A
Apoorva Devanshi
Guest
Recently, the government passed the Telecommunication Bill 2023 in the Lok Sabha and Rajya Sabha. It repealed the colonial era laws – the Indian Wireless Telegraphy Act, 1933, the Indian Telegraph Act, 1885 and the Telegraph Wires Act, 1950. It also amended the Telecom Regulatory Authority of India (TRAI) Act, 1997.
India is the 2nd largest telecom market in the world with 84.69% tele-density. The central government provides following measures to protect the consumers-
Prior authorisation from the central government will be required when –
Overall the bill has got its own pros and cons. While on one hand mainstream media is calling it a authoritative move. Some believe it would be used to curb freedom of speech and expression etc. While others, claim that such surveillance would impede the privacy of all users. Yes it has its own drawbacks like drafting issues and lack of clarity in certain areas.
However, it would at the same time be churlish to not acknowledge its benefits. In the wake of increasing fake news and misinformation warfare. This bill is bringing in accountability in media and is enforcing a regulatory framework. Its biggest benefit is that it is not only protects the consumers from fraudulent activities but can also keep a check on terrorist activities. Any terrorist activity can be checked at the beginning itself by interception of messages as per guidelines. Then the streamlining in spectrum allocation and the reforms in Right of Ways regime are worth appreciating. Such provisions of the bill will let both big and small telecom companies to appropriately participate in providing the nation with telecommunication services.
The post Inside The Telecommunication Bill 2023! appeared first on The Jaipur Dialogues.
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Highlights of the bill-
Consumer Centric-
India is the 2nd largest telecom market in the world with 84.69% tele-density. The central government provides following measures to protect the consumers-
- Spoofing of telephone number using software or malware carries penalty of Rs 50 Lakh or 3 years in jail.
- Companies that offer telecom services have to set up an online grievance registration and redressal system. This will provide speedy resolution.
- Criminals own Custom-built SIM boxes, Primary Rate Interface (PRI) devices, and Session Initiation Protocol (SIP) trunk call devices. They use them to make illegal international phone calls and for terrorist activities. The new bill imposes fine of up to Rs 10 Lakh for using/possessing an unauthorised cellular network/service or equipment.
- The new bill requires businesses to obtain subscribers prior consent before sending them messages, like advertisements etc. They should also create “Do Not Disturb” registers and develop a system that lets users report malicious software or specific messages.
- The new bill imposes strict penalties as an effort to stop phishing and other scams. A person will face fines of up to Rs 50,000 for the first offense and up to Rs 2 Lakh for each subsequent offense if they possess more than 9 SIMs (per Aadhaar card).
- Telecom service providers must use verifiable biometric-based identification(Aadhar card) to confirm the identity of their subscribers. This will prevent criminals from using fictitious IDs to obtain SIM cards.
Authorisation-
Prior authorisation from the central government will be required when –
- One wants to provide telecommunication services
- Establish, operate, maintain, or expand telecommunications networks or possess radio equipment.
- The validity of current licenses is for the period of their grant, or five years if no time limit is specified.
- Spectrum for telecom companies will only be allocated by the central government through auction.
- Any frequency range may be reallocated or repurposed by the Central Government. Additionally, the central government may permit spectrum sharing, trading, leasing, and surrender.
Penalties–
- Anyone caught using someone else’s official identification to obtain a SIM card will face up to 3 years in prison, a fine of up to Rs 50 lakh, or both. This includes Spoofing and cloning of SIM card.
- The use of unapproved networks or services or the possession of an unauthorised equipment carries a fine of up to Rs 10 lakh rupees.
- Unauthorised access to a telecom network or data without authorisation, carries penalty of up to Rs 2 crore in fine, 3 years in jail or both.
- A violation of the authorised terms and conditions may result in a civil penalty of up to Rs 5 crore.
Infrastructure-
- There has been reforms in the Right of Way regime. Under the new system, a district magistrate has the authority to severely punish anyone who damages any kind of telecommunications infrastructure.
- To improve ease of doing business single window clearance system has been provided for ROW applications.
- The Digital Bharat Nidhi fund will promote the manufacturing and production of telecom equipment.
Power of Interception-
- The government can now intercept messages and a class of messages sent between two or more people if it thinks it is necessary for public order, national security, or the prevention of crimes being incited.
- Then in the event of a public emergency, the government may temporarily seize control of any telecom infrastructure or service. However, unlawful interception will result in penalties.
Regulation of OTT-
- The new bill no longer includes over-the-top (OTT) services in the definition of telecommunication services. However, the Ministry of Electronics and Information Technology will regulate them under the Information and Technology Act 2000.
Enhanced Security-
- The Indian government has put a new provision in place in the wake of the 2020 India-China border dispute, requiring telecom companies to obtain equipment from ‘trusted sources’ for the sake of national security. These trusted sources are those that have been duly identified by the government. The provision aims to prohibit the import of telecom equipment from potentially hostile nations.
- The bill amended the TRAI Act to make it more inclusive. Now to be appointed as TRAI’s chairman, one must have at least 30 years of experience, and must have at least 25 years of professional experience to serve as a member.
Overall the bill has got its own pros and cons. While on one hand mainstream media is calling it a authoritative move. Some believe it would be used to curb freedom of speech and expression etc. While others, claim that such surveillance would impede the privacy of all users. Yes it has its own drawbacks like drafting issues and lack of clarity in certain areas.
However, it would at the same time be churlish to not acknowledge its benefits. In the wake of increasing fake news and misinformation warfare. This bill is bringing in accountability in media and is enforcing a regulatory framework. Its biggest benefit is that it is not only protects the consumers from fraudulent activities but can also keep a check on terrorist activities. Any terrorist activity can be checked at the beginning itself by interception of messages as per guidelines. Then the streamlining in spectrum allocation and the reforms in Right of Ways regime are worth appreciating. Such provisions of the bill will let both big and small telecom companies to appropriately participate in providing the nation with telecommunication services.
The post Inside The Telecommunication Bill 2023! appeared first on The Jaipur Dialogues.
Continue reading...