The Central Government has announced that June 26, 2024 as the date on which certain Sections of the Telecommunications Act, 2023 will come into force.

The Ministry of Communications, through the Department of Telecommunications, has officially issued a notification in accordance with the powers conferred by sub-section (3) of Section 1 of the Telecommunications Act, 2023 (the Act). As per the notification, the following Sections of the Act will come into force on the designated date: Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62.

“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,” the notification read.

Last year during the winter parliament session, the Telecommunications Bill, 2023 was passed by both the houses and received the assent of the President. The Bill was enacted as a law on December 27, 2023.

The Act repeals the 138-year-old archaic laws for the telecommunication sector, primarily the Indian Telegraph Act, of 1885, the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950).

The key feature of the new Act is that it provides privacy to the customers/users by giving them an option requiring their prior consent to receive messages from potential sellers. The Act also provides a non-auction route for the allocation of satellite spectrum.

As per Section 4 of the Act, “The Central Government, being the owner of the spectrum on behalf of the people, shall assign the spectrum in accordance with this Act, and may notify a National Frequency Allocation Plan from time to time”.

Further to prevent incitement for committing offence, the government can now stop transmission and intercepting messages in case of a public emergency. The Act also does not mention OTT (over-the-top) platforms.

As per Section 24(1) of the Act, the Universal Service Obligation Fund under the old Act, will be the “Digital Bharat Nidhi” which shall first be credited to the Consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Digital Bharat Nidhi from time to time for being utilised exclusively to meet the objectives. “The Universal Service Obligation Fund created under the Indian Telegraph Act, 1885, shall, from the appointed day, be the Digital Bharat Nidhi, under the control of the Central Government, and shall be used to discharge functions as set forth in this Act”, the Act reads.

Click here to Read/download the The Telecommunications Act, 2023

Telecommunications Act 2023

Riya Rathore