The Telecommunications Bill 2023 was introduced in the Lok Sabha on December 18, 2023, aiming to replace the outdated Indian Telegraph Act of 1885 and the Indian Wireless Act.
The bill seeks to regulate activities related to telecommunication and has several key features:
Auctioning and Allotment: The bill provides for the auctioning and allotment of spectrum for telecommunication services.
Biometric Authentication: Telecom service providers must verify the identity of their users through any verifiable biometric-based identification.
Authorization for Telecom-related Activities: Prior authorization from the central government is required for various telecom-related activities.
Appointments to TRAI: The bill amends the Telecom Regulatory Authority of India (TRAI) Act to allow individuals with at least 30 years of professional experience to serve as the chairperson and at least 25 years of professional experience to serve as members.
Digital Bharat Nidhi: The Universal Service Obligation Fund has been established to provide for telecom services and the expansion of telecommunications networks.
Strengthened Government Powers: The bill empowers the government to suspend telecommunications, providing control over messages from any telecom device in the interest of national security and emergency measures.
Reduced Maximum Penalty for Telecom Companies: The bill reduces the maximum penalty for telecom companies by offering some relief to the industry.
Provisions for DTH Companies: The new bill does away with provisions related to insolvency and waiving interest and penalties for Direct-to-Home (DTH) companies and allocates spectrum to them without relying on auctions.
While the bill has several key features, such as auctioning and allotment of spectrum, biometric authentication, and strengthened government powers, there are concerns about its potential defects. One of the main concerns is the ambiguity around fundamental concepts of scope, which could lead to confusion about the application of the bill to internet services.
Additionally, the bill's expansion of surveillance and suspension powers from traditional broadcasting services to online communication services has raised concerns about user privacy and rights.
Finally, the reduction of the maximum penalty for telecom companies has been criticized for offering relief to the industry at the expense of consumer protection.
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