommunications Bill 2023 is based on the article “Omnibus Telecom Bill introduced in LS to replace 138-year old law; allows interception, right of way, spectrum harmonisation” published in “The Hindu” on 18th December 2023.

Why in the News?

The Telecommunications Bill, 2023 seeks to substitute 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.

What are the key provisions of the Telecommunications bill 2023?

1) Objective – The Bill revises regulations related to the development, operation, and expansion of telecommunication services, networks, spectrum assignment, etc.

2) Authorisation for telecom-related activities – Obtaining prior approval from the central government is mandatory for (i) providing telecom services, (ii) establishing, operating, or expanding telecom networks, or (iii) possessing radio equipment.

3) Assignment of spectrum: Spectrum will be assigned by auction, except for specified uses. In some specific use cases, it will be allocated on an administrative basis (by the Government).
These include: (i) national security and defence, (ii) disaster management, (iii) weather forecasting, (iv) transport, (v) satellite services such as DTH and satellite telephony, and (vi) BSNL, MTNL, and public broadcasting services.
The Central government may re-purpose or re-assign any frequency range and permit the sharing, leasing, and surrender of spectrum.

4) Powers of interception and search – Government can suspend, assume control of, or oversee any telecom service in case of public emergency or national security concerns.
A government authorized officer may search premises or vehicles for unauthorized telecom equipment.

5) Digital Bharat Nidhi: An earlier fund to provide telecom services in underserved areas has been renamed as Digital Bharat Nidhi, expanding its usage to include R&D.

6) Exclusion of OTT Apps and Communication Platforms- The bill excludes Over-the-Top (OTT) apps and communication platforms like WhatsApp from being classified as telecom services.

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