The
Telecom Bill
2023 was introduced in Lok Sabha this week by IT Minister
Ashwini Vaishnaw
. The Bill will allow the government to temporarily take control of telecom services in the interest of national security. This means that the government can stop transmission and intercept messages in case of public emergency, in the interest of the public, to prevent incitement for committing offence etc.
Apart from this, the Bill also kept over-the-top (OTT) services away from the purview of the proposed law.
It also looks to give a go-ahead to the Centre to allocate satellite spectrum to telecom operators.
The bill was hailed by telecom industry players such as
Vodafone Idea
(Vi),
Bharti Airtel
and Internet and Mobile Association of India (IAMAI). Here’s what they said:
Forward-looking Telecommunications Bill: Airtel CEO
“I would like to warmly compliment the Government for introducing a progressive and forward-looking Telecommunications Bill in the Parliament. The bill suggests groundbreaking reforms by streamlining India's licensing landscape. It aims to simplify the current convoluted system, which includes various types of licensing (licence, registration, permission), into a more cohesive and efficient authorisation-based regime.
The seminal spectrum reforms initiated in 2021 eliminated SUC for future spectrum assignments and provided the option of moratorium of past spectrum dues and annual spectrum roadmap. These reforms have now gained further momentum under the proposed Telecommunications Bill 2023. The proposed legislation ensures predictability and availability of spectrum covering aspects such as refarming, harmonisation and trading/leasing/sharing. This will lead to the creation of a robust digital infrastructure and increased penetration of services thereby benefiting every Indian.
The proposed reform on RoW is yet another seminal move that is set to accelerate the rollout of telecom infrastructure including 5G in the country. This move will provide the necessary enforceability of Central RoW rules at the local level. Provisions related to public and private property; common ducts further instil confidence in the industry for faster rollout.
Another pivotal reform involves the restructuring of penalties, as the government simplifies the penalty framework regime under the proposed Bill. This will be achieved through a tiered system of graded penalties proportionate to the breach. The introduction of a voluntary undertaking and an appeal process within the Government aims to mitigate litigations thereby promoting more efficient resolution of disputes.
The Government has rightfully retained oversight of telecom networks from a sovereign security perspective, a requirement integral to India’s Telecom licences over the last two decades.”
– Gopal Vittal, MD & CEO, Bharti Airtel
A watershed moment in telecom reform: Vi CEO
The Telecommunications Bill, 2023, tabled in the parliament, represents a watershed moment in the telecom reform process and reaffirms the commitment of the Government to provide Indian telecom with a future-fit framework that helps achieve the growth aspirations of new India.
The Bill carries several forward-looking provisions that will help deliver the benefits of digital connectivity to all our citizens. We warmly welcome the rationalisation of penalties and the legal enforceability of right of way provisions, a long-standing request of the industry.
Security of telecom networks is paramount, and the Bill recognizes telecom as critical infrastructure and prescribes punitive consequences for those who damage it.
By highlighting the duties of users, the Bill puts equal responsibility on consumers to meet the requirements of national security.
– Akshaya Moondra, CEO, Vodafone Idea Limited
IAMAI welcomes the progressive Telecom Bill
The Internet and Mobile Association of India (IAMAI), the representative body of nearly 600 internet firms, and start-ups has welcomed the Telecom Bill.
IAMAI hails the Bill as progressive especially since internet companies have been decisively kept out of the ambit of the final version of the Bill. IAMAI had recommended that the ambit of the Bill be limited to the network layer, thereby excluding the application layer. The time-tested distinction between telecom spectrum controlling entities (which are regulated) and spectrum using companies should be maintained as it has been the basis that has allowed innovation and deeper penetration of the internet in India. Further, IAMAI had recommended that ‘broadcasting services’ should be explicitly exempted from the purview of the Draft Bill and from the definition of ‘telecommunication services’, particularly in respect of content.
The Bill introduced in the Lok Sabha now excludes email, internet-based communication services, broadcasting services, machine to machine communication services and over-the-top (OTT) communication services, as suggested by IAMAI.
The Bill also provisions for administrative assignment of spectrum for Global Mobile Personal Communication by Satellites (GMPCS) as suggested by the association. IAMAI had recommended that the Bill should include all satellite communication and usage (including the GMPCS service) within the list of purposes for which spectrum can be assigned through administrative processes.
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