New Telecom Bill Introduces Measures for National Security, Spectrum Allocation, and OTT Services

• ByStartupStory     |    December 19, 2023

Today, the government introduced a new telecom bill in Lok Sabha aimed at enhancing national security measures, providing for non-auction spectrum allocation for satellite services, and making amendments regarding Over-The-Top (OTT) services.

The Telecommunications Bill, 2023, proposes empowering authorities to temporarily take control of telecom services in cases of public emergency or for public safety. The bill also suggests measures to intercept messages during emergencies to prevent offenses or incitement.

“In case of any public emergency, including disaster management, or in the interest of public safety, the central government or a state government or any officer specially authorised… may take temporary possession of any telecommunication service or telecommunication network from an authorised entity,” the bill stated.

Communications Minister Ashwini Vaishnaw introduced the bill amidst opposition demands for a statement by Home Minister Amit Shah on the Parliament security breach. Opposition member Ritesh Pandey opposed the bill’s introduction, citing concerns over its categorization as a Money Bill and its potential impact on privacy.

According to the bill, accredited correspondents’ press messages shall not be intercepted or detained unless prohibited under rules applicable for public emergencies or public order.

The bill also proposes the administrative allocation of spectrum to satellite communications companies, rejecting the demand for auction-based allocation made by domestic telecom players like Jio and Vodafone Idea.

While defining telecommunication to include wire or wireless transmission, the bill clarifies that internet-based messaging and calling apps like WhatsApp, Telegram, and Google Meet will be covered under IT rules rather than telecom laws.

The bill outlines cases where spectrum will be assigned administratively, stating that auction will be the preferred mode of allocation but allowing administrative allocation for technical, economic, public interest, or government function reasons.

Additionally, the bill proposes a cap of Rs 5 crore on penalties imposed on telecom operators, down from the previous Rs 50 crore per circle, reinforcing measures for telecom infrastructure protection and smooth network rollout.

Other provisions include mandatory biometric data capture for SIM issuance to prevent misuse, penalties for fraudulent acquisition of telecom resources, and a requirement for the Telecom Regulatory Authority of India to share clarifications within 30 days.

If passed, the bill will bring significant changes to India’s telecom sector, impacting both service providers and users.

Follow Startup Story