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Telecom Bill in LS grants central authority control over services for national security reasons

The Indian government presented the Telecommunications Bill 2023 on Monday, aiming to replace the 138-year-old Indian Telegraph Act governing the telecom sector. IT Minister Ashwini Vaishnaw introduced the bill in the Lok Sabha following Cabinet approval in August. The proposed legislation empowers the Union government to assume control, manage, or suspend any telecommunication services, networks, or related components, citing national security concerns.

Additionally, the bill grants the government the authority to instruct that specific messages—sent or received by designated individuals, through particular telecommunication equipment, or related to specific subjects—should not be transmitted to safeguard India’s sovereignty, integrity, and national security. The 2023 draft Telecommunications Bill suggested bringing over-the-top (OTT) or internet-based calling and messaging apps under the telecommunications definition for enhanced user safety.

The bill also sought to limit the power of the Telecom Regulatory Authority of India (TRAI), addressing concerns raised by industry players. Government officials stated that the issues related to OTT players and TRAI were resolved before Cabinet clearance. The draft proposed easing rules for license fee refunds when a company surrenders its permit. The new bill proposes government authority to waive entry fees, license fees, penalties, etc., in the interest of consumers, ensuring market competition, telecom network availability, continuity, and national security.

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