Enforcement of Telecommunications Act, 2023

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Context

• The Union Government, issued a Gazette Notification to enforce specific sections of the Telecommunications Act, 2023.

Aim and Objectives:

• The Telecommunications Act, 2023, enacted with the objective of amending and consolidating laws pertaining to telecommunication services and networks, embodies a multifaceted approach.
• By addressing spectrum assignment, development, expansion, and operation of telecommunication services, the Act aims to keep pace with the rapid technological advancements in the sector.
• Moreover, it seeks to repeal antiquated legislation such as the Indian Telegraph Act, 1885, and the Indian Wireless Telegraph Act, 1933, thus aligning the regulatory framework with contemporary challenges and opportunities in the telecom landscape.

Salient Features of Enforced Sections:

• The sections brought into force with effect from 26.06.2024 encompass a diverse array of provisions aimed at fostering a conducive regulatory environment and stimulating growth in the telecommunications sector:

Definitions:

• Clarity in terminology reduces uncertainties and instills confidence among investors, fostering ease of doing business.

Right of Way (RoW) Framework:

• The delineation of a robust RoW framework, applicable to both public and private properties, ensures efficient deployment of telecommunication infrastructure.
• By broadening the definition of public entities and mandating non-discriminatory RoW grants, the Act aims to mitigate disputes and streamline operations.

Common Ducts:

• In alignment with the PM Gati Shakti vision, the provision for establishing common ducts and cable corridors by the Central Government facilitates infrastructure development and connectivity enhancement.

PM GATI SHAKTI: https://www.iasgyan.in/daily-current-affairs/gati-shakti-portal#:~:text=PM%20Gati%20Shakti%20is%20a,launched%20on%2013%20October%202021.

Telecommunication Standards:

• The Act empowers authorities to set standards and conformity measures, crucial for ensuring national security and promoting indigenous technology development.

National Security and Public Safety:

• Strong provisions for safeguarding national security and public safety underscore the Act's commitment to protecting critical infrastructure and citizen interests.

Inclusive Service Delivery, Innovation, and Technology Development:

• The expansion of the Universal Service Obligation Fund and the establishment of a Regulatory Sandbox exemplify the Act's emphasis on inclusive growth, innovation, and technology development.

Protection of Users:

• Measures to protect users from unsolicited communication and establish grievance redressal mechanisms reflect the Act's focus on consumer empowerment and welfare.

Digital Implementation:

• Mandating digital implementation facilitates online dispute resolution and enhances operational efficiency.

Transitional Measures:

• Enforced sections 61 and 62 ensure a seamless transition by providing continuity to the existing framework until new rules are formulated. This ensures stability and a friendly business environment during the transition phase.

Conclusion:

• The enforcement of specific sections of the Telecommunications Act, 2023, represents a significant milestone in India's journey towards a modern and robust regulatory framework for the telecommunications sector. By fostering innovation, promoting inclusivity, and prioritizing national security, the Act sets the stage for transformative growth and development in this critical sector of the economy.

PRACTICE QUESTION Q. Examine the Telecommunications Act, 2023, highlighting its aims, key provisions, and impact on India's telecom sector, regulatory framework, and technological advancement. Assess its effectiveness in fostering inclusive growth and addressing national security and consumer protection concerns.

SOURCE: PIB