29 Dec 2023
The Telecommunications Act, 2023 (Telecom Act), once brought into force, will replace the Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933 governing telecommunications in India. The Telecom Act signifies a positive step in setting out a consolidated regulatory regime aligned with the global approach in respect of telecommunication services, infrastructure, equipment, and spectrum assignment.
On 24 December 2023, the Telecommunications Act, 2023 (Telecom Act), as passed by the Parliament, received Presidential assent. Once it is brought into force, the Telecom Act will overhaul the dated telegraph-centric laws governing telecommunications in India, i.e., the Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933.
In a marked shift from the licensing regime under the current framework, the Telecom Act omits providing for ‘exclusive privilege’ of the central government in introducing an authorisation model for:
The Telecom Act has introduced several other provisions including:
In line with the National Digital Communications Policy, 2018, the Telecom Act aims to embrace digitisation and place India at the forefront of global technological advancements through substantial reform of the telecommunications sector. Alongside the larger reform initiatives by the Indian government towards digitisation, the reforms introduced by the Telecom Act are expected to improve the ease of doing business in this sector and are a significant step towards utilising the full potential of the country’s telecommunication capabilities.
That said, there is likely to be uncertainty regarding the manner in which operations of both existing and new players will be covered by the Telecom Act, and the full impact of these reforms can only be assessed once delegated legislation is notified.
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