In one of the significant moves, the government can now take control of all telecom networks in times of emergency under the new Telecommunications Act 2023, which will come into effect on June 26. Though the Centre has partially notified the Telecommunication Act on Friday, the provisions including sections 1, 2, 10, and 30 will be in place.While the new telecommunication law aims to replace the 138-year-old Indian Telegraph Act of 1885, it contains several other provisions of archaic Colonial law. The law was passed by both houses of Parliament and received presidential assent in December 2023. This law represents a significant change in how telecommunications are regulated in India.The Act will not only focus on user protection but will also reform on right of way and optimal spectrum utilisation. Furthermore, in the interest of national security and safety, it will also permit the government to temporarily take control of telecom services. This means that the Center may assume management of any or all of its telecommunication services, as well as any part of its telecommunication network, and suspend the exercise of any of its management authority.The law will also make it compulsory for telecom operators to use biometric identification (Aadhaar) for new SIMs or connections.Key Points to note in Telecommunications Act, 20231. Replaces older lawsThe Act replaces the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. These older laws were seen as outdated for the modern telecommunications landscape.2. Focus on authorizationThe new law requires government authorization for various telecom activities, including providing services, establishing networks, and possessing radio equipment.3. Spectrum allocationSpectrum will be allocated through auctions, with some exceptions for specific entities and purposes. It will allow the Central government to permit the sharing, trading, leasing and surrender of assigned spectrum, subject to the terms and conditions.4. Government powersThe Act grants the government certain powers, such as taking temporary control of telecom services or networks during emergencies or for public safety reasons. This has raised some concerns about the potential for misuse.5. USOF will become Digital Bharat NidhiApart from the major changes, the Universal Service Obligation Fund (USOF) will become Digital Bharat Nidhi and will be used to fund research and development. It will also help the pilot projects instead of just supporting the establishment of telecom services in rural areas.It is important to note that this act will come into effect after Centre has notified for the Anti-Paper Leak Law on June 21.
