Topics In Demand
Notification
New

No notification found.

Call for inputs: DOT's consultation paper on a new telecom law
Call for inputs: DOT's consultation paper on a new telecom law

July 26, 2022

320

0

On July 23, the Department of Telecommunications (DOT) released a consultation paper (available here) on the need for a new legal framework governing the telecommunication sector in India. As per the paper, the extant legal framework is outdated and requires consolidation. Any new law must be future-ready, drafted in plain and simple language and in line with global best practices.  

As per the paper, the following laws make up the extant legal framework: (1) the Indian Telegraph Act of 1885 (2) the Indian Wireless Telegraphy Act of 1933 and (3) the Telegraph Wires (Unlawful Possession) Act of 1950.

The paper identifies the following priority areas:

  1. Simplification of the current licensing, registrations, authorisations, and permissions framework. However, the paper emphasises the need to ensure the continuity of existing licenses. Further, the paper discusses the need for a framework for various players in telecom value chains (incl. service providers, infrastructure providers, right of way providers, etc.)
  2. A new framework for spectrum assignment and management based on the principle that “spectrum will be assigned to best serve the common good and enable wide-spread access to telecommunication services”.
    1. The legal framework should (1) enable the use of spectrum in a liberalised and technologically neutral manner and allow assignees to deploy new technologies (2) maintain policy continuity (3) provide the Central Government with the flexibility to use spectrum in the public interest.
    2. The law should also permit the re-farming and harmonisation of frequency ranges, and enable the Central Government to permit the sharing, trading, leasing and surrender of assigned spectrum.
  3. Right of way: the law should lay down a regulatory framework to obtain right-of-way in a uniform and non-discriminatory manner, as well as establish a dispute resolution framework in this regard. It should also incorporate provisions for establishing common ducts and cable corridors in infrastructure projects.
  4. Mergers and acquisitions: a new law should allow for licensees or registered entities to comply with restructuring schemes under the Companies Act of 2013 and put in place a simple process for informing the DOT
  5. Insolvency: a new law should address insolvency-related issues in the telecom sector with a focus on the continuity of services. It should also provide for situations where spectrum is not being put to use due to insolvency.
  6. Expanding the scope of the Universal Service Obligation Fund (USOF): the USOF should be replaced with a wider concept of a “Telecommunication Development Fund” to ensure delivery of universal telecom services, research and development into new technologies, promotion of employment and training activities.
  7. Penalties: a new law should consolidate and update the various existing penalties and offences and ensure proportionality between penalties and offences.
  8. Standards, public safety, and national security: the new law should have provisions for addressing situations of public emergency, public safety and for taking measures in the interests of national security. It should also enable the Central Government to prescribe relevant standards for telecom equipment, services, networks and infrastructure, with the overall aim of ensuring public safety.

The deadline for submitting comments to the DOT is August 25, 2022. We shall be preparing a response to this consultation paper. In this regard, we request you to kindly share your detailed inputs with suitable justifications to us by or before August 20th, 2022 by writing to varun@nasscom.in and apurva@nasscom.in.

Sanjana Mishra, currently a Public Policy Intern at NASSCOM, contributed to this post.


That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.


images
Varun Sen Bahl
Manager - Public Policy

Reach out to me for all things about data regulation, cybersecurity policy, and internet governance.

© Copyright nasscom. All Rights Reserved.