President Assent The Telecommunications Law

The Telecommunications Bill received the President’s assent, officially becoming law, on December 24.

This legislation empowers the government to temporarily assume control of telecommunications services in the interest of national security.

Additionally, it establishes a non-auction route for the allocation of satellite spectrum.

In specific circumstances, such as public emergencies or concerns for public safety, the government is authorized to take possession of a telecom network.

The law further allows the halting of transmission and interception of messages during public emergencies to prevent incitement for committing offenses in the interest of the public.

A statement from the Ministry of Law and Justice clarifies, “The Telecommunications Act shall come into force on such date as the central government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.”

This new law replaces the longstanding Indian Telegraph Act, which has governed the telecom sector for 138 years, providing a comprehensive framework.

The 2023 draft Telecommunications Bill aimed to include over-the-top (OTT) or internet-based calling and messaging apps under the definition of telecommunications to enhance user safety.

The bill also sought to address concerns regarding the powers of the Telecom Regulatory Authority of India (Trai), which had been raised by industry players.

Government officials note that issues related to over-the-top players and Trai were resolved before the Cabinet’s approval.

The draft had suggested easing some rules, such as the refund of fees for licenses and registrations, in cases where a company voluntarily surrenders its permit.