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Call for Inputs: The Indian Telecommunication Bill 2022
Call for Inputs: The Indian Telecommunication Bill 2022

September 22, 2022

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On September 21st, 2022, the Department of Telecommunications released a new draft Indian Telecommunication Bill, 2022 (Telecom Bill). The Telecom Bill is accompanied with an explanatory memorandum (available at the same link).

This follows up from the consultation paper released earlier in July, 2022 (which we summarized here and submitted comments upon as available here). The DOT has asked for comments on the bill to be submitted by October 20, 2022. A brief overview of the bill is below.

The chapters in the Telecom Bill

The Telecom Bill has the following chapters:

  • Chapter 1 is the short title, extent, and commencement
  • Chapter 2 contains the definitions
  • Chapter 3 discusses the regime for licensing, registration, authorisation & assignment
  • Chapter 4 discusses right of way for telecom infrastructure
  • Chapter 5 discusses restructuring, defaults in payment and insolvency
  • Chapter 6 discusses standards, public safety and national security
  • Chapter 7 establishes a new Telecommunication Development Fund
  • Chapter 8 establishes a new Regulatory Sandbox
  • Chapter 9 discusses protection of users
  • Chapter 10 is a miscellaneous chapter
  • Chapter 11 is dedicated to offences, and is accompanied with two schedules
  • Chapter 12 discusses repeal and savings

For now, we highlight two key aspects: (1) the scope of the Bill and (2) what will it replace.

  1. What is the scope of the Telecom Bill?

As per the Preamble, the Bill will apply to the provision, development, expansion and operation of telecommunication services, networks, and infrastructure and assignment of spectrum.  

The starting point of the Bill is in clause 3, which states that the Central Government shall have the exclusive privilege within India to (a) provide telecommunication services, (b) establish, operate, maintain, and expand telecommunication network and telecommunication infrastructure; and (c) use, allocate and assign spectrum. Clause 3 then notes that the Central Government may exercise its privilege by granting to any entity:

  • License for providing telecom services
  • License for establishing, operating, maintaining, and expanding telecom networks;
  • Registration for providing telecom infrastructure;
  • Authorisation for the possession of wireless equipment; or
  • Assignment of spectrum.

The scope of this clause is determined by the several new definitions included in the Bill, such as for: telecommunication, spectrum, telecom equipment, telecom services, broadcasting services, telecom infrastructure, and telecom network.

  1. What will the Telecom Bill replace vis-à-vis existing law?

The Telecom Bill will replace the Indian Telegraph Act, 1885 (Telegraph Act) or under the Indian Wireless Telegraphy Act, 1933 (Wireless Act), or under the Telegraph Wires (Unlawful Possession) Act, 1950 (Wires Act) – though existing rules, guidelines and administrative orders under these old acts will continue till repealed (see chapter 12). The Bill will also amend the Telecom Regulatory Authority of India Act.

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We ask members to write to us with their inputs by October 14th, 2022 by writing to sudipto@nasscom.in and varun@nasscom.in

 


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Varun Sen Bahl
Manager - Public Policy

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

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