New telecom law to come into effect from June 26: What are the changes?

The Telecommunications Act of 2023 was approved by both Houses during the Winter Session in December last year and received presidential assent in the same month

Scheduled to come into force on June 26, the Telecommunications Act of 2023 will replace both the Indian Telegraph Act (1885) and the Indian Wireless Telegraph Act of 1933. The new Act addresses substantial technological advancements in the telecommunications sector.

The Act was approved by both Houses during the Winter Session in December last year and received presidential assent in the same month.

The official gazette notification said specific provisions of the new telecommunications law, including sections 1, 2, 10, and 30, will be effective starting June 26. The notification read: “The central government hereby appoints June 26, 2024, as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act shall come into force.”

The provisions concerning spectrum auction and allocation, the resolution of specific violations, and the amendments to the Telecom Regulatory Authority of India Act, 1997, will not be effective starting June 26.

Changes in the new telecommunications law

The new telecommunications law includes provisions granting the government authority to assume control of telecommunications services or networks during emergencies. According to the gazette notification, this power can be exercised for reasons related to security, maintaining public order, or preventing crimes.

The official gazette notification reads “Telecommunication is a powerful tool for empowerment of masses. However, it can be misused to cause harm to users. The Act provides measures for protection of users from unsolicited commercial communication and creates a grievance redressal mechanism.”

Authorisation must be from government

Under the Telecommunications Act of 2023, any entity wishing to establish or operate a telecommunications network, offer telecommunication services, or own radio equipment must obtain authorisation from the government. “To ensure national security and promote India’s technology developers, the Act lays down powers to set standards and conformity assessment measures for telecommunication services, telecommunication networks, telecommunication security, etc.,” the notification read.

The Act broadens the scope of the Universal Service Obligation Fund to encompass support for universal services in underserved rural, remote, and urban regions. It also aims to back research and development related to telecommunication services, technologies, products, and pilot projects. Additionally, the Act establishes a legal framework for a Regulatory Sandbox to encourage innovation and the implementation of new technologies.