India’s New Telecom Law Enforces Security, User Protection, And Innovation from June 26

The Telecommunications Act 2023 will come into effect on June 26, repealing outdated legislative frameworks like the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933 due to significant technological advancements in the telecom sector. According to the Gazette notification, key provisions of the new law, including sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62, will be enforced from this date.

One of the notable changes introduced by the new telecom law is the government’s ability to take control of telecommunications services or networks during emergencies. The government can exercise this power on grounds of security, public order, or crime prevention. The Gazette notification emphasizes that while telecommunication empowers the masses, it can also be misused, thus necessitating measures for user protection from unsolicited commercial communication and the creation of a grievance redressal mechanism.

The Telecommunications Act 2023 mandates that any telecom player wishing to establish or operate a telecommunication network, provide services, or possess radio equipment must be authorized by the government. This is to ensure national security and to promote India’s technology developers. The Act grants the government powers to set standards and conformity assessment measures for telecommunication services, networks, and security.

The Act also expands the scope of the Universal Service Obligation Fund (USOF) to support universal services in underserved rural, remote, and urban areas. It includes provisions for supporting research and development in telecommunication services, technologies, and products, as well as pilot projects. Furthermore, the Act provides a legal framework for a Regulatory Sandbox, aimed at facilitating innovation and the deployment of new technology.

Overall, the Telecommunications Act 2023 aims to modernize the regulatory framework governing the telecom sector in India, addressing contemporary technological and security challenges while promoting innovation and service expansion.