The Telecommunications Act, 2023: A New Era of Connectivity and Regulatory Framework
GG News Bureau
New Delhi, 23rd June. The Union Government has taken a historic step towards modernizing India’s telecommunications sector with the enforcement of key sections of the Telecommunications Act, 2023. This legislative overhaul marks a significant departure from century-old colonial laws, including the Indian Telegraph Act, 1885 and the Indian Wireless Telegraph Act, 1933, aligning regulations with contemporary technological advancements.
Guided by the principles of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness), the Telecommunications Act, 2023 aims to propel India towards becoming a Viksit Bharat (Developed India).
Key Highlights of the Telecommunications Act, 2023:
Definitions and Clarity: The Act provides clear definitions of terms crucial to its implementation, enhancing investor confidence and promoting ease of doing business in the telecommunications sector.
Right of Way (RoW) Framework: It establishes a comprehensive RoW framework for telecommunication infrastructure, encompassing both public and private properties. Public entities, including government agencies and PPP projects, are mandated to grant RoW except in specific circumstances. The Act ensures non-discriminatory access and clarity on infrastructure ownership, mitigating disputes during property transactions.
Common Ducts and Cable Corridors: In line with the PM Gati Shakti initiative, the Act empowers the Central Government to establish common ducts and cable corridors, facilitating efficient deployment and management of telecommunications infrastructure.
Telecommunication Standards: To safeguard national security and promote indigenous technology development, the Act grants authority to set standards and conformity assessment measures for telecommunication services and networks.
National Security and Public Safety: Strong provisions are incorporated to safeguard national security and ensure public safety in telecommunications operations.
Inclusive Service Delivery and Innovation: The Act expands the Universal Service Obligation Fund to support universal services in underserved areas, fosters research and development, and introduces a Regulatory Sandbox for innovation in telecommunication technologies.
User Protection: Measures are instituted to protect users from unsolicited communications and establish a robust grievance redressal mechanism.
Digital Implementation: Emphasizing digital governance, the Act mandates online dispute resolution mechanisms and other digital frameworks for streamlined operations.
Transition and Continuity: Sections 61 and 62 of the Act provide continuity to the existing regulatory framework until new rules are formulated, ensuring a smooth transition period conducive to business continuity.
The Gazette Notification issued on June 21, 2024, signals a pivotal moment in India’s telecommunications landscape, setting the stage for enhanced connectivity, innovation, and regulatory efficiency in the digital age.
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