Introduction and Overview

- The Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024, have been recently released under the Telecommunications Act, 2023.

- They aim to regulate telecom networks designated as Critical Telecommunication Infrastructure (CTI) based on their potential impact on national security, economy, public health, or safety.

- Further, the Telecommunications (Temporary Suspension of Services) Rules, 2024, have been put into effect, replacing the Telecom Suspension Rules, 2017.

 

Provisions of the CTI Rules, 2024

- Data and Network Access: Telecom entities designated as CTI must grant government-authorised personnel access to inspect hardware, software and data of certified CTI parts.

- Oversight and Reporting: A chief telecom security officer (CTSO) is required for oversight. Cybersecurity incidents must be reported within 6 hours.

- Documentation: Entities must provide the government with various details including CTI network details, personnel information, hardware/software inventory, vulnerabilities, crisis management plans, audit reports, compliance records, and service level agreements (SLAs).

- Repair and Upgrade: Remote repair or maintenance of CTI requires prior written government approval. Any upgrades must be submitted for government review.

- Government Standards: All CTI components must comply with government standards.

 

Provisions of the Temporary Suspension of Services Rules, 2024

- Mandatory Publication: All suspension orders must be published, including reasons, affected areas, and the duration, which cannot exceed 15 days.

- Competent Authority: Only specific authorities can issue suspension orders, including the union home secretary for the central government and the state home secretary for states.

- Review Mechanism: A review committee must meet within 5 days of an order’s issuance to ensure its validity.

- Nodal Officers: Licenced service providers must have a nodal officer per service area to receive and action suspension orders.

- Secure Communication: Only officers above a certain rank can communicate these orders.

 

Historical Reference

- Note: In the landmark judgement of the Anuradha Bhasin v. Union of India, Case 2020, the Supreme Court highlighted that government-imposed restrictions on Internet access must be temporary, limited, lawful, necessary, and proportionate.

 

Significance and Impact

- These new rules represent a major shift in the governance and control of the country's critical telecommunication infrastructure.

- They seek to enhance national security and public safety, whilst also ensuring accountability and transparency in the management of telecom services.

- However, they may also raise concerns about potential government overreach and the rights of service providers and users.