The Union Government has notified rules under the Telecommunication Act 2023, which makes only a secretary to the government or officials with equivalent rank eligible for the position of sector regulator Telecom Regulatory Authority of India (TRAI) Chairman.
“Criteria for appointment as Chairperson and Members of TRAI: Section 59(b) of the Act will amend section 4 of the TRAI Act 1997 and prescribes criteria for appointment of Chairperson and Members of TRAI,” the official said.
Last month, the government made certain sections of the Act operational from June 26 including the new rule of allowing the government to take over the control and management of any or all of any telecommunication services or network, in the interest of national security, friendly relations with foreign States, or in the event of war.
“The Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 26th Day of June 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 notification said last month.
However, some of the rules of those sections have come into effect from July 5, including the criteria for appointment as Chairperson and Members of the TRAI.
The new section restricts sector experts with professional experience in the field of telecommunication, industry, finance, accountancy, law etc. from becoming TRAI Chairperson. “Provided that a person who is, or has been, in the service of Government shall not be appointed…as a Chairperson unless such person has held the post of Secretary to the Government of India or any equivalent post in the central government or the state government,” the new act states.
In January this year, former Railway Board Chief Anil Kumar Lahoti was appointed as the Chairman of the TRAI.
The other features of the sections that have been brought into force with effect from July 5 include optimal utilisation of spectrum: The Act provides legal framework for efficient utilisation of scarce spectrum through processes such as secondary assignment, sharing, trading, leasing and surrender of spectrum. It also enables the utilisation of spectrum in a flexible, liberalised and technologically neutral manner. It also empowers the Central Government to establish an enforcement and monitoring mechanism for the purpose.
Additionally, there is a prohibition of use of equipment which block telecommunications: The Acts prescribes, with immediate effect, the use of any equipment that blocks telecommunication, unless permitted by the Central Government.