Telecommunications Act 2023

Telecommunications Act, 2023 (India)

THE TELECOMMUNICATIONS BILL, 2023
A
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.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
POWERS OF AUTHORISATION AND ASSIGNMENT

3. Authorisation.
4. Assignment of spectrum.
5. Re-farming and harmonisation.
6. Technologically neutral use of spectrum.
7. Optimal utilisation of spectrum.
8. Establishment of Monitoring and enforcement mechanism.
9. No refund of fees.

CHAPTER III
RIGHT OF WAY FOR TELECOMMUNICATION NETWORK

10. Definition of terms used in this Chapter.
11. Right of way for telecommunication network in public property.
12. Right of way for telecommunication network on property not covered under section 11.
13. Non-discriminatory and non-exclusive grant of right of way.
14. Telecommunication network distinct from property on which it is installed.
15. Power of Central Government to establish common ducts and cable corridors.
16. Removal, relocation or alteration of telecommunication network.
17. Notice to facility provider.
18. Dispute resolution relating to this Chapter.

CHAPTER IV
STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION NETWORKS

19. Power to notify standards.
20. Provisions for public emergency or public safety.
21. Measures for national security, etc.
22. Protection of telecommunication network and telecommunication services.
23. Power to give directions.

CHAPTER V
DIGITAL BHARAT NIDHI

24. Establishment of Digital Bharat Nidhi.
25. Crediting of sum to Consolidated Fund of India.
26. Administration of Digital Bharat Nidhi.

CHAPTER VI
INNOVATION AND TECHNOLOGY DEVELOPMENT

27. Regulatory sand box.

CHAPTER VII
PROTECTION OF USERS

28. Measures for protection of users.
29. Duty of users.
30. Dispute resolution mechanism to redress user grievances.

CHAPTER VIII
ADJUDICATION OF CERTAIN CONTRAVENTIONS

31. Definitions of terms used in this Chapter.
32. Breach of terms and conditions of authorisation or assignment.
33. Contraventions of Act.
34. Voluntary undertaking for contraventions.
35. Adjudicating Officer.
36. Designated Appeals Committee.
37. Process to be followed by Adjudicating Officer and Designated Appeals Committee.
38. Enforcement.
39. Appeals on matters relating to section 32.
40. Appeals on matters relating to section 33.
41. Jurisdiction of civil court barred.

CHAPTER IX
OFFENCES

42. General provisions relating to offences.
43. Power to search.
44. Supply of information to authorised officers.

CHAPTER X
MISCELLANEOUS

45. Creation of security interests.
46. Certification of person for operation of radio equipment on a vessel or aircraft.
47. Certification for amateur station operator.
48. Prohibition of use of equipment which blocks telecommunication.
49. Penalties not to affect other liabilities.
50. Act to apply for offence or contravention committed outside India.
51. Protection of action taken in good faith.
52. Consistency with other laws.
53. Implementation of Act.
54. Employee of authorised entity not to be compelled to appear as witness.
55. Rights in Continental Shelf and Exclusive Economic Zone.
56. Power of Central Government to make rules.
57. Power of Central Government to amend Schedules.
58. Power to remove difficulties.
59. Amendment to Act 24 of 1997.

CHAPTER XI
REPEAL AND SAVINGS

60. Repeal of certain Acts and savings.
61. Existing rules to continue.
62. Validation of certain acts and indemnity.

THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.

Telecommunications Act, 2023

1- (1) This Act may be called the Telecommunications Act, 2023.

(2) It extends to,—
(i) the whole of India; and
(ii) to any offence committed or contravention made outside India by any person, as provided in this Act.

(3) 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 commencement of that provision.

2- In this Act, unless the context otherwise requires,—

(a) “appointed day” means such date as the Central Government may, by notification appoint under sub-section (3) of section 1;

(b) “assignment” of a radio frequency or radio frequency channel means the permission for a radio station to use a radio frequency or radio frequency channel under specified conditions;

(d) “authorisation” means a permission, by whatever name called, granted under this Act for—

(i) providing telecommunication services;
(ii) establishing, operating, maintaining or expanding telecommunication networks; or
(iii) possessing radio equipment;

(e) “authorised entity” means a person holding an authorisation under section 3;

(f) “critical telecommunication infrastructure” means telecommunication networks notified under sub-section (3) of section 22;

(g) “message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication;

(h) “National Frequency Allocation Plan” means guidelines issued from time to time by the Central Government for the use of the spectrum;

(i) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly;

(j) “person” shall include an individual, any company or association or body of individuals, whether incorporated or not, by whatsoever name called or referred to;

(k) “prescribed” means prescribed by rules made under this Act;

(l) “radio equipment” means telecommunication equipment used or capable of use for telecommunication by means of Hertzian or radio waves;

(m) “radio waves” means electromagnetic waves of frequencies propagated in space without any artificial guide;

(n) “Schedule” means a schedule to this Act;

(o) “spectrum” means the range of frequencies of Hertzian or radio waves;

(p) “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;

(q) “telecommunication equipment” means 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;

(r) “telecommunication identifier” means 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 authorised entity;

(s) “telecommunication network” means a 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;

(t) “telecommunication service” means any service for telecommunication;

(u) “user” means a natural or legal person using or requesting a telecommunication service, but does not include person providing such telecommunication service or telecommunication network.

CHAPTER XI
REPEAL AND SAVINGS

60. (1) Subject to the other provisions of this section, the enactments namely, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950, 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.

61- All rules, orders, made or purported to have been made under the Indian
Telegraph Act, 1885 or under the Indian Wireless Telegraphy Act, 1933, or under the
Telegraph Wires (Unlawful Possession) Act, 1950, 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.

62- 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, the Indian Wireless
Telegraphy Act, 1933 or the Telegraph Wires (Unlawful Possession) Act, 1950, 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