The Telecommunications Act, 2023 revises and consolidates the legal framework governing the development, expansion, and operation of telecommunication services and networks in India, including the assignment of spectrum and related issues.
Key Provisions:
1. Title, Extent, and Commencement:
- Officially named the Telecommunications Act, 2023, it applies across India and addresses offences committed outside the country as well
- The Act will become effective on a date specified by the Central Government.
2. Definitions:
- The Act includes definitions for crucial terms such as "appointed day," "assignment," "authorisation," "critical telecommunication infrastructure," "National Frequency Allocation Plan," and "spectrum."
3. Authorisation and Assignment:
- Entities intending to provide telecommunication services, establish or expand networks, or possess radio equipment must secure authorization from the Central Government.
- The Central Government can exempt certain activities from requiring authorization if it serves the public interest.
- Existing licenses under the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933, will remain valid unless otherwise notified.
4. Spectrum Assignment:
- The Central Government holds ownership of the spectrum and will manage its assignment according to the Act, including the possibility of issuing a National Frequency Allocation Plan.
- Spectrum is usually assigned through auctions, though administrative processes may be used in specific cases.
- The Act allows for the re-farming and harmonization of spectrum use to improve efficiency, as well as flexible, liberalized, and technologically neutral spectrum usage.
5. Monitoring and Enforcement:
- Mechanisms for monitoring and enforcing spectrum usage are mandated to prevent interference and ensure compliance with terms.
- The Act also includes provisions for sharing, trading, leasing, and surrendering spectrum.
6. Right of Way for Telecommunication Networks:
- The Act sets out procedures for obtaining permissions to establish telecommunication infrastructure on public and private properties.
- Public entities must grant these permissions promptly, with minimal disruption to existing property and operations.
- Facility providers are responsible for restoring any damaged property or providing compensation.
Conclusion:
The Telecommunications Act, 2023, offers a comprehensive legal framework for managing India's telecommunication sector, focusing on efficient spectrum use, streamlined authorization processes, and clear guidelines for infrastructure development. It updates and replaces older laws to meet contemporary telecommunication needs and challenges.
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