On July 4, 2024, the Union Government issued a Gazetted Notification to enforce sections 6-8, 48, and 59(b) of the Telecommunications Act, 2023, starting from July 5, 2024. This groundbreaking law aims to reform and unify the regulations governing telecommunication services, networks, and spectrum allocation.
Replacing the archaic Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933, the Telecommunications Act 2023 is tailored to address the contemporary needs and technological advancements in the telecom sector. The Act is built on the pillars of Samavesh (Inclusion), Suraksha (Security), Vriddhi (Growth), and Tvarit (Responsiveness), aligning with the vision of a developed India (Viksit Bharat).
Passed by Parliament in December 2023 and sanctioned by the President on December 24, 2023, the Act’s initial sections were enforced on June 26, 2024, through Notification No. 2408(E) dated June 21, 2024.
Salient Features Effective from July 5, 2024:
Efficient Spectrum Utilization: The Act provides a legal framework for optimal spectrum use through secondary assignment, sharing, trading, leasing, and surrendering. It promotes flexible, liberalized, and technologically neutral spectrum utilization and empowers the Central Government to establish enforcement and monitoring mechanisms.
Ban on Telecommunication Blocking Equipment: The Act immediately bans the use of any equipment that blocks telecommunication without Central Government approval.
TRAI Appointment Criteria: Section 59(b) modifies section 4 of the TRAI Act 1997, outlining the criteria for appointing the Chairperson and Members of TRAI.
The latest notification underscores the Central Government’s focus on improving spectrum utilization efficiency through innovative methods such as secondary assignment and spectrum trading.
Source: PIB Delhi