India Telecommunications Bill, 2023

Summary

The Indian government introduced the bill in the lower house of parliament (Lok Sabha). The bill seeks to replace the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950). The Telecommunications Bill was first released and put up for consultation in 2022. However, the Department of Telecommunications (DoT) did not release the stakeholder comments it received on the bill, making it unclear how many of those comments have found their way into the bill.

The bill introduces a slate of structural changes to current regulatory mechanisms in the telecom sector, ranging from simplifying the licensing regime, clarity on spectrum assignment, and a stringent user verification requirement, among other things. While auctions will continue to be the preferred norm of assigning spectrum to entities such as mobile carriers, outside of satellite communications, administrative allocation will be done for sectors like metro rails, community radio, defense, railways, and police, among others.

The bill raises privacy concerns, especially since network operators are mandated to carry out biometric authentication of their users ostensibly to curb fraud. It also empowers the central and state governments or a specially authorized officer to seek interception, disclosure, and suspension powers in case of a public emergency. The bill is vague as to what constitutes a national security threat or a public emergency, raising fears of potential privacy violations.

Updates

December 24, 2023. The bill receives Presidential assent and is signed into law.