Telecommunications Act, 2023

Background and evolution

For more than a century, India's telecom sector was governed by the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933 and the Telegraph Wires (Unlawful Possession) Act of 1950. These laws were written for telegraph lines, not mobile networks, satellite internet or internet-based services. Licensing was done through contracts under the 1885 Act, and the Telecom Regulatory Authority of India (TRAI), set up in 1997, advised on policy and tariffs.

After the 2G spectrum case of 2012, in which the Supreme Court cancelled 122 licences and held that natural resources like spectrum should normally be allocated through auctions, governments relied on auctions. However, satellite and some other uses needed different methods. A draft Telecommunications Bill was released for consultation in 2022, and the final Bill was passed in December 2023 and received assent soon after. Its provisions have been notified in phases.

Key features and provisions

• Authorisation: anyone providing telecom services or establishing networks needs an authorisation from the Central Government, replacing the licence regime.
• Spectrum: assignment by auction, except for uses listed in the First Schedule, such as satellite services, national security, broadcasting and certain public uses, which can be assigned administratively.
• Right of way: public entities must provide right of way for laying telecom infrastructure, and owners of private property may negotiate agreements; disputes are resolved under a set process.
• Interception and suspension: on grounds such as security of the state, public order and prevention of incitement of offences, the government may intercept messages or suspend services, subject to procedures and safeguards set in rules; press messages of accredited journalists are generally protected unless a reasonable ground applies.
• Emergency powers: the government may take temporary possession of telecom networks during a public emergency or in the interest of public safety.
• User protection: biometric-based verification of users, rules against unsolicited commercial messages, and a "do not disturb" register.
• Digital Bharat Nidhi: the renamed universal service fund supports rural connectivity, research and development.
• Adjudication: an adjudicating officer and appeals committee for civil penalties, with appeals to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
• Offences: penalties for unauthorised services, SIM fraud and possession of unauthorised equipment such as signal jammers.