Certain Sections including 1,2,10 to 30, 42 to 44, 46,47, 50 to 58, 61, and 62 of the Telecommunications Act 2023 have come into effect starting June 26.
One of the Sections that have been introduced, includes Section 20 of the ‘Telecommunications Act 2023’ which states that the central government will be able to take control of any telecommunications services or networks in times of emergency after the implementation of the Act.
Other sections including Sections 3-9 which relate to powers of authorisation and assignment including that of telecommunication services, telecommunication network or radio equipment and spectrum; Section 4 related to assignment of spectrum, including satellite spectrum; and Section 59, which deals with the Telecom Regulatory Authority of India Act, 1997, will come into effect later.
“Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness), the Centre has introduced the ‘Telecommunications Act, 2023’, aimed to achieve the vision of Viksit Bharat (Developed India),” the statement read.
It added that the Act seeks to repeal existing legislative frameworks like Indian Telegraph Act, 1885 and Indian Wireless Telegraph Act, 1933 owing to huge technical advancements in the telecom sector and technologies. Further, it aims to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum and for matters connected therewith.
The Telecommunications Act, 2023, was passed by the Parliament in December 2023, received the assent of the President of India on 24.12.2023 and was published in the official Gazette on 24.12.2023.
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. Additionally, with these new rules in place, the universal service obligation fund will become Digital Bharat Nidhi, which can be used for funding research and development, and pilot projects instead of just supporting the establishment of telecom services in rural areas.
In order to ensure efficient transition, the notification has also enforced Section 61 and 62 which will provide continuation to the existing framework till rules are made under the new law, thus providing a conducive and friendly environment to the business and the sector.