New Delhi: The Union Government has announced the enforcement of key provisions within the Telecommunications Act 2023. As of today, sections 6-8, 48, and 59(b) are now in effect, following the official Gazetted Notification issued on July 4, 2024.
The Telecommunications Act 2023 aims to overhaul and streamline the legal framework governing the development, expansion, and operation of telecommunication services and networks. It also addresses the assignment of spectrum and various other related aspects. This new legislation marks the repeal of the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933, acknowledging the significant technological advancements in the telecom sector.
The Act is built on four core principles: Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness). These principles collectively strive to realize the vision of 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. Several sections, including 1, 2, 10-30, 42-44, 46, 47, 50-58, 61, and 62, were already enacted as of June 26, 2024, according to Notification No. 2408(E) dated June 21, 2024.
New Provisions Enforced from July 5, 2024
The latest sections enforced from July 5, 2024, include:
Optimal Utilization of Spectrum: The Act introduces a robust legal framework to ensure the efficient use of scarce spectrum resources. This includes processes like secondary assignment, sharing, trading, leasing, and the surrender of spectrum. It also promotes the utilization of spectrum in a flexible, liberalized, and technologically neutral manner. The Central Government is empowered to establish an enforcement and monitoring mechanism to oversee this process.
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Prohibition of Equipment Blocking Telecommunications: The Act strictly prohibits the use of any equipment that blocks telecommunications unless specifically permitted by the Central Government. This measure aims to maintain uninterrupted communication channels across the country.
Criteria for Appointment in TRAI: Section 59(b) amends Section 4 of the TRAI Act of 1997, outlining the criteria for appointing the Chairperson and Members of the Telecom Regulatory Authority of India (TRAI). This ensures that qualified and competent individuals lead the regulatory body.
A significant focus of the latest notification is on enhancing spectrum efficiency. The government aims to achieve this through various mechanisms such as secondary assignment and the trading and sharing of spectrum. These measures are expected to optimize the use of spectrum, a critical resource for the telecommunications industry.
The enforcement of these provisions is a crucial step towards modernizing India’s telecommunication laws, reflecting the sector’s rapid technological advancements. The government’s commitment to inclusion, security, growth, and responsiveness underscores its vision of a developed India, bolstered by a robust and efficient telecommunications framework.
The implementation of these provisions marks a significant milestone in the evolution of India’s telecommunications sector. As the country continues to embrace new technologies and innovations, the Telecommunications Act 2023 provides a solid foundation for future growth and development. The focus on spectrum efficiency and regulatory excellence ensures that India is well-positioned to meet the demands of a rapidly changing digital landscape.
