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What is the draft telecommunication Bill?
The Department of Telecommunication (DoT) released the draft of the Indian Telecommunication Bill 2022 on September 22, 2022. The Bill seeks to replace three laws: the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
Key features of draft Telecom Bill, 2022
• The draft Telecom Bill, 2022 provides an enabling framework for the Central Government to prescribe measures to ensure the protection of telecom users. Therefore, provisions related to unknown caller identity have been included in the Bill. Users also need protection from calls that they want to avoid. The Bill enables a legal framework for preventing harassment of users from unsolicited calls and messages.
• The Bill recognises the globally established principle of exclusive privilege of the Central Government in relation to telecommunication services, telecommunication network, telecommunication infrastructure and spectrum.
• The draft Telecom Bill proposes to give exemption to press messages that are intended to be published in India of correspondents accredited to the Central or state governments from being intercepted.
• The Bill has laid down statutory guidelines on assigning spectrum. It says that spectrum should primarily be given through auction. For specific functions related to government and public interest, like defence, transportation, and research, the bill proposes assignment through the administrative process.
• In another significant clause, the draft bill proposes to waive off fees and penalties of telecom and internet service providers. However, in case of the breach of terms and conditions of a license, registration, authorisation or assignment granted, the Centre should be able to impose penalties.
• According to the draft Telecom Bill, the exemption for press messages though won't be given in case of any public emergency or in the interest of public safety, sovereignty, integrity or security of India, friendly relations with foreign states, public order, or to prevent incitement to an offence.
• The Bill also proposes a refund of fees if an internet or telecom service provider offers to surrender the license. The last date for seeking comments on the draft legislation is October 20.
• The draft bill says that the Centre may "waive off in part or full any fee, including entry fees, license fees, registration fees or any other fees or charges, interest, additional charges or penalty" for any licence holder or registered entity under the telecom rules.
• The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution.
The Bill provides for a uniform and non-discriminatory regulatory framework governing:
(a) establishment of telecommunication infrastructure on public property; and
(b) enabling provisions in respect of the private property.
The draft Telecom Bill seeks to simplify the framework for mergers, demergers and acquisitions, or other forms of restructuring, by only requiring intimation to the licensing authority.
Under the Bill, the Universal Service Obligation Fund (USOF) is sought to be expanded into the 'Telecommunication Development Fund' (TDF), by adding further objectives for underserved urban areas, R&D, skill development, etc.
Key features of draft Telecom Bill, 2022
• The draft Telecom Bill, 2022 provides an enabling framework for the Central Government to prescribe measures to ensure the protection of telecom users. Therefore, provisions related to unknown caller identity have been included in the Bill. Users also need protection from calls that they want to avoid. The Bill enables a legal framework for preventing harassment of users from unsolicited calls and messages.
• The Bill recognises the globally established principle of exclusive privilege of the Central Government in relation to telecommunication services, telecommunication network, telecommunication infrastructure and spectrum.
• The draft Telecom Bill proposes to give exemption to press messages that are intended to be published in India of correspondents accredited to the Central or state governments from being intercepted.
• The Bill has laid down statutory guidelines on assigning spectrum. It says that spectrum should primarily be given through auction. For specific functions related to government and public interest, like defence, transportation, and research, the bill proposes assignment through the administrative process.
• In another significant clause, the draft bill proposes to waive off fees and penalties of telecom and internet service providers. However, in case of the breach of terms and conditions of a license, registration, authorisation or assignment granted, the Centre should be able to impose penalties.
• According to the draft Telecom Bill, the exemption for press messages though won't be given in case of any public emergency or in the interest of public safety, sovereignty, integrity or security of India, friendly relations with foreign states, public order, or to prevent incitement to an offence.
• The Bill also proposes a refund of fees if an internet or telecom service provider offers to surrender the license. The last date for seeking comments on the draft legislation is October 20.
• The draft bill says that the Centre may "waive off in part or full any fee, including entry fees, license fees, registration fees or any other fees or charges, interest, additional charges or penalty" for any licence holder or registered entity under the telecom rules.
• The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution.
The Bill provides for a uniform and non-discriminatory regulatory framework governing:
(a) establishment of telecommunication infrastructure on public property; and
(b) enabling provisions in respect of the private property.
The draft Telecom Bill seeks to simplify the framework for mergers, demergers and acquisitions, or other forms of restructuring, by only requiring intimation to the licensing authority.
Under the Bill, the Universal Service Obligation Fund (USOF) is sought to be expanded into the 'Telecommunication Development Fund' (TDF), by adding further objectives for underserved urban areas, R&D, skill development, etc.