GS Paper II
News Excerpt:
The Union Government issued a Gazette Notification to enforce some key sections of the Telecommunications Act, 2023.
Significance of the Act:
- The Telecommunications Act aims to modernize the telecommunications sector, replacing the archaic Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933.
- It is in line with the significant technological advancement in the field of telecommunications.
- The Act is Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness).
- It aligns with the vision of Viksit Bharat (Developed India).
- Certain sections of the Act will come into force on June 26, 2024, the Union Government will further notify the enforcement of the rest of the provisions.
Key Provisions of the Telecommunications Act, 2023:
- Clear Definitions:
- The Act provides precise definitions of various terminologies, reducing uncertainties and enhancing investor confidence, thus promoting ease of doing business.
- Right of Way (RoW) Framework:
- The Act introduces an effective RoW framework for both public and private properties.
- Public entities, including government agencies, local bodies, and PPP projects like airports, seaports, and highways, are obligated to provide right of way except in special circumstances.
- Fees for RoW will be capped, and telecommunication infrastructure will be distinct from the property it is installed on, minimizing disputes when properties are sold or leased.
- Common Ducts:
- The Act is aligned with PM Gati Shakti's vision. It empowers the Central Government to establish common ducts and cable corridors.
- Telecommunication Standards:
- To ensure national security and promote Indian technology, the Act grants powers to set standards and conformity assessment measures for telecommunication services, networks, and security.
- National Security and Public Safety:
- Strong provisions are included to take necessary measures for national security and public safety.
- Providing telecom services without authorisation, or gaining unauthorized access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
- Breaching terms and conditions of authorisation is punishable with a civil penalty of up to five crore rupees.
- Possessing unauthorized equipment, or using unauthorized network or service, is punishable with a penalty of up to ten lakh rupees.
- Inclusive Service Delivery, Innovation, and Technology Development:
- The Act expands the scope of the Universal Service Obligation Fund to support services in underserved areas and to fund research and development of telecommunication technologies.
- It also establishes a legal framework for a Regulatory Sandbox to foster innovation and deployment of new technology.
- User Protection:
- To prevent misuse of telecommunications, the Act includes measures to protect users from unsolicited commercial communication and establishes a grievance redressal mechanism.
- Digital by Design:
- The implementation of the Act will be digital by design, incorporating online dispute resolution and other digital frameworks.
- Transition Provisions:
- Sections 61 and 62 have been enforced to ensure a smooth transition, maintaining the existing framework until new rules are established under the new law.
Conclusion
- The Telecommunications Act, 2023 represents a significant step forward in modernizing India's telecommunications infrastructure and regulatory framework.
- By embracing the principles of inclusion, security, growth, and responsiveness, the Act aims to create a robust, secure, and innovative telecommunications environment, ultimately contributing to the vision of a developed India.
