GUWAHATI: Rajya Sabha has passed the Telecommunications Bill, 2023 through a voice vote on December 21.
The bill which was already passed by Lok Sabha on December 20, marks a significant departure from the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.
The purpose of the bill is to amend and consolidate laws governing the development, expansion, and operation of telecommunication services and networks, as well as the assignment of spectrum and related matters.
According to a Lok Sabha bulletin released on Sunday, the President of India recommended the introduction of the Bill under Article 117(1) of the Constitution and also proposed its consideration under Article 117(3) as a Finance Bill. Union Minister Ashwini Vaishnaw introduced the Bill on December 18, and minutes after seeking permission, the votes were cast for its introduction.
The Telecommunications Bill, once enacted, is set to revamp the existing licensing framework for telecom networks, transitioning from the current system to an authorisation-based structure. Presently, the telecom department issues over 100 types of licenses, registrations, and permissions, a complexity the Bill aims to simplify by consolidating many of these into a single authorisation mechanism.
Among its key provisions, the Bill grants the government the authority to reclaim unused spectrum and introduces measures for sharing, trading, and leasing of spectrum. Entities now have the option to surrender unused spectrum, though compensation from the government will not be provided. A notable inclusion is the requirement for entities to conduct biometric authentication of their users as a measure to combat fraud. However, concerns have been raised regarding potential infringements on user privacy.
Additionally, the Bill retains certain provisions from the Telegraph Act related to the interception or surveillance of telecommunications. It confers upon the Union government the authority to assume control of a telecom network in the event of a public emergency or safety concerns.
The passage of the Telecommunications Bill, 2023 signals a major step towards a streamlined regulatory framework, addressing contemporary challenges and setting the stage for a transformed telecommunications landscape in India.