A New Telecom Bill Gives Centers Authority To Take Over Owner Companies’ Control Over Any Mobile Network | Details

The Center is authorized to temporarily acquire any telecommunication network for public safety purposes or in the event of a public emergency under the recently introduced Telecommunications Bill 2023. In the midst of opposition demonstrations demanding a reply from Union Home Minister Amit Shah addressing the security breach in Parliament last week, Communications Minister Ashwini Vaishnaw tabled the Bill in the Lok Sabha today.

The bill seeks to alter and unify the laws pertaining to the creation, growth, and operation of telecommunication services and networks, as well as the spectrum assignment. It also proposes to amend the Telecom Regulatory Authority of India Act (TRAI), 1997.

“On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the Central Government or a State Government or any officer specially authorized on this behalf by the Central Government or a State Government, if satisfied that it is necessary or expedient so to do, by notification- (a) take temporary possession of any telecommunication service or telecommunication network from an authorized entity,” the proposed law states.

Opposing its introduction, BSP MP Ritesh Pandey said that the government was introducing it as a “money bill” to prevent the Rajya Sabha from having a final say. He said that issues about data privacy are also raised by the measure.

The Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires Act of 1950 are all intended to be repealed by the new law.

The bill’s statement of goals and reasons states that a safe and secure telecommunications network that supports the expansion of digital inclusion requires the establishment of a legislative and regulatory framework.

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The three statutes that constituted the present legal framework were passed in 1885, 1933, and 1950.

“There have been significant developments in the nature, applications, and underlying technology of telecommunication, particularly in the last ten years. As a result, legislation that meets the demands of our society must be implemented for the telecom industry,” the statement said.

The purpose of the Bill is to establish a framework for the authorization of radio equipment, telecommunication networks, and services; for the assignment and effective use of spectrum, including re-farming and harmonization provisions; for the development of new technologies and the establishment of a regulatory sandbox for spectrum innovation.

It offers a structure for creating and sustaining telecommunications networks by establishing common ducts and right-of-way regulations.