Telecom Bill passed in Lok Sabha. Read the provisions here.

By: Pune Pulse

December 21, 2023

The Lok Sabha on Wednesday approved a bill that would give the government the authority to temporarily seize control of telecom services in the event of a national security emergency and that would allocate satellite spectrum through a non-auction method. 

After a brief debate, the Telecommunications Bill, 2023 was approved by voice vote which gives the Center the authority to seize control of a telecom network in the event of a public emergency or to protect public safety.

The following are the key points & provisions in the Telecom Bill:

User protection remains the main focus with strict KYC norms

• Three years imprisonment / fifty lakh rupees penalty for acquiring SIM using fake/forged document.
• Three years imprisonment / fifty lakh rupees penalty for spoofing of telephone number
• Three years imprisonment / fifty lakh rupees penalty on using telecom service via SIM Box etc

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 the dispute resolution structure. The District Magistrate and the District Judge will decide right of 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 a 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 authorization 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:

• The 1885 Act contains no mention of spectrum. The definition of spectrum is 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: defense, railways, police, etc

Cases where the auction is not the preferred mode of assignment due to technical or economic reasons: backhaul, satellite, etc

• National Frequency Allocation Plan to enable long-term planning
• Focus on enabling optimal utilization of spectrum by legally recognizing:
•  Re-farming and harmonization of spectrum
•  Primary and secondary assignment of spectrum
•  Taking back unutilized 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 lie 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 networks 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 the 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