Telecommunications Act 2023: Development and Security Features

Telecommunications Act 2023 is 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 Telecommunications Act, 2023 also seeks to repeal existing legislative framework like Indian Telegraph Act,1885 and Indian Wireless Telegraph Act, 1933 owing to huge technical advancements in the telecom sector and technologies.

“Telecommunication” means 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; (S-2p)

Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness), the Act aims to achieve the vision of Viksit Bharat (Developed India).

The Telecommunications Act, 2023, was passed by the Parliament in December 2023, received the assent of the President of India on 24.12.2023, and was published in the official Gazette on 24.12.2023.

The salient features of the sections that have been brought into force with effect from 26.06.2024:

1. Definitions: The Telecommunications Act clearly defines various terminologies related to the implementation of the Act thereby reducing uncertainties and improving investor confidence and is a step towards ease of doing business.
2. RoW framework: Right of Way provides for effective RoW framework, both on public and private property. The definition of public entities has been broadened to include government agencies, local bodies and PPP projects like airports, seaports, and highways.  Public entities shall be obligated to provide right of way except in special circumstances.  The fee for right of way would be subject to a ceiling. The Act provides complete framework for RoW in respect of private property based on mutual agreement. The Act also provides that the RoW to be granted shall be non-discriminatory and as far as practicable on a non-exclusive basis.  It also provides that telecommunication infrastructure shall be distinct from the property it is installed on.  This will help reduce the disputes when property is sold or leased.
3. Common ducts:  In line with PM Gati Shakti vision, the law provides for Central Government to establish common ducts and cable corridors.
4. Telecommunication standards: Telecom is a global industry. To ensure national security and promote India’s technology developers, the Act lays down powers to set standards and conformity assessment measures for telecommunication services, telecommunication networks, telecommunication security, etc.
5. National Security and Public Safety: The Act provides strong provisions to take necessary measures for national security and public safety.
6. Inclusive service delivery, Innovation, and technology development: The Act expands the scope of the Universal Service Obligation Fund to include supporting universal services in underserved rural, remote, and urban areas; and supporting research and development of telecommunication services, technologies, products and pilot projects. The Act also provides a legal framework for Regulatory Sandbox to facilitate innovation and deployment of new technology.
7. Protection of users: Telecommunication is a powerful tool for the empowerment of the masses. However, it can be misused to cause harm to users. The Act provides measures for protection of users from unsolicited commercial communication and creates a grievance redressal mechanism.
8. Digital by design: The Act provides that the implementation shall be digital by design bringing online dispute resolution and other frameworks.

In order to ensure an efficient transition, the notification has also enforced sections 61 and 62 which will provide continuation to the existing framework till rules are made under the new law, thus providing a conducive and friendly environment to the business and the sector.

Telecom Disputes Settlement and Appellate Tribunal

Any person aggrieved by an order of the Designated Appeals Committee under section 36, in so far as it pertains to matters under sub-section (1) of section 32, or an order of the Central Government under sub-section (2) of section 32, may prefer an appeal to the Telecom Disputes Settlement and Appellate Tribunal constituted under section 14 of the Telecom Regulatory Authority of India Act, 1997, within a period of thirty days from the date on which a copy of the order is received by such authorised entity or assignee. (s-39)

No civil court shall have jurisdiction in respect of any matter which the Adjudicating Officer, the Designated Appeals Committee, the Central Government or the Telecom Disputes Settlement and Appellate Tribunal are empowered.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences specified under this section shall be cognizable and non-bailable. No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first class shall try any offence punishable under this Act.

Connected Laws

Telecom Regulatory Authority of India Act, 1997

Cable Television Networks (Regulation) Act, 1995

(1) Subject to the other provisions of this section, the enactments namely, the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933, are hereby repealed.

(2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken including any grant of license, registration or assignment, any order, or proceeding, pending or ongoing, under the repealed provisions shall be deemed to have been done or taken under this Act, and the provisions of this Act shall have effect in relation thereto.

(3) The provisions of Part-III of the Indian Telegraph Act, 1885 shall continue to apply to all cases pertaining to laying down of transmission lines under section 164 of the Electricity Act, 2003 as if the Indian Telegraph Act, 1885 has not been repealed, and the provisions of Part-III of the Indian Telegraph Act, 1885 shall continue in force with reference to section 164 of the Electricity Act, 2003 till such time as section 164 of the Electricity Act, 2003 is amended.

All rules, orders, made or purported to have been made under the Indian Telegraph Act, 1885 or under the Indian Wireless Telegraphy Act, 1933, shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act as if this Act had been in force on the date on which such rules, orders were made, and shall continue in force unless and until they are superseded by any rules made under this Act.

All acts of executive actions done, decisions taken, actions done, proceedings taken and orders passed, prior to the appointed day, by the Central Government, by any officer of the Central Government, or by any other authority, with respect to assignment of spectrum or provision of telecommunication services, or telecommunication network or establishment of telecommunication infrastructure, in the belief or purported belief that the acts done, decisions taken, actions done, and proceedings taken, were being
done, taken or passed under the Indian Telegraph Act, 1885, or the Indian Wireless Telegraphy Act, 1933, shall be as valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, decisions, proceedings taken were not done or taken in accordance with law.