A transformative chapter unfolds as the Telecommunications Act of 2023 gears up for a partial debut on June 26, 2024. A government notification, dated June 21, revealed that sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 are set to become operational immediately.
Last December, President Droupadi Murmu greenlit the Telecommunications Act, which Parliament had ratified, marking a significant legislative milestone. This Act is designed to refine and modernize telecom laws, steering away from the dated Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.
One of the Act’s standout features is a mandate for entities to perform biometric authentication of users—a measure aimed at curbing fraud but raising privacy alarms. It also retains surveillance provisions from the Telegraph Act, empowering the government to intercept, monitor, or block communications on grounds like state security, public order, or international relations. Additionally, the Act grants the Union government authority over telecom networks during emergencies.
Notably, the Act seeks to revamp the telecom licensing framework. Moving away from the cumbersome system of over 100 types of licenses, it introduces a streamlined authorization mechanism, simplifying regulatory processes.
Moreover, the Act addresses spectrum management with innovative measures. It allows for the reclamation of unused spectrum and introduces the possibilities of spectrum sharing, trading, and leasing. Entities can surrender unused spectrum, though without compensation.
As the Telecommunications Act of 2023 begins its phased implementation, it heralds a new era of efficiency, security, and modernization in India’s telecom landscape.
