The Department of Telecommunications has released the Draft Indian Telecommunication Bill, 2022 for public feedback.9,10,11
The Draft Bill seeks to replace: (i) the Indian Telegraph Act, 1885, (ii) the Indian Wireless Telegraphy Act, 1933, and (iii) the Telegraph Wires (Unlawful Possession) Act, 1950.12,13,14 These Acts regulate telecom services, possession of telecom equipment, and laying of telecom network.
Key features of the Draft Bill include:
▪ License for telecom network and services: The central government will have the exclusive privilege to: (i) establish, operate, and maintain telecom network, and (ii) provide telecom services. It may grant a license to other entities to carry out these activities. The Bill defines telecom services as services made available to users by telecommunication including: (i) fixed-line and mobile, (ii) internet, (iii) broadcasting, (iv) satellite communication, (v) machine-to-machine communication, (vi) e-mail, and (vii) over-thetop (OTT) communication services (voice, video, or messaging services over internet).
▪ Spectrum assignment: Spectrum may be assigned through auction, or administrative allocation in case of government functions or purposes concerning public interest or necessity. These include: (i) spectrum for BSNL, MTNL, and Prasar Bharti, (ii) disaster management, (iii) safety in transport systems, (iv) weather forecasting, (v) space research, and (vi) community radio stations. ▪ Public safety and national security: The central government or state government may: (i) take temporary possession of telecom services or network, or (ii) direct that certain messages and communication of persons be intercepted and shared with them, or their communication be suspended. These will apply in case of public emergency or safety, and should be necessary in the interest of national security, foreign relations, public order, or prevention of offences.
▪ The Draft Bill also provides for: (i) a framework for right of way for laying telecom infrastructure, (ii) regulation of restructuring, insolvency, and payment default in the telecom sector, and (iii) a telecom development fund. Comments are invited until October 20, 2022.
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