Do Not Disturb, Power To Intercept, Right Of Way: Key Highlights Of New Telecom Bill
A key difference between the 2022 draft and 2023 legislation is the replacement of the word 'licence' with 'authorisation', potentially easing the regulatory process.
The Telecommunications Bill 2023 bill, passed in the Lok Sabha, is set to give far-reaching powers to the central government to control the distribution and regulation of communications infrastructure.
The key change in the bill, tabled by Communications Minister Ashwini Vaishnaw, includes spectrum allocation through an administrative process in certain cases instead of an auction.
Telecommunication has been defined as "any service for telecommunication". Such a definition seemingly encompasses over-the-top messaging and calling services. However, the Ministry of Communications has clarified that OTT would be kept out of the framework.
Key Highlights
Spectrum Allocation
The bill proposes the allocation of spectrum to satellite-communication companies (like Starlink) through the administrative method. The Department of Telecommunications has clarified that the auction would be the preferred mode of assignment for spectrum.
However, administrative allocation will be used for three purposes:
Public interest: metro, community radio, broadcasting
Government functions: defence, railways, police
Cases where auction is not the preferred mode of assignment due to
Technical or economic reason: backhaul, satellite.
Consumer Protection
The do-not-disturb register is set to get a legal mandate to protect users from unsolicited commercial messages and calls. The sender of such messages will have to acquire the prior consent of users.
The operators will also be required to establish an online mechanism to enable users to register any grievance pertaining to their services and for redressal of grievances.
It will be the "duty" of users to not furnish any false particulars, suppress any material information or impersonate another person while establishing their identity for availing of telecommunication services.
Right of Way
The bills have provisions for right of way for laying telecom infrastructure in public and private properties. Telecom companies can seek permission from the government to lay telecom infrastructure on public property.
A mutual agreement will be required for the same in case of laying on infrastructure on a private property. However, if the owner fails to provide the property, the government may decide the terms of the right of way on its own in public interest.
Power To Intercept, Suspend Service
The bill provides for the central government to intercept calls and messages on various grounds, including public safety or emergencies.
It will also be able to monitor or block messages or a class of messages between two or more persons on such grounds. Telecom services may also be suspended on similar grounds.
2022 Draft Vs 2023 Bill
A key change in the 2023 legislation compared to the 2022 draft includes removal of specific provisions for insolvency and bankruptcy of telecom companies. This means a telecom company will not be able to continue offering services during insolvency proceedings.
Another difference between the 2022 draft and 2023 bill is the replacement of the word 'licence' with 'authorisation', potentially easing the regulatory process.
The government has also removed the provision of waiver of fee, interest penalty or any other charges levied on the telecommunication companies. This would have negative implications for cash-strapped Vodafone Idea Ltd., which owes a majority of the Rs 2-lakh-crore debt to the government.
