10 key provisions in Telecom Bill 2023

Ashwini Vaishnaw, Minister for Communications, Electronics & Information Technology introduced the bill in the upper house of the Parliament. The minister reiterated the 10 key provisions in the bill that focuses on user protection, right of way reforms, licensing, spectrum reforms, dispute resolution framework, legal framework for cybersecurity and protection of telecom network, interception provisions, innovation and technology provisions, among other things.

Brief on Telecommunications Bill, 2023
1.Focus on user protection

• “Do Not Disturb” register gets legal mandate to protect users from unsolicited commercial (spam) messages and calls.
• Online grievance redressal mechanism for addressing grievances of users.
• Acquiring SIM fraudulently using someone else’s identity proof will be punishable.

2. Right of way reforms

• State government led dispute resolution structure. District Magistrate and the District Judge will decide right of way issues.
• Provision to establish common ducts in infrastructure projects for installation of telecommunication network.
• If public property, permission to be given in time bound manner.
• If private property, mutual agreement between owner and person who wants to set up telecom network.

3. License reforms

• Currently, about 100 different types of licenses. There are various constructs other than license such as registration, permission and authorization.
• Shift to a simple construct of authorisation for 3 aspects: providing telecommunication. services, operating and expanding telecommunication networks and possessing radio equipment. OTT kept out.
• Documentation will reduce from hundreds of pages currently to a lean and clearly worded document.

4. Spectrum reforms

• 1885 Act contains no mention of spectrum. Definition of spectrum clearly mentioned in the Bill.
• Auction to be the preferred mode for assignment of spectrum.
• Assignment through administrative process for 3 clearly defined purposes:

Public-interest: metro, community radio, broadcasting etc;
Government functions: defence, railways, police etc;
Cases where auction is not the preferred mode of assignment due to technical or economic reason: backhaul, satellite etc.

• National Frequency Allocation Plan to enable long-term planning
• Focus on enabling optimal utilisation of spectrum by legally recognising:

Re-farming and harmonisation of spectrum.
Primary and secondary assignment of spectrum.
Taking back unutilised spectrum.
Technologically-neutral use of spectrum.

5. Digital by design 4-tiered dispute resolution framework

• Voluntary undertaking: to enable assignees and telecom service/ network providers to voluntarily disclose lapses and rectify inadvertent contraventions.
• Adjudicating officers and Designated Appeals Committee to function as digital offices to decide matters related to contravention of terms and conditions by assignees and telecom service/network providers.
• Appeal to TDSAT.

6. Legal framework for standards, cybersecurity and protection of telecom network

• Central Government may notify standards for telecommunication services, network etc.
• Measures to protect telecom network and ensure cyber security.
• Trusted source regime and necessary measures including taking over telecom network in the interest of national security, in the event of war etc.

7. Interception provisions same as before

• Grounds in accordance with provisions of Constitution of India.
• Accountable mechanism in consonance with guidelines laid down by Supreme Court of India is already operational. The same mechanism will continue.

8. Digital Bharat Nidhi

• USOF’s scope expanded to include research and development of telecommunication services, technologies, and products.

9.Innovation and technology development

• Provision of regulatory sandbox to allow testing new products and services in a live and restricted testing environment.

10. No disruption

• Exemption, license, permission, registration etc granted prior to the Bill to continue.

BCS Bureau