The Department of Telecommunications (DoT), under the Ministry of Communications, has notified that sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 of the Telecommunications Act 2023 (Telecom Act) shall come into force from June 26, 2024.
The provisions that will be effective from June 26, 2024 include the right of way for authorized entities to establish telecom networks and infrastructure, provisions related to Digital Bharat Nidhi, and the application of the Telecom Act to offenses or contraventions committed outside India. This also includes offenses related to unauthorized access to telecommunication networks, unlawful interception of messages, and damage to telecommunication networks and critical infrastructure.
Additionally, sections authorizing the central government to issue orders and frame rules will also be applicable from June 26, 2024. These provisions include the power of the central government to suspend internet and telecom services, intercept and detain messages, prescribe measures for protection of users from unsolicited commercial communication, notify standards for telecom equipment, telecommunication services, and networks, and create a “regulatory sandbox” to encourage and facilitate innovation and technological development in telecommunications.
Last year, the government notified the Telecom Act in the official gazette following its approval by both houses of Parliament. The Act seeks to consolidate existing regulations and repeal certain colonial-era laws, namely the Indian Telegraph Act 1885 and the Indian Wireless Telegraphy Act 1933. Importantly, it simplifies regulatory norms and the licensing regime by consolidating several licenses, registrations, and permissions within the telecom sector into an authorization process for three categories: telecommunication services, telecommunication networks, and radio equipment. Additionally, it provides for the allocation of spectrum through both auction and administrative processes.
Furthermore, the Act renames the current Universal Service Obligation Fund to “Digital Bharat Nidhi” and expands its scope and objectives. To address grievances and disputes, it establishes a grievance redressal mechanism and a three-tier dispute resolution framework, along with specific criminal and civil penalties for offenses and contraventions under the Act.
Certain sections that will be applicable from June 26 are dependent on rules and regulations for their operation. We anticipate that the government will issue these rules shortly. Until then, the existing rules and regulations will continue to operate in the absence of new rules as provided under the Telecom Act.