Telecommunications Bill 2023 Gets Rajya Sabha Nod, Awaits Presidential Approval

The Rajya Sabha, on Thursday (December 21), gave its approval to the Telecommunications Bill 2023, signaling a transformative shift in the regulatory landscape governing telecommunication services in India. Following Lok Sabha’s endorsement, the Bill, introduced by Minister of Communications Ashwini Vaishnaw on December 18, is poised to become law after receiving the President’s assent.

Vaishnaw highlighted the key objectives of the Bill, emphasizing its role in amending and consolidating laws related to the development, expansion, and operation of telecommunication services and networks. The Bill’s scope extends to the assignment of spectrum and other connected matters.

A pivotal aspect of the Bill is its ambition to replace outdated legislations, namely the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession). The move aligns with the government’s commitment to modernize the regulatory framework governing the telecommunications sector.

A noteworthy development in the Bill is the deliberate exclusion of over-the-top (OTT) communication apps from its scope. Notably absent in earlier drafts, the exclusion provides a reprieve to platforms like Meta-owned WhatsApp, Signal, Skype, Telegram, and others. However, concerns persist due to broad definitions of crucial terms like ‘telecommunication’ and ‘messaging,’ raising speculation about the government’s potential regulation of OTTs under the new telecom bill.

One significant implication of the 2023 Telecommunications Bill is its favorable stance toward foreign players, particularly in the satellite communication arena. The bill opts for the administrative allocation of satellite communication licenses, benefitting entities like Elon Musk’s Starlink and Amazon’s Kuiper.

As the telecom sector undergoes a substantial transformation in India, the subscriber base reached 1.17 billion as of July 2023, with an impressive 881.26 million internet subscribers, according to the Department of Telecommunications (DoT).

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