What is the Telecommunications Act 2023?

The Telecommunications Act 2023 is a new law passed by the Government of India that expands governmental control over telecommunications services. It consolidates and modernises the legal framework for regulating telecom services, replacing older laws like the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933.

When does the Telecommunications Act 2023 come into effect?

The Bill was first introduced in the Lok Sabha on December 18, 2023, and was passed by the Lower House of Parliament on December 20, 2023 and the Rajya Sabha on the following day. The Telecommunications Act 2023, along with certain provisions, came into force on June 26.

What happens to the existing telecom regulations with the new act?

The Telecommunications Act 2023 will replace existing telecom regulations, including the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933. This new law consolidates previous decrees into a unified framework.

How does the Telecommunications Act 2023 protect consumers?

The act includes provisions aimed at protecting consumers, such as penalties for fraudulently obtaining SIM cards and compensation for damages to telecom infrastructure. These measures are intended to enhance consumer security and the integrity of telecom services.

What are the challenges faced byTelecommunications Act 2023?

Challenges may include the administrative allocation of the spectrum, particularly for satellite services, and the mechanisms for decision-making by officials empowered by the act. These areas require careful consideration and adaptation by the legislature.

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The Indian Government's New Powers To Control Telecom Networks In Emergencies

Samridhi

Author

Updated: 28-01-2025 at 6:24 AM

The Indian Government's New Powers To Control Telecom Networks In Emergencies

The government of India will be expanding its authority to control telecommunications services beginning June 26, 2024 (inclusive), by enforcing the Telecommunications Act 2023.

Read about the Telecom Act 2023 in detail in this article.

Telecommunications Act 2023: More Governmental Control

The Centre has only partially notified the Telecommunications Act 2023. As reported in the Gazette, the act’s sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62, will enter into effect on June 26, 2024. This bill allows the government to take over, ban or suspend any telecom service or network in the interest of citizens and national security.

In this bill, provisions have been made in the law keeping the consumers at the centre and keeping their interests in mind.

If a person fraudulently obtains a SIM, then a punishment of 3 years and a fine of up to Rs 50 lakh have been kept for this. Along with this, anyone who damages the telecommunication network in addition to the important telecommunication infrastructure will be liable for compensation for the damage and a fine of up to Rs 50 lakh.

The bill states that any officer authorised by the central government may search any building, vehicle, aircraft, or place where he has reason to believe that any unauthorised equipment is kept or concealed.

Replacing Pre-existing Decrees

After the Telecom Act 2023 comes into full force and effect, all earlier telecom regulations laid down in the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933 and a few others will be repealed. The new telecom regulations consolidate all the decrees into one, reflecting the government’s aim to revamp its telecom laws.

Although the administrative allocation of spectrum, such as services provided via satellite, and the mechanism for decisions to be made by officials empowered by the Act have not yet been determined, this may be part of the challenges the legislature will face in adapting to the new assembly.

Conclusion

The new act looks modern and will do a lot to update the legal framework and meet the current challenges, but those in industry and consumer groups will be watching how it is put into practice.

To read more about the Telecommunication Act 2023, read the official guidelines here.

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