The Central government has announced that certain provisions of the Telecommunications Act, 2023 will come into effect from June 26, 2024.
This notification was published in the Gazette of India by the Union Ministry of Communications on June 21.
“In exercise of the powers conferred by sub-section (3) of section 1 of the Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 26th day of June 2024 as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 of the said Act shall come into force.”
President Droupadi Murmu gave her assent to the Telecommunications Act, 2023 on December 24 last year, after it was passed by both houses of Parliament.
The 2023 Act aims to amend and consolidate the laws related to the development, expansion, and operation of telecommunication services and networks, assignment of spectrum, and related matters.
It replaces the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.
One provision mandates entities to conduct biometric authentication of their users to combat fraud. However, this measure has raised concerns about user privacy.
The Act retains provisions from the Telegraph Act related to the interception or surveillance of telecommunications. It grants the Union government the authority to assume control of a telecom network during a public emergency or for safety concerns.
The Act allows for the interception, monitoring, or blocking of messages on specific grounds, including: (i) the security of the state, (ii) friendly relations with other countries, (iii) public order, or (iv) prevention of incitement of offenses.
Telecommunication services under the Act may include internet-based services.
The Act aims to overhaul the existing licensing regime for telecom networks, transitioning to an authorization framework. Currently, the telecom department issues over 100 types of licenses, registrations, and permissions. The Act seeks to streamline this process by consolidating many of these into a single authorization mechanism.
Additionally, the Act empowers the government to reclaim unused spectrum and introduces provisions for the sharing, trading, and leasing of spectrum. Entities can now surrender unused spectrum, although they will not receive compensation from the government for doing so.
