• The Telecommunications Bill, 2023 was introduced in the Lok Sabha by the union minister for Communications, Electronics & Information Technology recently.

Telecommunications Bill, 2023:

• The Telecommunications Bill, 2023 amends and consolidates the laws relating to:
• development, expansion and operation of telecommunication services and telecommunication networks;
• assignment of spectrum; and for matters connected therewith.
• The new Bill seeks to replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

Highlights of the Bill:

• National Security:
• The Bill allows the government to take over telecom services and intercept messages in the interests of national security and in case of emergencies.
• The Bill says that on the occurrence of any public emergency, including disaster management, or in the interest of public safety, 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 mechanism to ensure that messages of a user or group of users authorised for response and recovery during public emergency are routed on priority.
• Under the new Bill, the government can also ask telecommunication services to transmit specific messages.

Simplification of 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.
• The Bill seeks to club many of those in a single authorisation process.

Voluntary disclosure:

• A voluntary undertaking mechanism to facilitate voluntary disclosure of inadvertent lapses and to facilitate compliance has been introduced.
• A tiered structure for settling disputes arising out of breach of terms and conditions involving an adjudicating officer, designated committee of appeals and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on top.

Biometric authentication:

• Entities have been mandated to carry out biometric authentication of their users as a measure to curb fraud.
• The provision has raised concerns about the privacy of users.

Powers of government:

• The Bill empowers the central and state governments or a specially authorised officer to seek interception, disclosure, and suspension powers in case of a public emergency or interest or safety.
• Press messages, meant for publication in India and of correspondents accredited to state or central governments, have been exempted from interception, although they can be intercepted for national security reasons.

Authorisation for telecom-related activities:  

• Prior authorisation from the central government will be required to:
• provide telecommunication services,
• establish, operate, maintain, or expand telecommunications networks, or
• possess radio equipment.
• Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified.

Assignment of spectrum: 

• Spectrum will be assigned by auction, except for specified uses, where it will be allocated on an administrative basis.  These include purposes such as:
• national security and defence,
• disaster management,
• weather forecasting, (iv) transport,
• satellite services such as DTH and satellite telephony, and
• BSNL, MTNL, and public broadcasting services.
• The central government may re-purpose or re-assign any frequency range.
•  The central government may permit sharing, trading, leasing, and surrender of spectrum.

Powers to specify standards:  

• The central government may prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.

Right of way:  

• Facility providers may seek a right of way over public or private property to establish telecom infrastructure.
• Right of way must be provided on a non-discriminatory and non-exclusive basis to the extent possible.

Protection of users: 

• The central government may provide for measures to protect users which include:
• prior consent to receive specified messages such as advertising messages,
•  creation of Do Not Disturb registers, and
• a mechanism to allow users to report malware or specified messages.
• Entities providing telecom services must establish an online mechanism for registration and redressal of grievances.

Digital Bharat Nidhi: 

• The Universal Service Obligation Fund has been established under the 1885 Act to provide for telecom services in underserved areas.
• The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development.

Adjudication process: 

• The central government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offences under the Bill.
• The officer must be of the rank of joint secretary and above.
• Orders of the adjudicating officer may be appealed before the Designated Appeals Committee within 30 days.
• Appeals against the orders of the Committee, in connection to breach of terms and conditions, may be filed with The Telecommunications Dispute Settlement and Appellate Tribunal within 30 days.

Issues:

• As per the new Bill, telecom services and networks will need authorisation from the government, unless it decides to exempt certain entities in public interest.
• There are concerns that the current definition of telecommunication could be interpreted in a way to potentially open the door for the telecom department to regulate online platforms.
• The Allocation of Business Rules could stand in the way of that since the telecom department’s remit is limited to regulating the ‘carrier’ layer, that is telecom services, under those rules.