THE TELECOMMUNICATIONS ACT, 2023

[Mr. M. GOVINDARAJAN]

The Telecommunications Act, 2023 (‘Act’ for short) was enacted by the Parliament and it has been notified in the official gazette, after getting the approval of the President of India, on 24.12.2023.  The provisions of the Act have not come into immediate effect.  Section 1(3) of the Act provides that it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the comment of that provision.

 It is an Act 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 therewith or incidental thereto.

The Act repealed the following existing laws relating to Telecommunication-

• The Indian Telegraph Act, 1885; and
• The Indian Wireless Telegraphy Act, 1933.

The Act also brought amendment to the Telecom Regulatory Authority of India Act, 1997.

The Act contains 11 Chapters and 62 sections and three schedules.

The Act contains the following chapters-

• Chapter I - Preliminary - Section 1 and Section 2;
• Chapter II - Powers of Authorization and Assignment - Section 3 to Section 9;
• Chapter III - Right of way for Telecommunication network - Section 10 to Section 18;
• Chapter IV - Standards, Public Safety, National security and protection of telecom networks - Section 19 to Section 23;
• Chapter V - Digital Bharat Nidhi - Section 24 to Section 26;
• Chapter VI - Innovation and Technology Development - Section 27 to Section 30;
• Chapter VII - Adjudication of certain contraventions - Section 31 to Section 41;
• Chapter IX - Offences - Section 42 to Section 44;
• Chapter X - Miscellaneous - Section 45 to Section 59;
• Chapter XI - Repeal and Savings - Section 60 - 62.

The Act contains three schedules which deal with the following-

• Schedule I - Assignment of spectrum through Administrative Process;
• Schedule II - Civil penalties for breach of terms and conditions under section 32 and Section 34;
• Schedule III - Civil Penalties for certain contraventions.

The Indian Telegraph Act was enacted during the year 1885.  The telecom industry underwent many changes in technology all over the world.  It cannot be imagined a present world without telecommunication services.  Therefore there is a need of change in the law of Telecommunication.  Though many amendments have been brought to the said Act and many a rule has been framed for the purposes of development of telecom sector, still many changes are to be made.  Considering the necessity the Central Government made the Telecommunications Act, 2023. 

The present Act is very forward than the old Act.  The Telegraph Act gives powers to grant certain privileges and powers to the Central Government.  The Telegraph Act introduced ‘Universal Service Obligation Fund’ with effect from 01.04.2002.  This fund is utilized for meeting the Universal Service Obligations.

The Telegraph Act provides penalties in the following cases-

• Establishing, maintaining or working unauthorized telegraph;
• Breach of conditions of licence;
• Using unauthorized telegraphs;
• Opposing establishment of telegraphs on railway land;
• Intrusion into signal room, trespass in telegraph office or obstruction;
• Unlawfully attempting to learn content messages;
• Intentionally damaging or tampering with telegraphs;
• Injury or to interference with a telegraph line or post;
• Telegraph officer or other official making away with or altering or unlawfully intercepting or disclosing messages or divulging purport of signals;
• Telegraph office fraudulently sending messages without payment;
• Misconduct.

The Telecommunications Act, 2023 defines the following important terms in relation to telecommunication services.

Telecommunication

Section 2(1)(p) defines the term ‘telecommunication’ as transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.

Telecommunication equipment

Section 2(1)(q) defines the expression ‘telecommunication equipment’ as any equipment, appliance, instrument, device, radio station, radio equipment, material, apparatus, or user equipment, that may be or is being used for telecommunication, including software and intelligence integral to such telecommunication equipment; and excludes such equipment as may be notified by the Central Government.

Telecommunication identifier

Section 2(1)® of the Act defines the expression ‘telecommunication identifier’ as a series of digits, characters and symbols, or a combination thereof, used to identify uniquely a user, a telecommunication service, a telecommunication network, elements of a telecommunication network, telecommunication equipment, or an authorized entity.

Telecommunication network

Section 2(1)(s) of the Act defines the  expression ‘telecommunication network’ as  system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government.

Features of the Act

• Chapter II of the Act gives powers to the Central Government to assign and authorize to any person or entity for the provision of telecom services, establishing, operating, maintaining or expanding telecommunication network or possess radio equipments.
• Chapter III of the Act provides for the facilitator to seek permission from the Government for right of way for telecommunication network under, over, across, along, in or upon such public property.
• Chapter IV of the Act gives powers to the Central Government to notify standards, public safety, national security and protection of telecommunication networks.
• Chapter V of the Act provides for the establishment of ‘Digital Bharat Nidhi’ which replaces the erstwhile the Universal Services Obligation Fund.
• Chapter VI of the Act gives powers to the Central Government to create ‘Regulatory Sandbox’ for encouraging and facilitating innovation and technological development in telecommunication.
• Chapter VII of the Act provides the measures to be taken for the protection of users of telecom services.
• Chapter VIII of the Act provides for adjudication of certain contraventions.
• Chapter IX of the Act provides general provisions relating to offences and punishments for the same.
• Chapter X of the Act provides miscellaneous provisions.
• Schedule 1 provides the list for assignment of spectrum through administrative process.
• Schedule 2 provides the civil penalties for breach of terms and conditions under Section 32 of the Act.
• Schedule 3 provides Civil penalties for certain offences.

To implement the provisions of this Act the Central Government will make rules in future.