The Indian Telecommunication Act 2022

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the draft Indian Telecommunication Act, 2022

News Highlight

The Parliamentary Standing Committee raised several questions on the implications of data privacy in the draft Indian Telecommunication Act, 2022.

Key Takeaway

  • The members, according to sources, expressed concern about the draft law preceding the Data Privacy Bill without providing the necessary safeguards.
  • The draft law has serious loopholes that can be misused to infringe on privacy  by using ‘public interest/emergency’ and ‘national security’ as the reason; overarching power is vested with the administration without adequate oversight mechanisms.

 Features of the bill.

  • Consolidation of existing laws:
    • The bill consolidates three separate acts that govern the telecommunications sector:
      • Indian Telegraph Act 1885.
      • Indian Wireless Telegraphy Act 1933.
      • The Telegraph Wires (Unlawful Protection) Act 1950.
  • Customer protection:
    • To curtail the ever-­increasing incidence of spam calls and frauds, the draft Bill proposes that the identity of the person communicating using any form of telecommunication services shall be available to the user receiving such communication. 
    • Further, the draft Bill also provides that commercial communications which are advertising and promotional should be made only with the prior consent of a subscriber.
  • Widening the communication services:
    • One of the fundamental changes is the inclusion of new-age over-the-top communication services like WhatsApp, Signal and Telegram in the definition of telecommunication services.
  • Internet shutdowns:
    • For the first time in the Indian legal framework, a specific provision enabling the government to order the suspension of internet power has been introduced through the draft Bill.
      • Currently, suspension of internet services is ordered under the Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017, which have been made under the Indian Telegraph Act, 1885.
  • Expansion of the licensing regime:
    • As per the draft law, providers of telecommunication services will be covered under the licensing regime and will be subjected to similar rules as other telecom operators. 
    • The laws proposed under the Bill will regulate communication services, including voice, video, and data offered by over-the-top platforms such as Whatsapp, making it mandatory for them to obtain a licence from the government to operate like other telecom operators.
  • Amend the TRAI Act:
    • The draft bill is looking to amend the Telecom Regulatory Authority of India Act (TRAI Act). The TRAI is the watchdog of the telecommunication sector in India. 
    • The current TRAI Act mandates the telecom department to seek the regulator’s views before issuing a new licence to a service provider. The proposed Bill does away with this provision. 
  • Simplify mergers and acquisitions:
    • The bill proposes simplifying the framework for mergers and acquisitions, demergers and acquisitions, or other forms of restructuring “by only requiring intimation to the licensing authority,”.
  • Telecommunication Development Fund:
    • The draft Bill also proposes to change the name of the Universal Service Obligation Fund (USOF) to the Telecommunication Development Fund (TDF). 
    • The amount received under USOF comes from the annual revenue of telecom services providers. The amount received under the TDF will be credited to the Consolidated Fund of India and utilised to boost connectivity services in underserved areas in India.

Telecom Regulatory Authority of India (TRAI)

  • It was established in 1997 by the Telecom Regulatory Authority of India Act 1997.
  • Its mission is to create and nurture conditions for the growth of telecommunications in the country.
  • TRAI regulates telecom services, including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government.
  • The head office of the Telecom Regulatory Authority of India (TRAI) is located in New Delhi.
  • Composition:
    • The TRAI consists of a chairperson, two whole-time members and two part-time members, all appointed by the Government of India.
    • The Chairperson and other members shall hold their office for three years or till the age of 65, whichever is earlier.
    • The Central Government is empowered to remove any member of the TRAI.

Content Source: Business Standard

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