Government notifies additional provisions in Telecom Act 2023

The government has notified another set of sections of the Telecommunications Act which relates to optimal utilisation of spectrum, including sharing and trading as well as rules concerning appointment of chairman and members of the telecom regulator.

The government has notified section 6-8, 48 and 59(b) of the Telecommunications Act, with effect from today. The Act came into effect from June 26 along with sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62. The remaining provisions and sections of the Act have to be notified within 180 days.

“One major aspect that is being covered in the latest notification is the focus of the Central Government on increasing efficiency in spectrum utilization and various modes of achieving the same like secondary assignment, sharing/trading etc,” Ministry of Communications said in a statement Friday.

The Act provides a legal framework for efficient utilization of scarce spectrum through processes such as secondary assignment, sharing, trading, leasing and surrender of spectrum. It also enables the utilisation of spectrum in a flexible, liberalised and technologically neutral manner. It also empowers the Central Government to establish an enforcement and monitoring mechanism for the purpose.

The Act prohibits use of equipment which block telecommunications, unless permitted by the Central Government. Further, Section 59(b) of the Act will amend section 4 of the Trai Act 1997 and prescribes criteria for appointment of Chairperson and members of the Telecom Regulatory Authority of India (Trai).

The Telecommunication Act 2023 seeks to repeal existing legislative frameworks like Indian Telegraph Act 1885 and Indian Wireless Telegraph Act 1933 owing to huge technical advancements in the telecom sector and technologies.