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Monday, July 15, 2024

Government announces new provisions of Telecom Act 2023

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In Short:

The government of India has implemented new sections of the Telecommunications Act, focusing on efficient spectrum usage through sharing, trading, and appointment rules for the regulator. The Act aims to utilize spectrum effectively through secondary assignment, sharing, and leasing. It also establishes an enforcement mechanism and prohibits blocking telecommunications equipment without permission. The Act replaces outdated legislation to adapt to advancements in the telecom sector and technology.


Government Notifies Sections of Telecommunications Act for Spectrum Utilisation

The government has notified another set of sections of the Telecommunications Act which relates to optimal utilisation of spectrum, including sharing and trading as well as rules concerning appointment of chairman and members of the telecom regulator.

Key Highlights:

  • The government has notified section 6-8, 48 and 59(b) of the Telecommunications Act, with effect from today.
  • The Act came into effect from June 26 along with other sections. Remaining provisions and sections of the Act have to be notified within 180 days.
  • The focus of the Central Government is on increasing efficiency in spectrum utilization through various modes such as secondary assignment, sharing/trading, etc.
  • The Act provides a legal framework for efficient utilization of scarce spectrum through processes like secondary assignment, sharing, trading, leasing, and surrender of spectrum.
  • It empowers the Central Government to establish an enforcement and monitoring mechanism for the purpose.
  • The Act prohibits the use of equipment that blocks telecommunications without permission from the Central Government.
  • Section 59(b) of the Act will amend section 4 of the Trai Act 1997 and prescribes criteria for the appointment of Chairperson and members of the Telecom Regulatory Authority of India (Trai).
  • The Telecommunication Act 2023 seeks to repeal existing legislative frameworks like Indian Telegraph Act 1885 and Indian Wireless Telegraph Act 1933 due to technological advancements in the telecom sector.

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