TELECOMMUNICATIONS ACT, 2023
7.
8.
9.
13. Non-discriminatory and non-exclusive grant of right of way 14
14. Telecommunication network distinct from property on which it is installed 14
15. Power of Central Government to establish common ducts and cable corridors 15
16. Removal, relocation or alteration of telecommunication network 15
17. Notice to facility provider 16
18. Dispute resolution relating to this Chapter 18
CHAPTER IV
STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION NETWORKS
19. Power to notify standards 18
20. Provisions for public emergency or public safety 19
21. Measures for national security, etc. 20
22. Protection of telecommunication network and telecommunication services 20
23. Power to give directions 21
CHAPTER V
DIGITAL BHARAT NIDHI
24. Establishment of Digital Bharat Nidhi21
25. Crediting of sum to Consolidated Fund of India 21
26. Administration of Digital Bharat Nidhi22
CHAPTER VI
INNOVATION AND TECHNOLOGY DEVELOPMENT
27. Regulatory sandbox 22
CHAPTER VII PROTECTION OF USERS
28. Measures for protection of users 22
29. Duty of users 23
30. Dispute resolution mechanism to redress user grievances 23
31.
32.
34.
35.
36.
37.
38.
39.
59.
3. Scope
4. Eligibility conditions for obtaining an Amateur Station Operator Certificate
5. Amateur station operator examination
6. Grant and validity of the Amateur Station Operator Certificate
7. General conditions applicable to an amateur station operator
8. Renewal of Amateur Station Operator Certificate
9. Suspension or cancellation of ASOC
10. No refund of fees
11. Transfer or surrender of ASOC
12. Use of ASOC for activities of an amateur society
13. Issue of special call signs for specific events
14. Inspection of records and calling for
15. Digital implementation of these
TELECOMMUNICATIONS (COMMERCIAL RADIO
OPERATOR CERTIFICATE OF PROFICIENCY TO OPERATE GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM) RULES, 2024
1. Short title and commencement
4. Categories of GMDSS certificates and eligibility
5. Application for examination for grant of GMDSS General Operator Certificate 61
6. Application for examination for grant of GMDSS Restricted Operator Certificate
7. Conduct of examination for grant of GMDSS Certificate
8. Grant and validity of GMDSS Certificate 62
9. Renewal of GMDSS General Operator Certificate 63
10. Issue of duplicate GMDSS Certificate 63
11. General obligations applicable to GMDSS Certificate holders 64
12. Recognition of certificates issued by other countries 64
13. Suspension or cancellation of GMDSS Certificate
14. No refund of fees
15. Digital Implementation of these rules
TELECOMMUNICATIONS (CRITICAL TELECOMMUNICATION INFRASTRUCTURE) RULES, 2024
1. Short title and commencement
2. Definitions
3. Application
4. Compliance requirements
5. Inspection of Critical Telecommunication
6. Chief Telecommunication Security Officer
7. Obligations related to Critical Telecommunication Infrastructure
8. Requirements for upgradation of Critical Telecommunication
9.
TELECOMMUNICATIONS (RIGHT OF WAY) RULES, 2024
5. Validity and renewal of permission for right of way
6. Application by a facility provider
7. Grant of permission by public entity
CHAPTER III
ESTABLISHMENT, OPERATION AND MAINTENANCE OF OVERGROUND TELECOMMUNICATION NETWORK IN PUBLIC PROPERTY
8. Application by a facility provider 78
9. Grant of permission by public entity 79
10. Establishment of temporary overground telecommunication network 81
11. Usage of street furniture for installation of small cells and telecommunication line 82
CHAPTER IV
PROVISIONS APPLICABLE FOR BOTH OVERGROUND AND UNDERGROUND TELECOMMUNICATION NETWORK IN PUBLIC PROPERTY
12. Right of way for telecommunication network for special projects 83
13. Obligations of facility provider in undertaking work 84
14. Powers of public entity with respect to ongoing work 84
CHAPTER V
ESTABLISHMENT, OPERATION AND MAINTENANCE OF TELECOMMUNICATION NETWORK IN PROPERTY OTHER THAN PUBLIC PROPERTY
15. Establishment of telecommunication network in property other than public property 85
16. Manner of permitting right of way by Central Government in public interest 85
CHAPTER VI
COMMON DUCT AND CABLE CORRIDOR
17. Terms and conditions for open access of common ducts and cable corridors 87
CHAPTER VII
MISCELLANEOUS PROVISIONS
18. Right to seek removal, etc. 88
19. Procedure for exercising legal right to deal with property 88
20.
1.
TELECOMMUNICATIONS (TELECOM CYBER SECURITY) RULES, 2024
2. Definitions
3.
4. Obligations
5.
6. Chief
7. Reporting of
8.
1.
TELECOMMUNICATIONS (TEMPORARY SUSPENSION OF SERVICES) RULES, 2024
5.
TELECOMMUNICATIONS (REMOVAL OF DIFFICULTIES) ORDER, 2024
1.
Telecommunications Act, 2023
[NO. 44 OF 2023]
An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
11. (1) This Act may be called the Telecommunications Act, 2023.
(2)It extends to,—
(i)the whole of India; and
(ii)to any offence committed or contravention made outside India by any person, as provided in this Act.
(3)It shall come into force on such date as the Central Government may, by notification2 in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
1.Enforced with effect from 26-6-2024
2. NOTIFICATION NO. S.O. 2408(E), DATED 21-6-2024: In exercise of the powers conferred by sub-section (3) of section 1 of the Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 26th Day of June, 2024, as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act shall come into force.
NOTIFICATION NO. S.O. 2623(E), DATED 4-7-2024: In exercise of the powers conferred by sub-section (3) of section 1 of the Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 5th Day of July, 2024 as the date on which the provisions of sections 6 to 8, 48 and 59(b) of the said Act shall come into force.
COMMENTS
SECTION NOTES
1.1 Applicability of this Act
It extends to the whole of India [Section 1(2)(i)]
1.2 Extraterritorial jurisdiction: Applicable to offences committed/contravention made outside India
It applies to any offence committed or contravention made outside India by any person [Section 1(2)(ii)]
Applicability to offence/contravention outside India will be as provided in this Act [Section 1(2)(ii)] Section 50 of this Act contains provisions in this regard.
Definitions.
32. In this Act, unless the context otherwise requires,—
(a) “appointed day” means such date as the Central Government may, by notification appoint under sub-section (3) of section 1;
(b) “assignment” of a radio frequency or radio frequency channel means the permission for a radio station to use a radio frequency or radio frequency channel under specified conditions;
(c) “assignee” means a person holding an assignment of a radio frequency or radio frequency channel under section 4;
(d) “authorisation” means a permission, by whatever name called, granted under this Act for—
(i) providing telecommunication services;
(ii) establishing, operating, maintaining or expanding telecommunication networks; or
(iii) possessing radio equipment;
(e) “authorised entity” means a person holding an authorisation under section 3;
(f) “critical telecommunication infrastructure” means telecommunication networks notified under sub-section (3) of section 22;
(g) “message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication;
(h) “National Frequency Allocation Plan” means guidelines issued from time to time by the Central Government for the use of the spectrum;
(i) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly;
(j) “person” shall include an individual, any company or association or body of individuals, whether incorporated or not, by whatsoever name called or referred to;
3. Enforced with effect from 26-6-2024
(k) “prescribed” means prescribed by rules made under this Act;
(l) “radio equipment” means telecommunication equipment used or capable of use for telecommunication by means of Hertzian or radio waves;
(m) “radio waves” means electromagnetic waves of frequencies propagated in space without any artificial guide;
(n) “Schedule” means a schedule to this Act;
(o) “spectrum” means the range of frequencies of Hertzian or radio waves;
(p) “telecommunication” means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception;
(q) “telecommunication equipment” means any equipment, appliance, instrument, device, radio station, radio equipment, material, apparatus, or user equipment, that may be or is being used for telecommunication, including software and intelligence integral to such telecommunication equipment; and excludes such equipment as may be notified by the Central Government;
(r) “telecommunication identifier” means a series of digits, characters and symbols, or a combination thereof, used to identify uniquely a user, a telecommunication service, a telecommunication network, elements of a telecommunication network, telecommunication equipment, or an authorised entity;
(s) “telecommunication network” means a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government;
(t) “telecommunication service” means any service for telecommunication;
(u) “user” means a natural or legal person using or requesting a telecommunication service, but does not include person providing such telecommunication service or telecommunication network.
COMMENTS
SECTION NOTES
2.1 Telecommunication [Section 2(p)]
Essential ingredients of the definition of “Telecommunication” are as follows:
It means transmission, emission or reception of any messages by wire, radio, optical or other electro-magnetic systems
It does not matter whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.
2.2 Telecommunication Equipment [Section 2(q)]
“Telecommunication equipment” means any equipment, appliance, instrument, device, radio station, radio equipment, material, apparatus, or user equipment that may be or is being used for telecommunication.
The term includes software and intelligence integral to such telecommunication equipment;
The term excludes such equipment as may be notified by the Central Government; The term does not include such telecommunication equipment as notified by the Central Government.
2.3 Telecommunication identifier [Section 2(r)]
“Telecommunication identifier” means a series of digits, characters and symbols, or a combination thereof, used to identify uniquely any of the following: a user, a telecommunication service, a telecommunication network, elements of a telecommunication network, telecommunication equipment, or an authorised entity;
2.4 Telecommunication Network [Section 2(s)]
“Telecommunication network” means any of the following used or intended to be used for providing telecommunication services:
a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks,
2.5 Telecommunication Service [Section 2(t)]
“Telecommunication service” means any service for telecommunication;
2.6 Assignment [Section 2(b)]
“Assignment” means the permission for a radio station to use a radio frequency or radio frequency channel under specified conditions [Section 2(b)] [See also Section 4]
2.7 Assignee [Section 2(c)]
Person holding an “assignment” (permission) as above [See also Section 4]
2.8 Authorisation [Section 2(d)]
“Authorisation” means a permission granted under this Act for— (i) providing telecommunication services;
(ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment;
The nomenclature given to such permission (by whatever name it is called) doers not matter.
2.9 Message [Section 2(g)]
“Message” means any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication;
2.10 Spectrum [Section 2(o)]
“Spectrum” means the range of frequencies of Hertzian or radio waves;
2.11 Radio Equipment [Section 2(l)]
“Radio equipment” means telecommunication equipment [See Section 2(q)] used or capable of use for telecommunication [See Section 2(p)] by means of Hertzian or radio waves;
2.12 Radio Waves [Section 2(m)]
“Radio waves” means electromagnetic waves of frequencies propagated in space without any artificial guide;
CHAPTER II
POWERS OF AUTHORISATION AND ASSIGNMENT
Authorisation.
3. (1) Any person intending to—
(a) provide telecommunication services;
(
b) establish, operate, maintain or expand telecommunication network; or
(c) possess radio equipment, shall obtain an authorisation from the Central Government, subject to such terms and conditions, including fees or charges, as may be prescribed.
(2) The Central Government may while making rules under sub-section (1) provide for different terms and conditions of authorisation for different types of telecommunication services, telecommunication network or radio equipment.
(3) The Central Government, if it determines that it is necessary in the public interest so to do, may provide exemption from the requirement of authorisation under sub-section (1), in such manner as may be prescribed.
(4) Any exemption granted prior to the appointed day under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall continue under this Act, unless otherwise notified by the Central Government.
(5) Any authorised entity may undertake any merger, demerger or acquisition, or other forms of restructuring, subject to any law for the time being in force and any authorised entity that emerges pursuant to such process, shall comply with the terms and conditions, including fees and charges, applicable to the original authorised entity, and such other terms and conditions, as may be prescribed.
(6) A licence, registration, permission, by whatever name called, granted prior to the appointed day under the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933), in respect of provision of telecommunication services or telecommunication network—
(a) where a definite validity period is given, shall be entitled to continue to operate under the terms and conditions and for the duration as specified under such licence or registration or permission, or to migrate to such terms and conditions of the relevant authorisation, as may be prescribed; or
(b) where a definite validity period is not given, shall be entitled to continue to operate on the terms and conditions of such licence or registration or permission for a period of five years from the appointed day, or to migrate to such terms and conditions of the relevant authorisation, as may be prescribed.
(7) Any authorised entity which provides such telecommunication services as may be notified by the Central Government, shall identify the person to whom it provides telecommunication services through use of any verifiable biometric based identification as may be prescribed.
(8) The Central Government may, subject to such terms and conditions, including fees or charges as may be prescribed, allot telecommunication identifiers for use by authorised entities.
(9) The Central Government may allow use of telecommunication identifiers allotted by international bodies which are recognised by the Central Government from time to time.
COMMENTS
SECTION NOTES
3.1 Persons required to obtain authorisation under the Act from the Central Government
Authorisation (permission) must be obtained by a person intending to:
(a) provide telecommunication services;
(b) establish, operate, maintain or expand telecommunication network; or
(c) possess radio equipment [sub-section (1) of this section]
Authorisation as above need not be obtained if such person is exempted from doing so under sub-section (3) or sub-section (4);
As for persons holding licences, registration, permission etc granted prior to the appointed day (date of coming into force of this Act appointed by notification by Central Govt.) under the Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy Act, 1933, they need not again obtain an authorisation. They can continue operating under the existing licences, registration, permission etc granted prior to the appointed day or opt to migrate to the authorisation under the terms and conditions prescribed under this Act in terms of sub-section (5) of this section.
3.2 Authorised entity [Section 2(e)]
A person who has obtained an authorisation under this sub-section (1) as above is an “authorised entity”.
3.3 Exemption from obtaining authorisation under this Section
The Central Government may provide exemption from the requirement of authorisation under sub-section (1), if it determines that it is necessary in the public interest to do so. [Sub-section (3)]
Any exemption granted before the appointed day under the Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy Act, 1933, shall continue under this Act unless otherwise notified by the Central Government. [Sub-section (4)]
