Telecommunications Bill

20 Dec 2023 Telecommunications Bill

This article covers “Daily Current Affairs” and the topic details “Telecommunications Bill, 2023”. This topic has relevance in the Economy section of the UPSC CSE exam.

GS 3: Economy

Why in the news?

Recently, the new telecom bill was introduced in Lok Sabha    

Background:

The Telecommunications Bill, 2023, is introduced as a strategic response to the evolving landscape of the telecommunications sector, recognizing its pivotal role as a key driver of economic and social development and the gateway to digital services. The legislation is formulated to address the dual imperatives of ensuring the security of the nation’s telecommunications networks and fostering a regulatory environment conducive to digitally inclusive growth.

Key Highlights of the Telecommunications Bill, 2023:

• Repeal of Existing Laws:

• • • The bill repeals three foundational legislations: the Indian Telegraph Act, 1885; the Indian Wireless Telegraphy Act, 1933; and the Telegraph Wires (Unlawful Possession) Act, 1950.
    • Concurrent amendments to the Telecom Regulatory Authority of India (TRAI) Act, 1997.

• Authorization for Telecom-related Activities:

• • • Central government authorization mandated for various activities, including providing telecommunication services, establishing, operating, maintaining, or expanding telecommunications networks, and possessing radio equipment.
    • Existing licenses retain validity, either for the period of their grant or five years, if the period is unspecified.

• Assignment of Spectrum:

• • • Spectrum allocation through auction, with exceptions for specified purposes such as national security, disaster management, weather forecasting, transport, satellite services, and public broadcasting.
    • Empowerment of the central government to re-purpose or re-assign any frequency range.

• Powers of Interception and Search:

• • • Authorization for the interception, monitoring, or blocking of messages on specified grounds, including public safety, public emergency, security of the state, prevention of incitement of offenses, or maintaining public order.

• Extraordinary Government Powers:

• • • Provision for temporary possession of telecom infrastructure, network, or services during public emergencies.
    • Suspension of telecom services under similar circumstances.
    • Authorized searches by government-appointed officers for unauthorised telecom network or equipment possession.

• Powers to Specify Standards:

• • • Central government empowered to prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.

• Right of Way:

• • • Facility providers entitled to seek a right of way over public or private property for the establishment of telecom infrastructure.
    • Right of way to be provided on a non-discriminatory and non-exclusive basis to the extent possible.

• Protection of Users:

• • • Central government’s authority to implement measures protecting users, including obtaining prior consent for specified messages, creation of “Do Not Disturb” registers, and mechanisms for reporting malware or specified messages.

• Appointments to TRAI:

• • • Amendments to the TRAI Act, allowing individuals with at least 30 years of professional experience to serve as the chairperson and those with at least 25 years of professional experience to serve as members.

• Digital Bharat Nidhi:

• • • Retention of the Universal Service Obligation Fund (USOF) under the 1885 Act, renamed as Digital Bharat Nidhi.
    • Expanded scope to allow fund utilization for research and development (R&D).

• Adjudication Process:

• • • Appointment of an adjudicating officer by the central government for inquiries and orders against civil offenses.
    • Adjudicating officer must hold a rank of joint secretary or above.
    • Appeals against orders to be made before the Designated Appeals Committee within 30 days.
    • Committee members to be officers of the rank of at least Additional Secretary.
    • Further appeals to TDSAT (Telecom Disputes Settlement and Appellate Tribunal) within 30 days for breaches of terms and conditions.

• Offences and Penalties:

• • • Specification of various criminal and civil offenses with corresponding penalties.
    • Providing telecom services without authorization, unauthorized access to telecom network or data, and breach of terms and conditions are subject to imprisonment, fines, or both.

The Telecommunications Bill, 2023, aims to establish a contemporary legal framework, ensuring the security and regulation of telecommunications networks while propelling the nation towards a digital future.

Source: Telecom Bill: Telecom Bill 2023 tabled in Lok Sabha: This is when the government can temporarily take over or suspend telecom services – Times of India (indiatimes.com)

Download yojna daily current affairs hindi med 20th DEC 2023

Q.1 With reference to the Telecommunications Bill, 2023, consider the following powers of the Government:

1. Authorization for interception, monitoring, or blocking of messages solely on grounds including public safety.
2. Grants extraordinary powers for temporary possession of telecom infrastructure and authorized searches for unauthorized network or equipment possession.

Which of the following is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

ANSWER: B

Q.2 Examine the constitutional and democratic implications of the provisions in the Telecommunications Bill, 2023.

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