Draft Indian Telecommunication Bill 2022
Source: Mint
GS II: Policies and Developmental Studies; GS III: Infrastructure
What is discussed under Draft Indian Telecommunication Bill 2022?
- Key highlights of the bill
- Changes the New Indian Telecommunication Bill, 2022 Would Bring
Why in News?
The draft Indian Telecommunication 2022 Bill was released by the Department of Telecommunications (DoT) to govern Internet-based OTT (Over-The-Top) telecom services.
Key Highlights
- The bill proposes to replace three laws:
- The Indian Telegraph Act of 1885
- The Indian Wireless Telegraphy Act of 1933
- The Telegraph Wires (Unlawful Possession) Act of 1950
- The new telecom bill is expected to be in place in 6-10 months.
- The Department of Telecommunications has set the deadline of October 20 on the draft bill.
Changes the New Indian Telecommunication Bill, 2022 Would Bring
Legal support
- The new bill would give legal support for Right of Way operations.
- Enable framework for shortening approval periods.
- Consider remedies for damage to fibres and towers.
- The mergers and acquisitions framework will be streamlined.
- Relief, write-off, or deferment of dues may be permitted in situations of payment failure due to unusual circumstances.
OTT regulation
- OTT, communication applications such as Whatsapp, Signal, Telegram, and others that may offer voice or video calling would be covered by the proposed telecom bill, but only with a light touch.
- In the draft telecom bill, the government proposed broadening the definition of telecommunication services to include:
- OTT communication services, internet-based communication services, and broadcasting services
- OTT players would have to:
- Obtain licences
- Share revenue with the government
- Subject to the same rules as telecom service providers
Spectrum allocation
- The bill also mentions that auctions will be the primary method of spectrum allocation
- However, it also provides an enabling framework for spectrum assignment through administrative processes or non-auction methods for radio backhaul spectrum and airwaves for government and public interest sectors such as:
- Defence, research, and transportation.
- The non-auction allocation also includes airwaves for public sector firms BSNL and MTNL.
- In such circumstances, the government will specify the frequency range, pricing technique, price, taxes and charges, payment mode, length, and procedure.
License
- License needed for:
- Telecom services and networks
- Registration for telecom infrastructure
- Authorization for wireless equipment
- Spectrum should only be given through auction except for certain clearly defined govt or public purposes
Preventing harassment
- The new Telecom bill also establishes a legal framework for preventing user harassment from unwanted calls and texts, which is expected to bring significant relief to millions of mobile phone users who get spam calls or messages on a regular basis.
Provision of Refund
- Companies must comply with the Companies Act’s restructuring programme and notify the Department of Telecommunications.
- In the event of a payment default, the government will use a special enabling framework to determine extraordinary circumstances, such as:
- Financial stress, consumer interest, maintaining sector competition, or reliability and continued supply of services, to allow full or partial relief, write-off or deferment, or conversion of the amount into shares.
Validity of the spectrum
- Spectrum purchased in earlier auctions will be valid until the end date.
- The current spectrum awarded through the administrative procedure will be valid for five years from the day the Bill goes into effect, or until the term period expires, whichever comes first.
- The Bill includes a right of appeal to the appellate authority.
- It also makes it possible for the central government to establish an alternative conflict settlement mechanism, such as arbitration, mediation, or another dispute resolution procedure.
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