On Monday, the government presented the final version of the Indian Telecommunications Bill 2023, aiming to uphold the authority of the Telecom Regulatory Authority of India (TRAI), excluding over-the-top (OTT) services from the purview of telecom services, and facilitating the direct allotment of satellite spectrum to telecom companies. The bill intends to replace three existing laws governing telecom services—the Indian Telegraph Act, 1885; the Indian Wireless Telegraphy Act, 1933; and the Telegraph Wires Act, 1950. Notably, the initial draft introduced in September 2022 had raised concerns over potential undermining of TRAI’s powers and encompassed OTT services like WhatsApp and Telegram within the scope of telecom services.
In its final form, the bill introduces an administrative mechanism for allocating satellite spectrum to telecom companies, departing from the auction approach. It also grants the government the authority to temporarily assume control of telecom services during public emergencies or for public safety reasons. Additionally, the bill mandates biometric identification of all customers before issuing SIM cards and prohibits telecom companies from using devices from untrusted sources. Lt Gen A K Bhatt (Retd), Director General of the Indian Space Association (ISpA), emphasized that the decision to allocate satellite spectrum through a globally harmonized administrative method serves the greater good of the nation.
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