The central government will soon have the authority to control telecommunications services and networks during emergencies, thanks to the Telecommunications Act 2023, set to take effect on June 26.
A recent partial notification by the Centre has outlined that several sections of the Telecommunications Act, including sections 1, 2, 10, and 30, will be activated from June 26.
According to the Gazette notification, “The Central government hereby appoints the 26th day of June 2024, as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 of the said Act shall come into force.”
New Telecom Law notified.
Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the Telecommunications Act, 2023 notified. pic.twitter.com/74BMCWBME5
— Bar and Bench (@barandbench) June 22, 2024
This legislation empowers the government to assume control of telecom services and networks for reasons of national security, public order, or crime prevention.
Section 20 of the Act, which becomes effective on June 26, stipulates, “In the event of a public emergency, including disaster management, or for public safety, the Central Government or a State Government, or any authorised officer, can temporarily take control of any telecommunication service or network from an authorised entity. It also ensures that communication for authorized users during an emergency is prioritized.”
The Act mandates that telecom operators must secure government authorization to establish or operate telecommunication networks, offer services, or use radio equipment.
Additionally, the Universal Service Obligation Fund will be rebranded as Digital Bharat Nidhi. This fund will now support research and development and pilot projects, alongside its traditional role of facilitating telecom services in rural areas.
While some sections of the Act, like the administrative allocation of spectrum and the adjudication mechanism, will be detailed later, the Act will supersede existing laws in the telecommunications sector, such as the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933.
