Introduction and Evolution

The Telecommunications Act of 2023 has recently been notified by the central government, heralding a significant shift in India's telecommunication laws. The Act replaces antiquated laws such as the Indian Telegraph Act, 1885, the Indian Wireless Telegraph Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. The 1950 Act was repealed by the Repealing and Amending Act, 2023, underpinning regulatory flexibility.

Key Features of the Telecommunications Act 2023

  • Clearly Defined Scope: The Act meticulously outlines its scope, reducing ambiguities. It brings messages sent through internet-based messaging service providers into its ambit.
  • Right of Way (RoW) Framework: The Act provides a robust RoW framework, on both public and private property, obligating public entities to provide RoW barring special circumstances.
  • Establishment of Common Ducts: Aligned with the PM Gati Shakti's vision, the Act has provisions for the Central Government to create common ducts and cable corridors.

transmission of any content in the interest of public safety or during emergencies, increasing government's oversight on message transmission.

  • Digital Bharat Nidhi: The Act transforms the Universal Service Obligation Fund (USOF) into Digital Bharat Nidhi, a fund that can be utilised for R&D and pilot projects instead of solely backing the establishment of telecom services in remote areas.
  • User Protection: The Act legally obligates the telecom operators to protect users from unwanted commercial messaging and has established Do Not Disturb registers. Possessing more than 9 SIM cards may result in fines leading up to Rs 2 Lakh.

Historical Background and Regulatory Authorities

The Indian telecom sector, from the era of the Telegraph Act of 1885 to the present, has witnessed evolutionary changes in its legal framework. The crucial act of 1997, the TRAI Act, created TRAI and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to handle rate regulation, however ultimate licensing authority stays with the central government.

Merits and Demerits of the Telecommunications Act, 2023

The Telecommunications Act, 2023 comes with several merits. It is equipped to adapt to new communication technologies, promote competition, bolster R&D, enforce verifiable user identification, and protect users from spam. The law's jurisdiction encompasses the entire nation, and infractions made overseas, as provided by the Act.

 

However, the potential pitfalls and concerns of this Act remain to be seen as it gets implemented and its true impact unfolds.