Explained | All you need to know about new Telecom Bill

The Lok Sabha on Wednesday passed the long awaited Telecommunications Bill 2023 after it was tabled by the Union Government earlier this week to replace 138-year old colonial era laws and bring sweeping regulatory and administrative changes to how the sector is governed currently. In this edition of DH Deciphers, Anjali Jain decodes what the new provisions in the bill are, how the industry took to these changes and the contentions some have.

What does the Bill replace?

The bill, as stated by the government in Lok Sabha, will repeal three outdated acts: the Indian Telegraph Act, 1885; the Indian Wireless Telegraphy Act, 1933; and The Telegraph Wire (Unlawful Possession) Act, 1950. For the telecom operator it will do away with the need to obtain over 100 different licenses, permissions and registrations and bring in a more “streamlined process of authorisation”.

What are the new features brought in?

The bill directs entities to carry out biometric authentication of users as a means to curb fraud and spamming, but is being seen by many as a possible infringement on privacy.

The bill also allows for administrative allocation of spectrum for satellite broadband services as opposed to auctioning, a norm followed globally and in demand from entities that championed investment and healthy competition through allotments. While Jio had opposed such a move, it had been endorsed by Bharti Airtel’s OneWeb, Elon Musk’s Starlink, and Amazon’s Kuiper as it would allow them to launch their services quicker.

Outside of satcom, administrative allocation will be done for sectors like metro rails, community radio, defence, railways, and police, among others. Pricing and methodology of allocation remain unclear.

What are the security aspects addressed?

The government says it has heavily focused on national security and consumer protection. It has listed strict provisions for the unlawful interception of messages or unauthorised access to them. Criminal and civil offences have also been attached to unauthorised access to telecom networks or data. Entities have also been directed to procure telecom equipment only through trusted sources.

What does it offer the consumer?

The bill mandates taking prior consent from users before they are sent any kind of promotional messages or advertisements for goods, services and soliciting financial investments.

Moreover, those providing telecom services will be required to set up online portals where consumers can file their grievances and seek redressal.

Internet-based calling and messaging services like WhatsApp, Telegram and Google Meet will potentially be covered under IT rules and have been kept outside the purview of this bill, much to the relief of many industry players.

Are there any contentious issues with the bill?

The bill empowers a specially authorised official (of the central or state government) to take control and manage telecommunications in the case of a national emergency or in the interest of public safety. It also allows them to stop transmission of or intercept messages if there is threat of inciting an offence or for national security purposes - provisions that activists have pointed out might be misused by authorities.

The exclusion of over-the-top and internet-based services from the definitions provided in the bill has raised concerns that these platforms might be brought under the purview of the telecom department at a later stage, and some industry bodies have sought clarifications on the same.