Here are the key features of the Telecom Bill 2023.
OTT apps like WhatsApp not to be regulated
OTT players such as WhatsApp, Signal and Telegram remain outside the purview of telecom. This means that the Telecom Bill does not regulate OTT apps.
19 services/entities to get spectrum without auction
19 services/entities listed under “first schedule”, where spectrum can be given administratively.
These include:
a) National security, defence, disaster management, public broadcasting, etc.
b) Satellite services, including GMPCS holders (such as Bharti OneWeb, Starlink, Amazon Kuiper and Reliance Jio Satellite).
c) BSNL and MTNL.
Prior permission of users required for certain messages
Prior consent of users needed for specified class of messages. Those violating rules will face imprisonment and fine.
New dispute resolution mechanism to be set up
One or more online dispute resolution mechanisms may be set up. Mechanism needed for reporting malware, etc, by users.
Bill has provisions for penalty and punishment for acts such as establishing telecom infrastructure without authorisation, intercepting messages unlawfully or unauthorised access to telecom networks.
Only central government can shut down internet
Internet shutdowns can be authorised only by the Centre.
When can government suspend/take over telecom services
Government can stop transmission of messages in case of a public emergency. The Government can take temporary possession of telecom networks in case of emergency. Telecom equipment to be procured from trusted sources only. Govt can suspend, remove or prohibit use of specified telecom equipment from countries or a person as may be notified.
Power to waive fee, interest, additional charges removed
Power to waive fee, interest, additional charges, penalty or grant exceptions removed. This could have negative implications on companies such as Vodafone Idea.
No service during bankruptcy proceedings
Specific conditions around insolvency and bankruptcy have been removed. A telecom service provider can’t continue offering services during insolvency proceedings.
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