The Telecommunications Act, 2023 (Part 1)
The Telecommunications Act, 2023, published on 24th December, is a comprehensive legislation aimed at consolidating the legislative framework of the telecommunications sector in India.
The Act repeals Indian Telegraph Act, 1885, and Indian Wireless Telegraphy Act, 1933, but provides for the existing rules and regulations issued under these Acts to continue.
The Act encompasses various aspects related to the establishment, operation, and maintenance of telecommunication networks, including the assignment of spectrum. It introduces provisions for the protection of property rights, penalties for breaches of terms and conditions, and dispute resolution.
The Act provides revised comprehensive definitions for telecommunication, telecommunication network and telecommunication identifier, and provides that the implementation of the Act shall be digital by design.
The Act empowers Central Government to authorize entities to provide telecommunication services and operate telecommunication networks, and mandates the authorized entities to identify the consumers through use of any verifiable biometric based identification.
National Frequency Allocation Plan, as notified by Central Government, will govern the spectrum for telecommunications. The Act declares the spectrum to be utilized in a flexible, liberalized and technologically neutral manner.
For the services identified through The First Schedule, spectrum will be assigned through administrative process, and there will be no auction. Such services include national security and defence, law enforcement and crime prevention, meteorological department and weather forecasting, in-flight and maritime connectivity, space research, certain satellite-based services, BSNL and MTNL etc.
The Act empowers Central Government to assign spectrum through auction for services not listed in The First Schedule, and to grant exemptions, if it is necessary in the public interest.
The Act empowers Central Government to amend The First Schedule through notification, but mandates such notifications to be laid before each House of Parliament.
The Act also provides for re-assignment of the unutilized spectrum by a primary assignee, to a secondary assignee, for optimal use of the available spectrum.
Part 2 to follow.
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