New Telecommunications Act 2023: Transforming India’s Connectivity Landscape
Historic Legislation Replaces Century-Old Colonial Laws, Emphasizes Inclusion, Security, Growth, and Responsiveness
The Union Government, on July 4, 2024, issued a Gazetted Notification for enforcing sections 6-8, 48, and 59(b) of the Telecommunications Act, 2023, effective from July 5, 2024. This landmark legislation aims to amend and consolidate laws related to the development, expansion, and operation of telecommunication services and networks, as well as spectrum assignment.
The Telecommunications Act 2023 replaces outdated legislative frameworks, such as the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933, in response to significant technological advancements in the telecom sector. Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness), the Act strives to achieve the vision of a Viksit Bharat (Developed India).
Passed by Parliament in December 2023, the Act received the President’s assent on December 24, 2023, and was published in the official Gazette on the same day. Sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61, and 62 of the Act were already enforced from June 26, 2024, as per Notification No. 2408(E) dated June 21, 2024.
Key Features Enforced from July 5, 2024:
- Optimal Utilization of Spectrum: The Act establishes a legal framework for the efficient use of scarce spectrum through secondary assignment, sharing, trading, leasing, and surrendering of spectrum. It enables flexible, liberalized, and technologically neutral utilization and empowers the Central Government to set up an enforcement and monitoring mechanism.
- Prohibition of Telecommunication Blocking Equipment: The Act immediately prohibits the use of any equipment that blocks telecommunication unless permitted by the Central Government.
- TRAI Appointment Criteria: Section 59(b) amends section 4 of the TRAI Act 1997, prescribing criteria for the appointment of the Chairperson and Members of TRAI.
A significant focus of the latest notification is the Central Government’s commitment to enhancing spectrum utilization efficiency through various methods, including secondary assignment, sharing, and trading.
Source: PIB Delhi
