INTRODUCTION
Before the enactment of this bill, the Indian telecommunication sector was mostly governed by three sets of laws that are the Indian Telegraph Act, of 1885, the Indian Wireless Telegraphy Act, of 1933, and the Telegraph Wires (Unlawful Possession) Act, of 1950. The new telecommunication bill consolidates all the previous laws and acts as a single window for all telecommunication-related activities. This bill aims “to amend and consolidate the law relating to development, expansion, and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected in addition to that”[1]Telecommunication is generally well-defined to incorporate the broadcast, emission, or responding of communications, irrespective of any alterations, calculations, or additional progressions intricated in their transmission. Particularly, the Bill eliminates broadcasting facilities from the domain of telecommunication services. The Bill needs persons or entities aiming to suggest telecommunication services, determine or enlarge telecommunication systems, or acquire radio equipment to find approval from the central government. The Telecommunication Bill signifies a complete lawmaking exertion intended at regulating and easing several features of communication substructure and facilities within a country. At its centre, the bill pursues to outline and control telecommunication services, which include the broadcast, production, or response of communications over miscellaneous modes such as wire, receiver, visual, or additional electromagnetic methods. Furthermore, the Bill permits resistance in contradiction of legal arrangements, such as suits or trials, at the central and state government levels. In general, the Telecommunication Bill is an inclusive governing outline intended to approach the future of contemporary communication, organization, and facilities by stimulating modernization, contest, and governing agreement within the telecommunications sector.
KEY PROVISIONS OF THE TELECOMMUNICATIONS BILL, 2023
- Authorisation from central government:
In the new telecommunication bill, if a person intends to provide telecommunication services, establish, operate, maintain, or expand a telecommunication network; or possess radio equipment, he will need prior authorization from the central government to do so, such authorization of government will act as a check on the illegal and prohibitory telecommunication practices which will foster a competitive and efficient telecommunications market.[2]
- Spectrum allocation
The bill provides auction as a principal method for allocation of spectrum. Spectrum means nothing but the range of frequencies of Hertzian or radio waves. This is intended to ensure fair competition and maximize income for the government. Besides such auctions also reduce conflict among service providers [3]
- Provisions for infrastructure sharing [4]
The bill promotes the establishment of common ducts, conduits, and cable corridors, for the installation of a telecommunication network which allows service providers to provide their services more efficiently and cost-effectively. Sharing such infrastructure will also reduce electromagnetic pollution and will promote sustainable telecommunication development shortly.
- Provisions for public safety
If the appropriate government feels that there is a need for public safety or disaster management then the government may temporarily take over a telecommunication service for public safety.
- Digital Bharat Nidhi [5]
In the previous legislation of the Indian Telegraph Act, of 1885 The Universal Service Obligation Fund had been established which in the new law was retained and renamed as Digital Bharat Nidhi. The sums of money received towards the Digital Bharat Nidhi shall first be credited to the Consolidated Fund of India, then the appropriate Government may use such funds for various purposes. the main objective of the digital Bharat Nidhi is to promote research and development of telecommunication services, conduct various digital literacy campaigns in ruler areas, support various pilot projects, and support the introduction of telecommunication services.
- Adjudication under the Telecommunications Bill, 2023[6]
For speedy and equitable adjudication, this act provides the appointment of an “adjudicating officer” who conducts inquiries and settles the dispute arising out of this act. The adjudicating officer may impose the penalty, and direct any such authority to do or abstain from doing any act additionally it may also make recommendations per the provision of this act.
FUTURE OUTLOOK OF THE TELECOMMUNICATIONS BILL, 2023
In this emerging era of artificial intelligence and the Internet of Things, the new telecommunication bill has the potential to change India’s telecommunication landscape. Additionally, provisions like authorization, public safety, and shared infrastructure can foster the technological development of India. However, it is not as easy as it looks there are many more hurdles in the way such as cybersecurity threats, infrastructure deployment, etc. but such constraints can be tackled by effective cooperation between the government and private sector. In the end, the Telecoms Bill’s success depends on how user rights are reconciled with security concerns while promoting a vibrant and innovative telecom industry for the benefit of all Indians.
CONCLUSION
In conclusion, the telecommunications bills, of 2023 serve as significant legislation that assures us not only security but also effective regulation of telecommunications. The new telecommunication bill gives us a stable framework for regulating telecommunication in this ever-changing digital era, focusing on the challenges and prospects offered by developing the telecommunication background. Additionally, the telecommunication bill demands cooperative assistance from both governments as well as from the private telecom sector so that people irrespective of their territorial location can benefit from all technological facilities. The bill with its comprehensive procedures and principles, aims to promote competition, encourage telecom entities to share their infrastructure for sustainable telecom growth, and reinforce consumer protection, assuring individuals access to reasonable, consistent, and high-quality telecommunications irrespective of their location and economic background. A prime objective of the telecommunication bill is to encourage inclusivity and connect the digital rift. In this digital era, constant internet connection is not just a luxury but a need to get access to education, services, medical facilities, and public engagement. Therefore, the bill establishes various funds to ensure that internet services reach the under-served and to conduct various digital literacy campaigns in ruler areas, support various pilot projects remotest locations, etc. Besides, the telecommunication bill also addresses serious concerns surrounding data security and cybersecurity providing security to public data.[7]To conclude, the telecommunication bill embodies a substantial pace in reforming and adapting the telecommunication part to see the developing requirements of digital India. As technology continues to develop and reform the telecommunication setting, the telecommunication bill acts as a founding stone for impulsive sustainable development and growth in the years ahead.
Author(s) Name : Ashay Anil Gote (Savitribai Phule Pune University)
Reference(s):
[1]Gote Ashay, ‘Telecommunications Bill, 2023 ‘ (eGazette, 24/10/2023)<https://egazette.gov.in/WriteReadData/2023/250880.pdf >accessed 3 April 2024
[2]Telecommunications Bill, 2023 2023 cl 3(Chapter II)
[3]Telecommunications Bill, 2023 2023 cl 4(Chapter II)
[4]Telecommunications Bill, 2023 2023 cl 15(Chapter III)
[5]Telecommunications Bill, 2023 2023 cl (Chapter V)
[6]Telecommunications Bill, 2023 2023 cl 35(Chapter VIII)
[7]Telecommunications Bill, 2023 2023 cl (Chapter VII)
