Telecommunications Bill becomes law after receiving President's assent, to tighten noose around pesky calls

The Telecommunications Bill, 2023, received President Draupadi Murmu's assent to become a law on Sunday, December 24, after it was passed by the Parliament to replace the antiquated legislation and reform the regulatory structure. The law intends to update the country's century-old telecom law to make the sector more investor-friendly, prioritises user protection, but also gives the government authority to intercept communications.

The Bill, which was adopted by the Lok Sabha on Wednesday, was approved by the Rajya Sabha on Thursday, December 21, by voice vote. 

It replaces the existing and antiquated regulatory framework for the telecommunications sector, which was based on the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.

While the measures exclude broadcasting and over-the-top services such as WhatsApp and Telegram from its scope, it establishes standards for spectrum allocation and establishes a non-auction mechanism for allocating airwaves for satellite-based communication services.

The structural improvements are also expected to simplify the telecom sector's previously complex licencing system and usher in a simple authorisation method.
There are currently approximately 100 different types of licences.

In response to the bill's discussion in Rajya Sabha, Telecom Minister Ashwini Vaishnaw stated that colonial-era legislations were being removed, clearing the way for new laws that matched the objectives of new India, making it a "historic" and milestone day.

The minister drew attention to key provisions in the Bill that aim to protect telecom users, saying impersonation and fraudulent SIM acquisition using someone else's identity proof for telecom services will be punishable by imprisonment for up to three years and a fine of up to Rs 50 lakh.

The law also includes comparable harsh provisions for phone number spoofing to combat fraud, as well as a "digital-by-design" online grievance redressal mechanism to address consumer complaints. It also aims to tighten the noose around pesky calls through a variety of measures, including monitoring SIM card misuse.

The law was debated in both Houses without the participation of the majority of the opposition members, who had been suspended for rowdy behaviour.

These include police, fire, shipping, and maritime, as well as areas where auction is not viable due to technical constraints, such as satellite communication and backhaul. Spectrum will be assigned administratively and transparently in certain circumstances, he stressed.

When issuing a new connection, telecom carriers are required to collect verifiable biometric data.

However, the law disregards telecom players' long-standing demand to bring internet-based telephony and Over The Top (OTT) applications such as WhatsApp, Google Meet, and Signal under telecom rules in order to comply with "same service, same rules."

The bill attempts to address concerns of telecom service continuity, which may be useful in circumstances where a telecom operator is unable to supply services due to legal, commercial, or technical reasons.

(With Agency Inputs)