AS INTRODUCED IN LOK SABHA

Bill No. 194 of 2023

THE TELECOMMUNICATIONS BILL, 2023

——————
ARRANGEMENT OF CLAUSES
——————
CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
POWERS OF AUTHORISATION AND ASSIGNMENT
3. Authorisation.
4. Assignment of spectrum.
5. Re-farming and harmonisation.
6. Technologically neutral use of spectrum.
7. Optimal utilisation of spectrum.
8. Establishment of Monitoring and enforcement mechanism.
9. No refund of fees.
CHAPTER III
RIGHT OF WAY FOR TELECOMMUNICATION NETWORK
10. Definition of terms used in this Chapter.
11. Right of way for telecommunication network in public property.
12. Right of way for telecommunication network on property not covered under
section 11.
13. Non-discriminatory and non-exclusive grant of right of way.
14. Telecommunication network distinct from property on which it is installed.
15. Power of Central Government to establish common ducts and cable corridors.
16. Removal, relocation or alteration of telecommunication network.
17. Notice to facility provider.
18. Dispute resolution relating to this Chapter.
CHAPTER IV
STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF
TELECOMMUNICATION NETWORKS

19. Power to notify standards.

 (ii)

CLAUSES
20. Provisions for public emergency or public safety.
21. Measures for national security, etc.
22. Protection of telecommunication network and telecommunication services.
23. Power to give directions.
CHAPTER V
DIGITAL BHARAT NIDHI
24. Establishment of Digital Bharat Nidhi.
25. Crediting of sum to Consolidated Fund of India.
26. Administration of Digital Bharat Nidhi.
CHAPTER VI
INNOVATION AND TECHNOLOGY DEVELOPMENT
27. Regulatory sand box.
CHAPTER VII
PROTECTION OF USERS
28. Measures for protection of users.
29. Duty of users.
30. Dispute resolution mechanism to redress user grievances.
CHAPTER VIII
ADJUDICATION OF CERTAIN CONTRAVENTIONS
31. Definitions of terms used in this Chapter.
32. Breach of terms and conditions of authorisation or assignment.
33. Contraventions of Act.
34. Voluntary undertaking for contraventions.
35. Adjudicating Officer.
36. Designated Appeals Committee.
37. Process to be followed by Adjudicating Officer and Designated Appeals
Committee.
38. Enforcement.
39. Appeals on matters relating to section 32.
40. Appeals on matters relating to section 33.
41. Jurisdiction of civil court barred.
CHAPTER IX
OFFENCES
42. General provisions relating to offences.
43. Power to search.
44. Supply of information to authorised officers.
 (iii)

CHAPTER X
MISCELLANEOUS
CLAUSES
45. Creation of security interests.
46. Certification of person for operation of radio equipment on a vessel or aircraft.
47. Certification for amateur station operator.
48. Prohibition of use of equipment which blocks telecommunication.
49. Penalties not to affect other liabilities.
50. Act to apply for offence or contravention committed outside India.
51. Protection of action taken in good faith.
52. Consistency with other laws.
53. Implementation of Act.
54. Employee of authorised entity not to be compelled to appear as witness.
55. Rights in Continental Shelf and Exclusive Economic Zone.
56. Power of Central Government to make rules.
57. Power of Central Government to amend Schedules.
58. Power to remove difficulties.
59. Amendment to Act 24 of 1997.
CHAPTER XI
REPEAL AND SAVINGS
60. Repeal of certain Acts and savings.
61. Existing rules to continue.
62. Validation of certain acts and indemnity.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
 1
AS INTRODUCED IN LOK SABHA

Bill No. 194 of 2023

THE TELECOMMUNICATIONS BILL, 2023

A

BILL
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
5 1. (1) This Act may be called the Telecommunications Act, 2023. Short title,
extent and
(2) It extends to,— commencement.

(i) the whole of India; and

(ii) to any offence committed or contravention made outside India by any
person, as provided in this Act.
10 (3) It shall come into force on such date as the Central Government may, by
notification 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.
 2
Definitions. 2. 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 5
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— 10

(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 15
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; 20

(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 25
body of individuals, whether incorporated or not, by whatsoever name called or
referred to;
(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; 30

(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 35
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 40
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 45
 3

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
5 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
10 telecommunication service, but does not include person providing such
telecommunication service or telecommunication network.

CHAPTER II
POWERS OF AUTHORISATION AND ASSIGNMENT
3. (1) Any person intending to— Authorisation.

15 (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.
20 (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
25 sub-section (1), in such manner as may be prescribed.
(4) Any exemption granted prior to the appointed day under the Indian Telegraph
13 of 1885. Act, 1885 or the Indian Wireless Telegraphy Act, 1933 shall continue under this Act,
17 of 1933. unless otherwise notified by the Central Government.
(5) Any authorised entity may undertake any merger, demerger or acquisition, or
30 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
13 of 1885. 3 5 the appointed day under the Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy
17 of 1933. Act, 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
40 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
45 conditions of the relevant authorisation, as may be prescribed.
 4
(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 5
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. 10

Assignment 4. (1) The Central Government, being the owner of the spectrum on behalf of the
of spectrum. people, shall assign the spectrum in accordance with this Act, and may notify a National
Frequency Allocation Plan from time to time.
(2) Any person intending to use spectrum shall require an assignment from the
Central Government. 15

(3) The Central Government may prescribe such terms and conditions as may be
applicable, for such assignment of spectrum, including the frequency range,
methodology for pricing, price, fees and charges, payment mechanism, duration and
procedure for the same.
(4) The Central Government shall assign spectrum for telecommunication through 20
auction except for entries listed in the First Schedule for which assignment shall be
done by administrative process.
Explanation.—For the purposes of this sub-section,—
(a) "administrative process" means assignment of spectrum without holding
an auction; 25

(b) "auction" means a bid process for assignment of spectrum.

(5) (a) The Central Government may, by notification, amend the First Schedule for
assignment of spectrum—
(i) in order to serve public interest; or
(ii) in order to perform government function; or 30
(iii) in cases where auction of spectrum is not the preferred mode of
assignment due to technical or economic reasons.
(b) The notification referred to in clause (a) shall be laid before each House of
Parliament.
(6) The Central Government, if it determines that it is necessary in the public 35
interest so to do, may exempt,—
(a) from the requirement of assignment under sub-section (2), in such manner
as may be prescribed; and
(b) by notification, specific usages within specified frequencies and
parameters, from the requirements of sub-section (2). 40

(7) Any exemption with respect to use of spectrum granted under the Indian
Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 prior to the appointed 13 of 1885.
day, shall continue under this Act, unless otherwise notified by the Central Government. 17 of 1933.

(8) Any spectrum assigned through the administrative process prior to the
appointed day, shall continue to be valid on the terms and conditions on which it had 45
been assigned, for a period of five years from the appointed day, or the date of expiry of
such assignment, whichever is earlier.
 5
(9) Any spectrum assigned through auction prior to the appointed day, shall
continue to be valid on the terms and conditions on which it had been assigned.
5. The Central Government may, to enable more efficient use of spectrum, re-farm Re-farming
or harmonise any frequency range assigned under section 4, subject to such terms and and
harmonisation.
5 conditions, as may be prescribed.
Explanation.—For the purposes of this section,—
(a) "harmonisation" means rearrangement of a frequency range;
(b) "re-farming" means repurposing of a frequency range for a different use,
other than that for which it is used by an existing assignee.
10 6. The Central Government may enable the utilisation of the spectrum in a flexible, Technologically
liberalised and technologically neutral manner, subject to such terms and conditions, neutral use of
spectrum.
including applicable fees and charges, as may be prescribed.
7. (1) The Central Government may, to promote optimal use of the available Optimal
spectrum, assign a particular part of a spectrum that has already been assigned to an utilisation of
spectrum.
15 entity, known as the primary assignee, to one or more additional entities, known as the
secondary assignees, where such secondary assignment does not cause harmful
interference in the use of the relevant part of the spectrum by the primary assignee,
subject to such terms and conditions as may be prescribed.
(2) The Central Government may, notwithstanding anything contained in any
20 other law for the time being in force, after providing a reasonable opportunity of being
heard to the assignee concerned, determines that any assigned spectrum has remained
unutilised for insufficient reasons for such period as may be prescribed, terminate such
assignment, or a part of such assignment, or prescribe further terms and conditions
relating to spectrum utilisation.
25 8. (1) The Central Government may establish by notification, such monitoring and Establishment
enforcement mechanism as it may deem fit to ensure adherence to terms and conditions of monitoring
and
of spectrum utilisation and enable interference-free use of the assigned spectrum. enforcement
mechanism.
(2) The Central Government may permit the sharing, trading, leasing and surrender
of assigned spectrum, subject to the terms and conditions, including applicable fees or
30 charges, as may be prescribed.
9. No person shall be entitled to the refund of any fees or charges paid in respect No refund of
of or under an authorisation or assignment granted under this Act, if such authorisation fees.
or assignment is suspended, curtailed, revoked or varied.

CHAPTER III
35 RIGHT OF WAY FOR TELECOMMUNICATION NETWORK
10. For the purpose of this Chapter,— Definition of
terms used in
(a) "facility provider" means the Central Government or any authorised this Chapter.
entity, including any contractor or sub-contractor or agent working for the Central
Government or authorised entity, and shall include their successor or assignee;
40 (b) "public entity" means,—
(i) the Central Government;
(ii) the State Government;
(iii) local authority;
(iv) any authority, body, company or institution incorporated or
45 established by the Central Government or the State Government, or under
any statute; or
 6
(v) any non-government entity vested with the ownership, control or
management of any public facility or class of public facilities, as may be
notified by the Central Government;
(c) "public property" means any property, whether movable or immovable
including any machinery, which is owned by, or in the possession of, or under the 5
control or management of any public entity.
Right of way 11. (1) Any facility provider may submit an application to a public entity under
for whose ownership, control or management, the public property is vested, to seek
telecommunication
network in
permissions for right of way for telecommunication network under, over, along, across,
public property. in or upon such public property. 10

(2) On receipt of an application from a facility provider under sub-section (1), the
public entity shall, subject to the provisions of sub-section (4), grant permission for all
or any of the following acts, namely:—
(a) survey such property for the purpose of assessing the feasibility for
establishing telecommunication network; or 15

(b) enter the property from time to time to establish, operate, maintain, repair,
replace, augment, remove or relocate any telecommunication network.
(3) The public entity shall grant permission under sub-section (2) in an expeditious
manner and within such timelines as may be prescribed, and subject to such
administrative expenses and compensation for right of way, which shall not exceed 20
such amount as may be prescribed.
(4) Any rejection of an application under sub-section (1) shall be based on
reasonable grounds to be recorded in writing.
(5) The facility provider shall do as little damage as possible to the public property,
and ensure that the functionality and continuity of operations over such public property 25
is not adversely affected, while undertaking any of the activities for which permission
has been granted under sub-section (2).
(6) If any damage is caused to the property, the facility provider shall, at the
option of the public entity, either,—
(a) restore such property to its state as existed prior to the undertaking of 30
such activities; or
(b) pay compensation for such damage as may be mutually agreed.
(7) The provisions of this section shall be applicable to any public property
vested for such projects or class of projects as notified by the Central Government, in
respect of which, applications under sub-section (1) shall be made to the public entity 35
granting the concession, contract or permission for such projects.
Right of way 12. (1) Any facility provider may submit an application to the person under whose
for ownership, control or management of property not covered under section 11 is vested,
telecommunication
network on
to seek right of way for telecommunication network under, over, along, across, in or
property not upon such property. 40
covered under
section 11. (2) On receipt of an application from a facility provider, the person receiving the
application may enter into an agreement, specifying consideration as mutually agreed,
for—
(a) undertaking surveys as may be required by the facility provider for the
purpose of assessing the feasibility for establishing telecommunication 45
network; or
(b) establishing, operating, maintaining, repairing, replacing, augmenting,
removing or relocating any telecommunication network by the facility provider.
 7
(3) The facility provider shall do as little damage as possible to the property when
undertaking any of the activities for which permission has been granted under
sub-section (2).
(4) In case of any damage to the property, the facility provider shall restore such
5 property to its state as existed prior to the undertaking of such activities, failing which
the person granting permission under sub-section (2), shall be entitled to compensation
as may be mutually agreed, for any such damage.
(5) The Central Government may by rules provide for the procedure to be followed
by a facility provider to enter, survey, establish, operate, maintain, repair, replace or
10 relocate the telecommunication network, including the notice period, the manner of
issuance of notice, the framework governing objections by owner or occupier of the
property, the manner in which such objections would be resolved, and matters relating
to the compensation payable for any damage.
(6) If the person under sub-section (2) fails to provide the right of way requested,
15 and the Central Government determines that it is necessary so to do in the public
interest, it may, either by itself or through any other authority designated by the Central
Government for this purpose, determine that such facility provider shall be permitted
the right of way to establish, operate, maintain such telecommunication network, subject
to such terms and conditions, including charges for the right of way, and compensation
20 for damage to the property, if any, to be payable to such person as may be prescribed.
13. Any person providing right of way under section 11 or section 12, shall Non-
ensure grant of right of way to the facility providers in a non-discriminatory manner discriminatory
and non-
and, as far as practicable, on a non-exclusive basis. exclusive grant
of right of way.

14. (1) A facility provider shall not have any right, title or interest in the property Telecommunication
25 on which telecommunication network is established, except the right to use the property network distinct
from property
as provided under section 11 or section 12. on which it is
installed.
(2) The telecommunication network installed on any property, shall not be subject
to any claims, encumbrances, liquidation or the like, relating to such property.

(3) The telecommunication network installed on any property, shall not be

30 considered as part of such property, including for the purposes of any transaction
related to that property, or any property tax, levy, cess, fees or duties as may be applicable
on that property.

(4) Notwithstanding anything contained in any other law for the time being in
force, no public entity, except with the permission of an officer authorised by the
35 Central Government for this purpose, shall have the authority to take any coercive
action, such as sealing, preventing access, or forcible shutdown of the
telecommunication network established by an authorised entity, except where such
actions may be necessary to deal with any natural disaster or public emergency.

15. (1) The Central Government may notify infrastructure projects or class of Power of
40 infrastructure projects, whether being developed by a public entity by itself, through a Central
Government to
public private partnership or by any other person, that may require establishment of establish
common ducts or conduits or cable corridors, for installation of telecommunication common ducts
network. and cable
corridors.
(2) The telecommunication network referred to in sub-section (1) shall be made
45 available on open access basis to facility providers, subject to such terms and conditions,
including fees and charges, as may be prescribed.
 8
Removal, 16. (1) Where, under section 11 or section 12, telecommunication network has
relocation or been placed by the facility provider, under, over, along, across, in or upon any property,
alteration of
telecommunication and any person entitled to do so desires to deal with that property in such a manner so
network. as to render it necessary or convenient that the telecommunication network should be
removed or relocated to another part thereof or to a higher or lower level or altered in 5
form, he may require the facility provider to remove, relocate or alter the
telecommunication network accordingly.
(2) If compensation has been paid under sub-section (6) of section 11, or
sub-section (4) of section 12, such person shall, when making the requisition under
sub-section (1), tender to the facility provider the amount requisite to defray the expense 10
of the removal, relocation or alteration on such terms as may be mutually agreed.
(3) If any dispute arises under this Chapter, the matter shall be determined by the
authority referred to in sub-section (2) of section 18.
(4) If the facility provider omits to comply with the requisition, the person making
such requisition, may apply to the District Magistrate within whose jurisdiction the 15
property is situated, to order the relocation or alteration.
(5) The District Magistrate receiving the application may, at its discretion and for
reasons to be recorded in writing, approve or reject such relocation or alteration, subject
to such conditions as it determines fit, including the relocation of the telecommunication
network to any other part of the property or to a higher or lower level or for the alteration 20
of its form, and the order so made shall be final.
Notice to 17. (1) Any person desiring to exercise his right to deal with his property in such
facility
a manner as is likely to cause damage or to interrupt or interfere with the
provider.
telecommunication network established under the provisions of this Act, or to interrupt
or interfere with telecommunication services, shall give prior notice of such duration 25
and in such manner, as may be prescribed, to the facility provider, the Central Government
or to any authority that may be notified by the Central Government.
(2) The facility provider shall respond to such notice with details of such
telecommunication network and precautionary measures to be undertaken, within such
timelines as may be prescribed. 30

(3) Where a person referred to in sub-section (1) gives a notice of his exercise of
the right relating to his property with the bona fide intention of averting imminent
danger of personal injury to himself or any other person, such person shall be deemed
to have complied with the provisions of the said sub-section.
(4) Any person who fails to comply with the provisions of sub-section (1), or 35
deals with any property in such a manner as is likely to cause, or causes, damage to any
telecommunication network, or is likely to interrupt or interfere, or interrupts or interferes
with telecommunication services, a District Magistrate may, on the application of the
facility provider, order such person to abstain from dealing with such property in such
manner for a period not exceeding one month from the date of his order and forthwith to 40
take such action with regard to such property as may be in the opinion of the District
Magistrate necessary to remedy or prevent such damage, interruption or interference
during such period.
(5) If any dispute arises relating to damages, the matter shall be determined by the
authority referred to under sub-section (2) of section 18. 45

Dispute 18. (1) The District Magistrate, or any other authority as notified by the Central
resolution Government, within whose jurisdiction the property is situated, shall have the exclusive
relating to this
Chapter.
powers to resolve any disputes under this Chapter, except for disputes referred to
under sub-section (2) of this section.
 9
(2) If any dispute arises relating to compensation under sub-section (6) of
section 11, sub-section (2) and sub-section (4) of section 12, and sub-section (5) of
section 17, it shall, on an application made for that purpose by either of the disputing
parties to the District Judge within whose jurisdiction the property is situated, be
5 determined by him.
(3) Every determination of a dispute by a District Magistrate or District Judge
under this section, shall be final.
(4) Nothing in sub-section (3) shall affect the right of any person to recover by
suit the whole or any part of any compensation paid by the facility provider, from the
10 person who has received the same.

CHAPTER IV
STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION
NETWORKS

19. The Central Government may notify standards and conformity assessment Power to
15 measures in respect of— notify
standards.
(a) telecommunication equipment, telecommunication identifiers and
telecommunication network;
(b) telecommunication services, in consonance with any regulations notified
by the Telecom Regulatory Authority of India from time to time;
20 (c) manufacture, import, distribution and sale of telecommunication
equipment;
(d) telecommunication security, including identification, analysis and
prevention of intrusion in telecommunication services and telecommunication
networks;
25 (e) cyber security for telecommunication services and telecommunication
networks; and
(f) encryption and data processing in telecommunication.
20. (1) On the occurrence of any public emergency, including disaster management, Provisions for
or in the interest of public safety, the Central Government or a State Government or any public
emergency or
30 officer specially authorised in this behalf by the Central Government or a State Government, public safety.
if satisfied that it is necessary or expedient so to do, by notification—
(a) take temporary possession of any telecommunication service or
telecommunication network from an authorised entity; or
(b) provide for appropriate mechanism to ensure that messages of a user or
35 group of users authorised for response and recovery during public emergency
are routed on priority.
(2) On the occurrence of any public emergency or in the interest of public safety,
the Central Government or a State Government or any officer specially authorised in
this behalf by the Central Government or a State Government, may, if satisfied that it is
40 necessary or expedient to do so, in the interest of the sovereignty and integrity of
India, defence and security of the State, friendly relations with foreign States, public
order, or for preventing incitement to the commission of any offence, subject to such
procedure and safeguards as may be prescribed, and for reasons to be recorded in
writing, by order—
45 (a) direct that any message or class of messages, to or from any person or
class of persons, to or from any telecommunication equipment or class of
telecommunication equipment, or relating to any particular subject, brought for
 10
transmission by, or transmitted or received by any telecommunication service or
telecommunication network, shall not be transmitted, or shall be intercepted or
detained, or shall be disclosed in intelligible format to the officer mentioned in
such order; or
(b) direct that any telecommunication service or class of telecommunication 5
services to or from any person or class of persons, to or from any
telecommunication equipment or class of telecommunication equipment, or relating
to any particular subject, transmitted or received by any telecommunication service
or telecommunication network, shall be suspended.
(3) The press messages, intended to be published in India, of correspondents 10
accredited to the Central Government or a State Government shall not be intercepted
or detained, unless their transmission has been prohibited under clause (a) of
sub-section (2).
(4) The action specified under sub-section (1), sub-section (2) and
sub-section (3) shall be for such duration and in such manner as may be prescribed. 15

Measures for 21. The Central Government may, if satisfied that it is necessary or expedient so
national to do, in the interest of national security, friendly relations with foreign States, or in the
security, etc.
event of war, by notification take such measures as are necessary in the circumstances
of the case, including issuing directions in respect of the following, namely:—
(a) use of telecommunication equipment, telecommunication services, 20
telecommunication network and telecommunication identifiers;
(b) standards applicable to manufacture, import and distribution of
telecommunication equipment;
(c) standards to be adopted by authorised entities or assignees;
(d) procurement of telecommunication equipment and telecommunication 25
services only from trusted sources;
(e) suspension, removal or prohibition of the use of specified
telecommunication equipment and telecommunication services from countries or
person as may be notified; or
(f) taking over the control and management of, or suspending the operation 30
of, or entrusting any authority of the Central Government to manage any or all of
any telecommunication services, or any telecommunication network or part thereof,
connected with such telecommunication services.
Protection of 22. (1) The Central Government may by rules provide for the measures to protect
telecommunication and ensure cyber security of telecommunication networks and telecommunication 35
network and
services.
telecommunication
services. (2) The measures may include collection, analysis and dissemination of traffic
data that is generated, transmitted, received or stored in telecommunication networks.
Explanation.—For the purposes of this sub-section, the expression "traffic data"
means any data generated, transmitted, received or stored in telecommunication networks 40
including data relating to the type, routing, duration or time of a telecommunication.
(3) The Central Government may, by notification in the Official Gazette, declare
any telecommunication network, or part thereof, as Critical Telecommunication
Infrastructure, disruption of which shall have debilitating impact on national security,
economy, public health or safety. 45

(4) The Central Government may by rules provide for the standards, security
practices, upgradation requirements and procedures to be implemented for such Critical
Telecommunication Infrastructure.
 11

23. If it appears necessary or expedient so to do in the public interest, the Central Power to give
directions.
Government may direct any authorised entity to transmit in its telecommunication
services or telecommunication network, specific messages, in such manner as may be
specified.

5 CHAPTER V
DIGITAL BHARAT NIDHI
24. (1) The Universal Service Obligation Fund created under the Indian Telegraph Establishment
13 of 1885. Act, 1885, shall, from the appointed day, be the "Digital Bharat Nidhi", under the of Digital
control of the Central Government, and shall be used to discharge functions as set Bharat Nidhi.
10 forth in this Act.
(2) Any sums of money attributable to the Digital Bharat Nidhi that is paid
pursuant to an authorisation under section 3, shall be credited to the Digital Bharat Nidhi.
(3) The balance to the credit of the Digital Bharat Nidhi shall not lapse at the end
of the financial year.
15 (4) All amounts payable under licences granted prior to the appointed day
towards the Universal Service Obligation, shall be deemed to be the amounts payable
towards the Digital Bharat Nidhi.
25. The sums of money received towards the Digital Bharat Nidhi under Crediting of
sum to
section 24, shall first be credited to the Consolidated Fund of India, and the Central
Consolidated
20 Government may, if Parliament by appropriation made by law in this behalf so provides, Fund of India.
credit such proceeds to the Digital Bharat Nidhi from time to time for being utilised
exclusively to meet any or all of the following objectives, namely:—
(a) support universal service through promoting access to and delivery of
telecommunication services in underserved rural, remote and urban areas;
25 (b) support research and development of telecommunication services,
technologies, and products;
(c) support pilot projects, consultancy assistance and advisory support
towards provision of service under clause (a) of this section;
(d) support introduction of telecommunication services, technologies, and
30 products.
26. The Digital Bharat Nidhi shall be administered in a manner, as may be Administration
prescribed. of Digital
Bharat Nidhi.
CHAPTER VI
INNOVATION AND TECHNOLOGY DEVELOPMENT

35 27. The Central Government may, for the purposes of encouraging and facilitating Regulatory
sandbox.
innovation and technological development in telecommunication, create one or more
regulatory sandboxes, in such manner, and for such duration, as may be prescribed.
Explanation.—For the purposes of this section, the expression "regulatory
sandbox" refers to a live testing environment where new products, services, processes
40 and business models which may be deployed, on a limited set of users, for a specified
period of time, with certain relaxations from the provisions of this Act.
 12
CHAPTER VII
PROTECTION OF USERS
Measures for 28. (1) For the purposes of this section, "specified message" means any message
protection of offering, advertising or promoting goods, services, interest in property, business
users.
opportunity, employment opportunity or investment opportunity, whether or not— 5

(a) the goods, services, interest, or opportunity are real; or

(b) it is lawful to acquire such goods, services, property, interest or take up
the opportunity.
(2) The Central Government may by rules provide for measures for protection of
users, in consonance with any regulations notified by the Telecom Regulatory Authority 10
of India from time to time, including measures such as—
(a) the prior consent of users for receiving certain specified messages or
class of specified messages;
(b) the preparation and maintenance of one or more registers, to be called as
"Do Not Disturb" register, to ensure that users do not receive specified messages 15
or class of specified messages without prior consent; or
(c) the mechanism to enable users to report any malware or specified
messages received in contravention of this section.
(3) An authorised entity providing telecommunication services shall establish an
online mechanism to enable users to register any grievance pertaining to the 20
telecommunication service, and redressal of such grievances, in such manner as may be
prescribed.
Duty of users. 29. No user shall—
(a) furnish any false particulars, suppress any material information, or
impersonate another person, while establishing his identity for availing of 25
telecommunication services; or
(b) fail to share information as required under this Act.
Dispute 30. (1) The Central Government may establish or approve one or more online
resolution dispute resolution mechanisms for the resolution of disputes between users and
mechanism to
redress user
authorised entities providing telecommunication services. 30
grievances.
(2) Every authorised entity providing telecommunication services shall participate
in the dispute resolution mechanism established under sub-section (1), and shall comply
with such terms and conditions of participation in such mechanism as may be prescribed.
(3) This section shall not affect the rights of consumers under the Consumer
Protection Act, 2019. 3 5 35 of 2019.
CHAPTER VIII
ADJUDICATION OF CERTAIN CONTRAVENTIONS
Definitions of 31. For the purposes of this Chapter,—
terms used in
this Chapter. (a) "Adjudicating Officer" means an officer appointed under section 35;
and 40

(b) "Designated Appeals Committee" means the committee appointed under

section 36.
Breach of 32. (1) In case of breach of any of the terms and conditions of authorisation or
terms and
assignment granted under this Act, the Adjudicating Officer shall, pursuant to an inquiry
conditions of
authorisation under the provisions of this Chapter— 45
or assignment.
(a) pass an order in writing in respect of one or both of the following,
namely:—
 13
(i) direct such authorised entity, or assignee to do or abstain from
doing any act or thing to prevent such breach or for such compliance;
(ii) impose civil penalties as specified in the Second Schedule; and
(b) make recommendations for the consideration of the Central Government
5 regarding suspension, revocation, or curtailment of the duration of the
authorisation or assignment.
(2) The Central Government may, after due consideration of the recommendations
of the Adjudicating Officer under clause (b) of sub-section (1), suspend, curtail or
revoke the authorisation or assignment, as the case may be, which may be reversed if
10 the substantial violation is remedied to the satisfaction of the Central Government.
(3) While imposing penalties specified in the Second Schedule under this
section and section 33, the Adjudicating Officer shall have due regard to the following
factors, namely:—
(a) nature, gravity and duration of the contravention, taking into account
15 the scope of the contravention;
(b) number of persons affected by such contravention, and the level of harm
suffered by them;
(c) intentional or negligent character of the contravention;
(d) repetitive nature of the contravention;
20 (e) action taken by the concerned person to mitigate the contravention,
including by providing a voluntary undertaking under sub-section (1) or
sub-section (2) of section 34;
(f) revenue loss caused to the Central Government;
(g) any aggravating factors relevant to the circumstances of the case, such
25 as the amount of disproportionate gain or unfair advantage, wherever quantifiable,
made as a result of the contravention; and
(h) any mitigating factors relevant to the circumstances of the case, such as
the timely rectification of the contravention, or steps taken for the avoidance of
loss as a result of the contravention.
30 33. (1) The Adjudicating Officer shall, upon receipt of a complaint in such form, Contraventions
manner and accompanied by such fees as may be prescribed, relating to contravention of Act.
of this Act as specified in the Third Schedule, or suo motu, conduct an inquiry under
the provisions of this Chapter, pass an order in writing specifying the civil penalty up
to an amount as specified in the Third Schedule, payable by the person committing
35 such contravention.
(2) The provisions of the Third Schedule shall apply to the abetment of, or
attempt to commit, or conspiracy to commit such contravention, as they apply to such
contravention.
34. (1) Any authorised entity or assignee committing the contravention as Voluntary
40 provided under section 32 or under serial No. 4 of the Third Schedule may, prior to any undertaking
notice or initiation of process of determination of such contravention, submit a voluntary for
contraventions.
undertaking to the Adjudicating Officer, disclosing such contravention and measures
taken or to be taken to mitigate such contravention.
(2) The acceptance of voluntary undertaking given under sub-section (1), subject
45 to the provisions of sub-section (6), shall constitute a bar on proceedings under this
Chapter.
 14
(3) Where the Adjudicating Officer has reasonable grounds to believe that a
contravention as provided under section 32 or under serial No. 4 of the Third Schedule
may have occurred, then it shall serve a notice to the authorised entity or assignee
concerned under the relevant section.
(4) At any time during the process of hearing under sub-section (3), the authorised 5
entity or assignee, may, submit a voluntary undertaking specifying the mitigation
measures it proposes to take in respect of such contravention.
(5) The acceptance of the voluntary undertaking submitted under sub-section (4),
subject to the provisions of sub-section (6), shall be construed as a mitigation measure
and shall be duly considered for the purpose of determination of civil penalties under 10
clause (a) of sub-section (1) of section 32, or under serial No. 4 of the Third
Schedule.
(6) The voluntary undertaking under sub-section (1) or sub-section (4) of this
section, may include an undertaking to take a specified action within a specified time;
an undertaking to refrain from taking a specified action; and an undertaking to publicise 15
the voluntary undertaking.
(7) The Adjudicating Officer may accept the voluntary undertaking under
sub-section (1) or sub-section (4), or with the agreement of the authorised entity or
assignee providing the voluntary undertaking, vary the terms included in such voluntary
undertaking. 20

(8) When the authorised entity or assignee providing a voluntary undertaking

fails to comply with any terms of such undertaking, the Adjudicating Officer may, after
giving such authorised entity or assignee a reasonable opportunity of being heard,
proceed with imposition of civil penalties specified under the Second Schedule or the
Third Schedule, as applicable. 25

Adjudicating 35. (1) For the purposes of this Chapter, the Central Government shall, by an
Officer. order published in the Official Gazette, appoint any officer of the Central Government
not below the rank of Joint Secretary as one or more Adjudicating Officers for holding
an inquiry in such manner as may be prescribed.
(2) The Adjudicating Officer may, upon the holding of such inquiry, pass such 30
order as he deems fit in accordance with the provisions of section 32 or section 33.
Designated 36. (1) The Central Government may, by an order published in the Official Gazette,
Appeals appoint officers of the Central Government not below the rank of Additional Secretary,
Committee. as members of one or more Designated Appeals Committee to which any person aggrieved
by an order made by the Adjudicating Officer under sub-section (1) of section 32 or 35
under section 33, may prefer an appeal.
(2) Every appeal under sub-section (1) shall be filed within a period of thirty days
from the date on which the copy of the order made by the Adjudicating Officer is
received by the aggrieved person, and shall be in such form, manner and be accompanied
by such fees as may be prescribed. 40

Process to be 37. (1) The functioning of the Adjudicating Officer and the Designated Appeals
followed by
Committee shall, as far as possible, be digital by design and they shall function as
Adjudicating
Officer and digital offices and deploy such techno-legal measures as may be prescribed, to enable
Designated online process for their functioning.
Appeals
Committee.
(2) The Adjudicating Officer and Designated Appeals Committee shall have the 45
same powers as a civil court, and all proceedings before it shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. 45 of 1860.

Enforcement. 38. Any order made by the Adjudicating Officer or the Designated Appeals
Committee shall be executable in the same manner as if it were a decree of civil court;
and such orders shall be deemed to be final decrees under this section on the expiry of 50
the period allowed for preferring an appeal against such orders as provided in section 36
and section 39.
 15
39. Any person aggrieved by an order of the Designated Appeals Committee Appeals on
under section 36, in so far as it pertains to matters under sub-section (1) of section 32, matters
relating to
or an order of the Central Government under sub-section (2) of section 32, may prefer section 32.
an appeal to the Telecom Disputes Settlement and Appellate Tribunal constituted under
24 of 1997. 5 section 14 of the Telecom Regulatory Authority of India Act, 1997, within a period of
thirty days from the date on which a copy of the order is received by such authorised
entity or assignee.
40. Any person aggrieved by an order of the Designated Appeals Committee Appeals on
under section 36, in so far as it pertains to matters under section 33, may prefer an matters
relating to
10 appeal to any civil court having jurisdiction over the matter. section 33.

41. No civil court shall have jurisdiction in respect of any matter which the Jurisdiction of
Adjudicating Officer, the Designated Appeals Committee, the Central Government or civil court
barred.
the Telecom Disputes Settlement and Appellate Tribunal are empowered by or under
this Chapter to determine.

15 CHAPTER IX
OFFENCES
42. (1) Whoever provides telecommunication services or establishes General
telecommunication network without authorisation under sub-section (1) of section 3, provisions
relating to
or causes damage to critical telecommunication infrastructure shall be punishable with offences.
20 imprisonment for a term which may extend to three years, or with fine which may extend
up to two crore rupees, or with both.
(2) Whoever directly or indirectly or through personation—
(a) gains or attempts to gain unauthorised access to a telecommunication
network or to data of an authorised entity or transfers data of an authorised
25 entity; or
(b) intercepts a message unlawfully,
shall be punishable with imprisonment for a term which may extend to three years, or
with fine which may extend up to two crore rupees, or with both.
Explanation.—For the purposes of this sub-section,—
30 (i) the expression "personation" shall have the same meaning as assigned
45 of 1860. to it under section 416 of the Indian Penal Code;
(ii) data of an authorised entity includes call data records, internet protocol
data records, traffic data, subscriber data records and the like.
(3) Whoever,—
35 (a) possesses or uses without an authorisation, any equipment that blocks
telecommunication;
(b) uses telecommunication identifiers not allotted or permitted in accordance
with sub-sections (8) and (9) of section 3;
(c) tampers with telecommunication identifiers;

40 (d) possesses radio equipment without an authorisation or an exemption

that can accommodate more than specified number of subscriber identity modules;
(e) obtains subscriber identity modules or other telecommunication
identifiers through fraud, cheating or personation;
(f) wilfully possesses radio equipment knowing that it uses unauthorised or
45 tampered telecommunication identifiers,
 16
shall be punishable with imprisonment for a term which may extend to three years, or
with fine which may extend up to fifty lakh rupees, or with both.
(4) Whoever wilfully contravenes any measures specified in the notification on
national security under section 21 shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend up to two crore rupees, 5
or with both and the Central Government may, if it deems fit, also suspend or terminate
the telecommunication service of such person.
(5) Whoever causes damage to telecommunication network, other than critical
telecommunication infrastructure shall be liable for compensation for the damage caused
and fine which may extend up to fifty lakh rupees. 10

(6) Whoever abets any offence, or attempts to commit, or conspires to commit an

offence under this Act, shall if the act abetted or conspired is committed in consequence
of such abetment or conspiracy, be punished with the punishment provided for the
offence.
(7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 15 2 of 1974.
all offences specified under this section shall be cognizable and non-bailable.
(8) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate of first class shall try any offence punishable under this Act.
Power to 43. Any officer authorised by the Central Government in this behalf, may search
search. any building, vehicle, vessel, aircraft or place in which he has reason to believe that any 20
unauthorised telecommunication network or telecommunication equipment or radio
equipment in respect of which an offence punishable under section 42 has been
committed, is kept or concealed and take possession thereof.
Supply of 44. Notwithstanding anything contained in any law for the time being in force,
information where the Central Government is satisfied that any information, document or record in 25
to authorised
officers.
possession or control of any authorised entity or assignee relating to any
telecommunication service, telecommunication network or use of spectrum, availed by
any entity or consumer or subscriber is necessary to be furnished in relation to any
pending or apprehended civil or criminal proceedings, an officer, specially authorised
in writing by the Central Government in this behalf, shall direct such authorised entity 30
or assignee to furnish such information, document or record to him and the authorised
entity or assignee shall comply with the direction of such officer.

CHAPTER X
MISCELLANEOUS
Creation of 45. The Central Government may provide for such security interest which an 35
security authorised entity may provide to lenders financing such entities on such terms and
interests.
conditions of such security interest as may be prescribed.
Certification 46. The Central Government may grant certification to any person to operate a
of person for radio equipment on such class of vessels registered under the Merchant Shipping
operation of
Act, 1958, aircrafts registered under the Aircraft Act, 1934 and any other category of 4 0 44 of 1958.
radio
vessels or vehicles as may be notified by the Central Government, in accordance with 22 of 1934.
equipment on
a vessel or such terms and conditions, including applicable fees and charges, as may be prescribed.
aircraft.

Certification 47. The Central Government may by rules provide for the manner of certification
for amateur of person to install and operate an amateur station and such rules may specify the
station
qualifications and terms and conditions subject to which, a certification for operating 45
operator.
an amateur station may be granted, including through conduct of examinations for
granting such certification, the fees and charges to be paid thereof, and other connected
matters.
 17

Explanation.—For the purposes of this section,—

(a) "amateur services" means radio communication services for the
purpose of self-training, intercommunication and technical investigations
carried out by amateurs, that is, by duly authorised person interested in
5 radio technique solely with a personal aim and without any pecuniary
interest;
(b) "amateur station" means a radio station operated by an amateur
for amateur services.
48. No person shall possess or use any equipment that blocks telecommunication Prohibition of
10 unless permitted by the Central Government, or any authority authorised for specific use of
equipment
purpose by the Central Government. which blocks
telecommuni-
cation.
49. (1) The penalties imposed pursuant to the provisions of Chapter VIII or Penalties not
Chapter IX, shall be in addition to, and not in derogation of, any liability in respect of to affect other
liabilities.
payment of compensation or payment of any fees or charges due by an authorised
15 entity or assignee.
(2) The provisions of this Act are in addition to and without prejudice to any
other liability which a person may have incurred under any other law for the time being
in force.
50. This Act shall apply to any offence committed or contravention made outside Act to apply
for offence or
20 India by any person if the act or conduct constituting such offence or contravention contravention
involves a telecommunication service provided in India, or telecommunication equipment committed
or telecommunication network located in India. outside India.

51. No suit, prosecution or other legal proceeding shall lie against the Central Protection of
Government, the State Government, or any other authority under this Act or any person action taken
in good faith.
25 acting on their behalf, as the case may be, for anything which is done in good faith, or
intended to be done in pursuance of this Act or any rule, regulation or order made thereunder.
52. (1) The provisions of this Act shall be in addition to, and not be construed in Consistency
derogation of the provisions of any other law, and shall be construed as consistent with other
laws.
with such law, for the time being in force.
30 (2) If any conflict arises between a provision of this Act and a provision of any
other law for the time being in force in the whole of India or restricted to the application
within the territory of any State, the provision of this Act shall prevail to the extent of
such conflict.
53. The implementation of the Act shall be digital by design and the Central Implementation
35 Government shall take any such measures as necessary to enable the digital of Act.
implementation of the Act.
54. No employee of an authorised entity shall, in any legal proceeding to which Employee of
such authorised entity is not a party, be compelled to appear as a witness to prove the authorised
entity not to
information contained in any electronic records submitted under sub-section (4) of be compelled
1 of 1872. 40 section 65B of the Indian Evidence Act, 1872, except as required by order of the Court to appear as
or a Judge made for special cause. witness.

55. The privilege of the Central Government to grant authorisations or assignment Rights in
under this Act in the Continental Shelf and the Exclusive Economic Zone of India and Continental
Shelf and
the rights of an authorised entity or assignee, as the case may be, shall be subject to the Exclusive
45 Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Economic
80 of 1976. Zones Act, 1976, and applicable international laws as accepted and ratified by India. Zone.

56. (1) The Central Government may, by notification, and subject to the condition Power of
of previous publication, make rules not inconsistent with the provisions of this Act, to Central
Government
carry out the purposes of this Act. to make rules.
 18

(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
(a) the terms and conditions, including fees or charges for obtaining
authorisation under sub-section (1) of section 3;
(b) the manner of exemption for providing authorisation under sub-section (3) 5
of section 3;
(c) the terms and conditions, including fees and charges, applicable to the
original authorised entity that emerges pursuant to any merger, demerger,
acquisition, or other forms of restructuring, under sub-section (5) of section 3;
(d) the terms and conditions for migration under sub-section (6) of 10
section 3;
(e) the verifiable biometric based identification to be used by an authorised
entity of telecommunication services under sub-section (7) of section 3;
(f) the terms and conditions, including fees or charges for allotment of
telecommunication identifiers for use by authorised entities under 15
sub-section (8) of section 3;
(g) the terms and conditions for the assignment of spectrum, including the
frequency range, methodology for pricing, price, fees and charges, payment
mechanism, duration and procedure under sub-section (3) of section 4;
(h) the manner of exemptions for assignment of spectrum under 20
sub-section (7) of section 4;
(i) the terms and conditions for re-farming and harmonisation under section 5;
(j) the terms and conditions, including applicable fees and charges, and any
other relevant condition subject to which the utilisation of the spectrum in a
flexible, liberalised and technologically neutral manner under section 6; 25

(k) the terms and conditions for optimal utilisation of spectrum under
sub-section (1) of section 7;
(l) the period of unutilised spectrum for insufficient reasons and further
terms and conditions relating to spectrum utilisation under sub-section (2) of
section 7; 30

(m) the terms and conditions, including applicable fees or charges for sharing,
trading, leasing and surrender of assigned spectrum, under sub-section (2) of
section 8;
(n) the timeline for granting permission for right of way for
telecommunication network in public property; and the amount for administrative 35
expenses and compensation for right of way under sub-section (3) of section 11;
(o) the procedure to be followed by a facility provider to enter, survey,
establish, operate, maintain, repair, replace or relocate the telecommunication
network, including the notice period, the manner of issuance of notice, the
framework governing objections by owner or occupier of the property, the manner 40
in which such objections would be resolved, and matters relating to the
compensation payable for any damage under sub-section (5) of section 12;
(p) the terms and conditions, including charges for right of way, and
compensation for damage to the property, under sub-section (6) of section 12;
 19

(q) the terms and conditions, including fees and charges subject to which
the telecommunication network to be made available on open access basis to
facility providers under sub-section (2) of section 15;
(r) the procedure and manner for giving prior notice under sub-section (1)
5 of section 17;
(s) the timeline for responding the notice with details of telecommunication
network and precautionary measures to be undertaken by the facility provider
under sub-section (2) of section 17;
(t) the procedure and safeguards for public emergency or public safety
10 under sub-section (2) of section 20;
(u) the duration and manner of taking action for public emergency or public
safety under sub-section (4) of section 20;
(v) the measures to protect and ensure cyber security of, telecommunication
networks and telecommunication services under sub-section (1) of section 22;
15 (w) the standards, security practices, upgradation requirements and
procedures to be implemented for the Critical Telecommunication Infrastructure
under sub-section (4) of section 22;
(x) the manner for administration of Digital Bharat Nidhi under section 26;
(y) the manner and duration for creating Regulatory Sandbox under
20 section 27;
(z) the measures for protection of users under sub-section (2) of
section 28;
(za) the manner for registration of any grievance and redressal of such
grievances pertaining to the telecommunication service under sub-section (3) of
25 section 28;
(zb) the terms and conditions for participating in the dispute resolution
mechanism under sub-section (2) of section 30;
(zc) the form, manner and fees to be accompanied with the complaint under
sub-section (1) of section 33;
30 (zd) the manner for holding inquiry by the Adjudicating Officer under
sub-section (1) of section 35;
(ze) the form, manner and fees for filing an appeal before the Designated
Appeals Committee under sub-section (2) of section 36;
(zf) the techno-legal measures for functioning of the Adjudicating Officer
35 and the Designated Appeals Committee under sub-section (1) of section 37;
(zg) the terms and conditions of security interest under section 45;
(zh) the terms and conditions, including applicable fees and charges for
granting certificates under section 46;
(zi) the manner of certification, qualification, and terms and conditions,
40 including fees and charges for the examination for amateur station operator under
section 47;
(zj) any other matter which is to be, or may be, prescribed, or in respect of
which provision is to be made by rules.
(3) Every rule made under this Act and amendment to the Schedule made under
45 section 57 shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both
 20
Houses agree in making any modification in the rule or amendment to the Schedule or
both Houses agree that the rule or amendment to the Schedule should not be made, the
rule or amendment to the Schedule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, any such modification or
annulment shall be without prejudice to the validity of anything previously done under 5
that rule or amendment to the Schedule.
Power of 57. (1) Subject to the provisions of this section, the Central Government may, by
Central notification,—
Government
to amend (a) amend the First Schedule;
Schedules.
(b) amend the Second Schedule or the Third Schedule: 10

Provided that penalty or civil penalty specified in such Schedules shall be not
exceeding ten crore rupees.
(2) Any amendment made under sub-section (1) shall have effect as if enacted in
this Act and shall come into force on the date of the notification, unless the notification
otherwise directs. 15

Power to 58. (1) If any difficulty arises in giving effect to the provisions of this Act, the
remove Central Government may, by order published in the Official Gazette, make such
difficulties. provisions, not inconsistent with the provisions of this Act, as may be necessary or
expedient, for removing the difficulty:
Provided that no order shall be made under this section after the expiration of 20
three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Amendment 59. In the Telecom Regulatory Authority of India Act, 1997,—
to Act 24 of
1997. (a) in section 2,— 25

(i) in sub-section (1),—

(A) for clause (e), the following clause shall be substituted,
namely:—
'(e) "licensee" means an authorised entity providing
telecommunication services under the Telecommunications 30
Act, 2023, or registered for providing cable television network
under the Cable Television Networks (Regulation) Act, 1995 or 7 of 1995.
any other Act for the time being in force;';
(B) for clause (ea), the following clause shall be substituted,
namely:— 35

'(ea) "licensor" means the Central Government which

grants an authorisation for telecommunication services under
the Telecommunications Act, 2023, or registration under the
Cable Television Networks (Regulation) Act, 1995 or any other 7 of 1995.
Act for the time being in force;'; 40

(C) after clause (j), the following clause shall be inserted,

namely:—
'(ja) "telecommunication" shall have the meaning as
assigned to it in the Telecommunications Act, 2023;';
(D) for clause (k), the following clause shall be substituted, 45
namely:—
'(k) "telecommunication services" means any service for
telecommunication;';
 21

(ii) in sub-section (2), for the words and figures "the Indian Telegraph
13 of 1885. Act, 1885 or the Indian Wireless Telegraphy Act, 1933", the words, figures
17 of 1933. and brackets "the Telecommunications Act, 2023 or the Cable Television
7 of 1995. Networks (Regulation) Act, 1995" shall be substituted;
5 (b) in section 4, for the proviso, the following provisos shall be substituted,
namely:—
"Provided that a person who is, or has been, in the service of
Government shall not be appointed—
(a) as a Chairperson unless such person has held the post of
10 Secretary to the Government of India or any equivalent post in the
Central Government or the State Government; or
(b) as a member unless such person has held the post of
Additional Secretary to the Government of India or any equivalent
post in the Central Government or the State Government:
15 Provided further that a person who is, or has been, in a service other
than that of Government, shall be appointed—
(a) as a Chairperson if such person has at least thirty years of
professional experience and has served as a member of the board of
directors or a chief executive of a company in the areas as specified in
20 this section; or
(b) as a Member if such person has at least twenty-five years of
professional experience and has served as a member of the board of
directors or chief executive of a company in the areas as specified in
this section.";
25 (c) in section 11,—
(i) in sub-section (1),—
13 of 1885. (A) for the words and figures "Indian Telegraph Act, 1885", the
words, figures and brackets "Telecommunications Act, 2023 or the
7 of 1995. Cable Television Networks (Regulation) Act, 1995" shall be
30 substituted;
(B) in the fifth proviso, for the portion beginning with the words
"may, within fifteen days from the date of receipt" and ending with the
words "take a final decision", the following shall be substituted,
namely:—
35 "shall, within thirty days from the date of receipt of such
reference communicate to the Central Government any further
recommendations that it may have, after considering the
reference made by the Central Government and after receipt of
further recommendation if any, the Central Government shall
40 take a final decision.";
(ii) in sub-section (2),—
13 of 1885. (A) for the words and figures "Indian Telegraph Act, 1885", the
words, figures and brackets "Telecommunications Act, 2023 or the
7 of 1995. Cable Television Networks (Regulation) Act, 1995" shall be
45 substituted;
 22
(B) after the proviso, the following proviso shall be inserted,
namely:—
"Provided further that the Authority may direct an
authorised entity or class of authorised entities providing
telecommunication services, to abstain from predatory pricing 5
that is harmful to competition, long term development and the
overall health of the telecommunication sector.";
(d) in section 14, in clause (a),—
(i) sub-clause (i) shall be omitted;
(ii) for paragraph (C), the following shall be substituted, namely:— 10

"(C) any disputes to be adjudicated by the Adjudicating

Officer or the Designated Appeals Committee under the
Telecommunications Act, 2023;
(iii) after clause (c), the following clause shall be inserted, namely:—
"(d) hear and dispose of appeals under section 39 of the 15
24 of 1997.
Telecommunications Act, 2023.";
(iv) Any action instituted under the Telecom Regulatory Authority of
India Act, 1997 and pending immediately before the appointed day in the
Telecom Disputes Settlement and Appellate Tribunal, shall continue to be
heard and disposed of by the Telecom Disputes Settlement and Appellate 20
Tribunal as if this Act had not been passed;";
(e) for section 38, the following section shall be substituted, namely:—
Application of "38. The provisions of this Act shall be in addition to the provisions
certain laws. of the Telecommunications Act, 2023 and, in particular, nothing in this Act
shall affect any jurisdiction, powers and functions required to be exercised 25
or performed by the appropriate authority in relation to any area falling
within the jurisdiction of such authority.".

CHAPTER XI
REPEAL AND SAVINGS
Repeal of 60. (1) Subject to the other provisions of this section, the enactments namely, the 30
certain Acts Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph 13 of 1885.
and savings. 17 of 1933.
Wires (Unlawful Possession) Act, 1950, are hereby repealed. 74 of 1950.
(2) Notwithstanding the repeal of the provisions aforesaid, anything done or
any action taken including any grant of license, registration or assignment, any order,
or proceeding, pending or ongoing, under the repealed provisions shall be deemed to 35
have been done or taken under this Act, and the provisions of this Act shall have effect
in relation thereto.
(3) The provisions of Part-III of the Indian Telegraph Act, 1885 shall continue to 13 of 1885.
apply to all cases pertaining to laying down of transmission lines under section 164 of
the Electricity Act, 2003 as if the Indian Telegraph Act, 1885 has not been repealed, and 4 0 36 of 2003.
the provisions of Part-III of the Indian Telegraph Act, 1885 shall continue in force with
reference to section 164 of the Electricity Act, 2003 till such time as section 164 of the
Electricity Act, 2003 is amended.
 23
13 of 1885. 61. All rules, orders, made or purported to have been made under the Indian Existing rules
17 of 1933. Telegraph Act, 1885 or under the Indian Wireless Telegraphy Act, 1933, or under the to continue.
74 of 1950. Telegraph Wires (Unlawful Possession) Act, 1950, shall, in so far as they relate to
matters for which provision is made in this Act and are not inconsistent therewith, be
5 deemed to have been made under this Act as if this Act had been in force on the date on
which such rules, orders were made, and shall continue in force unless and until they
are superseded by any rules made under this Act.
62. All acts of executive actions done, decisions taken, actions done, proceedings Validation of
taken and orders passed, prior to the appointed day, by the Central Government, by any certain acts
and indemnity.
10 officer of the Central Government, or by any other authority, with respect to assignment
of spectrum or provision of telecommunication services, or telecommunication network
or establishment of telecommunication infrastructure, in the belief or purported belief
that the acts done, decisions taken, actions done, and proceedings taken, were being
13 of 1885. done, taken or passed under the Indian Telegraph Act, 1885, the Indian Wireless
17 of 1933. 1 5 Telegraphy Act, 1933 or the Telegraph Wires (Unlawful Possession) Act, 1950, shall be
74 of 1950.
as valid and operative as if they had been done, taken or passed in accordance with
law; and no suit or other legal proceeding shall be maintained or continued against any
person whatsoever, on the ground that any such acts, decisions, proceedings taken
were not done or taken in accordance with law.
 THE FIRST SCHEDULE
[See sections 4 (4), (5) and 57(1)]
ASSIGNMENT OF SPECTRUM THROUGH ADMINISTRATIVE PROCESS

1. National security and defence.

2. Law enforcement and crime prevention.
3. Public broadcasting services.
4. Disaster management, safeguarding life and property.
5. Promoting scientific research, resource development, and exploration.
6. Safety and operation of roads, railways, metro, regional rail, inland waterways, airports,
ports, pipelines, shipping, and other transport systems.
7. Conservation of natural resources and wildlife.
8. Meteorological department and weather forecasting.
9. Internationally recognised dedicated bands for amateur stations, navigation, telemetry,
and other like usages.
10. Use by Central Government, State Governments, or their entities or other authorised
entities for safety and operations of mines, ports and oil exploration and such other
activities where the use of spectrum is primarily for supporting the safety and operations.
11. Public Mobile Radio Trunking Services.
12. Radio backhaul for telecommunication services.
Explanation.—The term "radio backhaul" shall mean the use of radio frequency only
to interconnect telecommunication equipment, other than the customer equipment in
telecommunication networks.
13. Community Radio Stations.
14. In-flight and maritime connectivity.
15. Space research and application, launch vehicle operations and ground station for satellite
control.
16. Certain satellite-based services such as: Teleports, Television channels, Direct To Home,
Headend In The Sky, Digital Satellite News Gathering, Very Small Aperture Terminal,
Global Mobile Personal Communication by Satellites, National Long Distance,
International Long Distance, Mobile Satellite Service in L and S bands.
17. Use by Central Government, State Governments or their authorised agencies for
telecommunication services.
18. Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited
(MTNL).
19. Testing, trial, experimental, demonstration purposes for enabling implementation of new
technologies, including for creation of one or more Regulatory Sandboxes.

24
 THE SECOND SCHEDULE
[See sections 32(1) (a) and 34 (8)]

CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS UNDER SECTIONS 32 AND 34.

Categorisation Civil Penalty

Severe Up to Rs. 5 Crore
Major Up to Rs. 1 Crore
Moderate Up to Rs. 10 lakh
Minor Up to Rs. 1 lakh
Non-severe Written warning.

25
 THE THIRD SCHEDULE
[See sections 33(1), (2), 34(1), (3), (5) and 34(8)]
CIVIL PENALTIES FOR CERTAIN CONTRAVENTIONS

Sl. No. Contravention under the Act Civil Penalty

1. (a) Possessing radio equipment without First Offence: Civil penalty up to fifty
an authorisation or an exemption, except thousand rupees .
for the offence under clauses (d) and (f) of Each subsequent offence: Civil penalty up
sub-section (3) of section 42; to two lakh rupees for each such instance.
(b) Use of subscriber identity modules in
excess of number notified.
2. Use by any person or entity of a Civil penalty up to ten lakh rupees.
telecommunication service or
telecommunication network knowing or
having reason to believe that such
telecommunication service or
telecommunication network does not have
the required authorisation under this Act.
3. Contravention of the provisions of First Offence: Civil penalty up to fifty
section 28 (Measures for protection of thousand rupees.
users). Each subsequent offence: Civil penalty up
to two lakh rupees for each such instance, or
suspension of telecommunication service, or
a combination thereof.
4. Contravention of any provision of this Act First Offence: Civil penalty up to twenty-five
or rules, or any terms or conditions of an thousand rupees.
assignment or authorisation in relation to Second or subsequent offence: Further Civil
any matter under this Act, for which no penalty up to fifty thousand rupees for every
penalty or punishment is provided day after the first during which the
elsewhere in this Act. contravention continues.

26
 STATEMENT OF OBJECTS AND REASONS
Telecommunication sector is a key driver of economic and social development. It is the
gateway to digital services. Security of our country is vitally dependent on safety of
telecommunication networks. Therefore, there is a need to create a legal and regulatory
framework that focuses on safe and secure telecommunication network that provides for
digitally inclusive growth.
2. The current legal framework is governed by three laws enacted in 1885, 1933 and
1950. The nature of telecommunication, its usage and underlying technologies have undergone
massive changes, especially in the past decade. Therefore, there is a need for enacting a
legislation for telecom sector that serves the needs of our society.
3. The Telecommunications Bill, 2023 amends and consolidates the laws relating to
development, expansion and operation of telecommunication services and telecommunication
networks; assignment of spectrum; and for matters connected therewith or incidental thereto.
4. The Bill, inter alia, seeks to provide for the following—
(a) A framework for authorisation of telecommunication services,
telecommunication networks, and possession of radio equipment; assignment and
efficient utilization of spectrum including provisions for harmonisation and re-farming;
development of new technologies; and regulatory sandbox for innovation using
spectrum;
(b) A framework for developing and maintaining telecom networks through right
of way provisions, and establishment of common ducts;
(c) A framework for standards and conformity assessment of telecommunication
equipment, telecommunication identifiers, telecommunication network and
telecommunication services;
(d) Provisions for national security, public emergency and public safety;
(e) Provisions for protection of users and defining duties of users;
( f ) A framework for resolution of disputes;
(g) Compliance framework for effective implementation of the proposed
legislation;
(h) Saving of Part III of Indian Telegraph Act, 1885 for cases pertaining to laying
of transmission lines under section 164 of Electricity Act, 2003;
(i) Repeal of the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act,
1933 and the Telegraph Wires (Unlawful Possession) Act, 1950; and
(j) Amendments to certain provisions of the Telecom Regulatory Authority of
India Act, 1997.
5. The Notes on Clauses explain in detail the various provisions contained in the Bill.
6. The Bill seeks to achieve the above objectives.

ASHWINI VAISHNAW.
NEW DELHI;
The 16th December, 2023.

27
 Notes on clauses
Clause 1 provides for the short title, extent and commencement of the proposed
legislation, and for enforcement of the various sections of the proposed legislation on
different dates.
Clause 2 defines the various terms and expressions used in the proposed legislation.
Sub-clause (1) of clause 3 provides that the authorisation from the Central Government
shall be mandatory for any person to provide telecommunication services, establish, operate,
maintain or expand telecommunication network, or possess radio equipment subject to such
terms and conditions including fees or charges as may be provided by rules.
Sub-clause (2) of clause 3 provides that while making rules under sub-clause (1) the
Central Governmentmayprovide for different terms and conditions of authorisation for different
types of telecommunication services, telecommunication network or radio equipment.
Sub-clause (3) of clause 3 provides that the Central Government, may provide by rules
in public interest may provide exemptions from requirement of authorisation.
Sub-clause (4) of clause 3 provides that exemptions granted under the Indian Telegraph
Act, 1885 or the Indian Wireless Telegraphy Act, 1933, shall continue under the proposed
legislation, unless otherwise notified by the Central Government.
Sub-clause (5) of clause 3 deals with merger, demerger or acquisition, or other forms of
restructuring of authorised entities and such other terms and conditions as may be provided
by rules.
Sub-clause (6) of clause 3 provides for continuity of any license, registration, permission,
by whatever name called, that have been granted prior to the appointed day of the proposed
legislation.
Sub-clause (7) of clause 3 provides that an authorised entity under the proposed
legislation which provides notified telecommunication services, shall be required to identify
the person to whom it provides telecommunication services through use of any verifiable
biometric based identification as may be provided by rules.
Sub-clause (8) of clause 3 provides that the Central Government mayallot
telecommunication identifiers for use by authorised entities subject to such terms and
conditions including fees or charges as may be provided by rules.
Sub-clause (9) of clause 3 provides that the Central Government may allow use of
telecommunication identifiers allotted by international bodies.
Sub-clause (1) of clause 4 provides that the Central Government is the owner of
spectrum on behalf of the people and shall assign the spectrum in accordance with the
proposed legislation and may notify a National Frequency Allocation Plan from time to time.
Sub-clause (2) of clause 4 provides that any person intending to use spectrum shall
require an assignment from the Central Government.
Sub-clause (3) of clause 4 provides that the Central Government may by rules provide
terms and conditions applicable for assignment of spectrum.
Sub-clause (4) of clause 4 provides that the Central Government shall assign spectrum
for telecommunication through auction, except for entries listed in the First Schedule for
which assignment shall be done by administrative process.
Sub-clause (5) of clause 4 specifies the Central Government may by notification amend
entries in the First Schedule in public interest or in order to perform government functions or
in cases where auction is not the preferred mode of assignment due to technical or economic
reasons.
28
 29
Sub-clause (6) of clause 4 provides for Central Government to provide exemptions in
the public interest, from the requirements of assignment under sub-clause (2).
Sub-clause (7) of clause 4 provides for continuity of any exemption that may have
been granted under the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy
Act, 1933 prior to the appointed day of the proposed legislation.
Sub-clause (8) of clause 4 provides for continuity of spectrum assigned through the
administrative process prior to the appointed day of the proposed legislation.
Sub- clause (9) of clause 4 provides for continuity of terms and conditions on which
any spectrum was assigned through auction prior to the appointed day of the proposed
legislation.
Clause 5 provides that the Central Government may allow re-farming or harmonisation
of spectrum to enable more efficient use of spectrum subject to such terms and conditions as
may be provided by rules.
Clause 6 provides that the Central Government may enable the utilisation of the
spectrum in a flexible, liberalised and technologically neutral manner subject to such terms
and conditions including applicable fees and charges as may be provided by rules.
Sub-clause (1) of clause 7 is an enabling provision to promote optimal use of the
available spectrum subject to such terms and conditions as may be provided by rules.
Sub-clause (2) of clause 7 provides the Central Government to terminate an assignment
or prescribe further terms and conditions, if it determines that the assigned spectrum has
remained unutilised without any sufficient reasons.
Sub-clause (1) of clause 8 provides for monitoring and enforcement mechanism to
enable interference-free use of the assigned spectrum.
Sub-clause (2) of clause 8 provides for the sharing, trading, leasing and surrender of
assigned spectrum.
Clause 9 provides that no person shall be entitled to the refund of any fees or charges
paid in respect of or under an authorisation or assignment, if such authorisation or assignment
is suspended, curtailed, revoked or varied.
Clause 10 provides for definitions of the terms "facility provider", "public entity" and
"public property" used in Chapter III.
Sub-clause (1) of clause 11provides that a facility provider may submit an application
to a public entityto seek permissions for right of way for telecommunication network in
public property.
Sub- clause (2) of clause 11 provides a public entity, receiving an application under
sub-clause (1) to grant permission for right of way.
Sub-clause (3) of clause 11 mandates the public entity to grant permission under
sub-clause (2) in an expeditious manner, and subject to prescribed administrative expenses
and compensation as maybe provided by rules.
Sub-clause (4) of clause 11 provides that any rejection of an application for right of
way shall be based on reasonable grounds to be recorded in writing.
Sub-clause (5) of clause 11 mandates that the facility provider shall do as little damage
as possible to the public property, and ensure that the functionality and continuity of
operations over such public property is not adversely affected.
Sub-clause (6) of clause 11 provides for obligations of the facility provider if any
damage is caused to the property.
 30
Sub-clause (7) of clause 11 provides that the provisions of clause 11 shall be applicable
to any public property vested for such projects or class of projects as notified by the Central
Government, and in such cases, applications for right of way shall be made to the public
entity granting the concession, contract or permission for such projects.
Sub-clause (1) of clause 12 provides for application process for right of way on property
other than public property. A facility provider in such a case is required to submit an application
for right of way for telecommunication network to the person under whose ownership,
control or management of such property is vested.
Sub-clause (2) of clause 12 provides that the person receiving the application under
sub-clause (1) shall provide right of way subject to mutual agreement with the facility provider.
Sub-clause (3) of clause 12 mandates the facility provider to do as little damage as
possible to the property when exercising right of way.
Sub- clause (4) of clause 12 provides for obligations of the facility provider in case of
any damage to the property.
Sub-clause (5) of clause 12 provides the Central Government to set forth procedure for
right of way on property other than public property.
Sub-clause (6) of clause 12 deals with situations when the person under
sub-clause (2) of clause (12) fails to provide the right of way requested.In such situations,
the Central Government may, in the public interest, determine that such facility provider shall
be permitted the right of way to establish, operate, maintain such telecommunication network,
subject to prescribed terms and conditions.
Clause 13 provides that any person providing right of way under Clauses 11 or 12,
shall ensure grant of right of way to the facility providers in a non-discriminatory manner
and, as far as practicable, on a non-exclusive basis.
Sub-clause (1) of clause 14 provides that a facility provider shall not have any right,
title or interest in the property on which telecommunication network is established, except
the right to use the property as provided under Clauses 11 or 12.
Sub-clause (2) of clause 14 provides that the telecommunication network installed on
any property, shall not be subject to any claims, encumbrances, liquidation or the like,
relating to such property.
Sub-clause (3) of clause 14 provides that telecommunication network installed on any
property, shall not be considered as part of such property, including for the purposes of any
transaction related to that property, or any property tax, levy, cess, fees or duties as may be
applicable on that property.
Sub- clause (4) of clause 14 provides that, except for cases where action is necessary
to deal with any natural disaster or public emergency, no public entity shall take coercive
actions such as sealing, preventing access, or forcible shutdown of the telecommunication
network,unless permission of an officer authorised by the Central Government has been
obtained for this purpose.
Sub-clause (1) of clause 15 provides for the Central Government to notify infrastructure
projects thatare mandated to establish common ducts or conduits or cable corridors, for
installation of telecommunication network.
Sub-clause (2) of clause 15 provides that the telecommunication network referred to in
sub-clause (1) shall be made available on open access basis to facility providers, subject to
suchterms and conditions including fees and charges as may be provided by rules.
Sub-clause (1) of clause 16 deals with situations when telecommunication network
may need to be relocated or altered, pursuant to the interests of the person entitled to deal
with the underlying property where the telecommunication network has been placed. Such
person may request the facility provider to undertake the relocation or alteration.
 31
Sub-clause (2) of clause 16 provides for adjustment of the compensation while defraying
the expense of the relocation or alteration.
Sub-clause (3) of clause 16 provides that if any dispute arises, the matter shall be
determined by the authority referred to in sub-clause (2) of clause 18.
Sub-clause (4) of clause 16 provides that if the facility provider omits to comply with
the requisition for relocation or alteration, the person making such requisition may apply to
the District Magistrate within whose jurisdiction the property is situated, to order the
relocation or alteration.
Sub-clause (5) of clause 16 deals with powers of the District Magistrate while receiving
the application for relocation or alteration.
Sub-clause (1) of clause 17 provides for the procedure to be followed if a person is
desirous to deal with their property in a manner likely to cause damage to or interrupt or
interfere with the telecommunication network established on such property or with
telecommunication services.
Sub-clause (2) of clause 17 provides for obligations of the facility provider, the Central
Government or any other authority to provide details of telecommunication network and
precautionary measures to be undertaken, within such timelines as may be provided by
rules.
Sub-clause (3) of clause 17 deals with situations where notice under sub-clause (1) is
given by a person in exercise of rights relating to their property with the bona fide intention
of averting imminent danger of personal injury to himself.
Sub-clause (4) of clause 17 provides the procedure when a person fails to comply with
the requirement of giving notice or deals with the property in a manner that is likely to cause
or causes damage to the telecommunication network or interrupts or interferes with it.
Sub-clause (5) of clause 17 provides that any dispute in relation to damages shall be
determined by the District Judge.
Sub-clause (1) of clause 18 provides for dispute resolution powers of the District
Magistrate relating to right of way.
Sub-clause (2) of clause 18 provides that disputes relating to compensation shall be
determined by the District Judge within whose jurisdiction the property is situated.
Sub-clause (3) of clause 18 provides that every determination of a dispute by the
District Magistrate or District Judge shall be final.
Sub-clause (4) of clause 18 provides that nothing shall affect the right of any person
to recover by suit the whole or part of any compensation paid by the facility provider, from
the person who has received the same.
Clause 19 empowers the Central Government to notify standards and conformity
assessment measures in respect of telecommunication services, telecommunication network,
telecommunication equipment, or telecommunication identifiers.
Sub-clause (1) of clause 20 provides for powers of the Central Government or State
Government in relation to temporary possession of any telecommunication services or
telecommunication network, and appropriate mechanism for priority routing of messages,
upon occurrence of any public emergency, orfor disaster management, or in the interest of
public safety.
Sub-clause (2) of clause 20 provides for other actions in relation to occurrence of
public emergency or in the interest of public safety, where the Central Government, or a State
Government, is satisfied that it is necessary or expedient to do so, in the interest of the
sovereignty and integrity of India, defence and security of the State, friendly relations with
foreign States, public order, or for preventing incitement to the commission of any offence.
 32
Sub-clause (3) of clause 20 provides that press messages, intended to be published in
India, of correspondents accredited to the Central Government or a State Government shall
not be intercepted or detained unless their transmission is specifically prohibited by order.
Sub-clause (4) of clause 20 provides that the actions taken under Clause 20 shall only
be for such duration and in such manner as prescribed.
Clause 21 deals with measures that the Central Government may takein the interest of
national security.
Sub-clause (1) of clause 22 provides for measures to ensure cybersecurity of
telecommunication network and telecommunication services.
Sub-clause (2) of clause 22 provides that these measures may include collection,
analysis and dissemination of traffic data that is generated, transmitted, received or stored in
telecommunication networks.
Sub-clause (3) of clause 22 provides that the Central Government may by notification,
declare any telecommunication network, or part thereof, as Critical Telecommunication
Infrastructure.
Sub-clause (4) of clause 22 provides the Central Government may by rules provide for
the standards, security practices and upgradation requirements for such Critical
Telecommunication Infrastructure.
Clause 23 empowers the Central Government to direct any authorised entity to transmit
specific messages in public interest.
Sub-clause (1) of clause 24 provides that the Universal Service Obligation Fund under
the Indian Telegraph Act, 1885 shall be the Digital Bharat Nidhi under the proposed Act.
Sub-clause (2) of clause 24 provides that any sums of money attributable to the Digital
Bharat Nidhithat are paid pursuant to an authorisation under clause 3 shall be credited to the
Digital Bharat Nidhi.
Sub-clause (3) of clause 24 provides that the balance to the credit of Digital Bharat
Nidhishall not lapse at the end of the financial year.
Sub-clause (4) of clause 24 provides that all amounts payable under licenses granted
prior to the appointed day towards the Universal Service Obligation Fundshall be deemed to
be amounts payable towards the Digital Bharat Nidhi.
Clause 25 provides for the mechanism for crediting of sums of money received towards
the Digital Bharat Nidhi, and the objectives of the Digital Bharat Nidhi.
Clause 26 provides that the Digital Bharat Nidhishall be administered in a manner, as
may be provided by rules.
Clause 27 empowers the Central Government to create one or more regulatory sandboxes
for the purposes of encouraging and facilitating innovation and technological development
in telecommunication.
Sub-clause (1) of clause 28 defines the term "specified message".
Sub-clause (2) of clause 28 provides that the Central Government, may make rules to
provide for measures for protection of users in consonance with any regulations notified by
the Telecom Regulatory Authority of India.
Sub-clause (3) of clause 28 provides that an authorised entity providing
telecommunication services shall establish an online mechanism for redressal of user
grievances in such manner as may be provided by rules.
Clause 29 specifies the duty of users under the proposed legislation.
 33
Sub-clause (1) of clause 30 provides that the Central Government may establish or
approve one or more online dispute resolution mechanisms for resolution of disputes between
users and authorised entities.
Sub-clause (2) of clause 30 provides that every authorised entity providing
telecommunication services shall participate in the dispute resolution mechanism established
under sub-clause (1).
Sub-clause (3) of clause 30 provides that participation in this mechanism shall not
affect the rights of consumers under the Consumer Protection Act, 2019.
Clause 31 provides for definitions of "Adjudicating Officer" appointed under
Clause 35, and "Designated Appeals Committee" appointed under Clause 36.
Sub-clause (1) of clause 32 provides for the powers of the Adjudicating Officer with
reference to breach of any terms and conditions of authorisation or assignment granted
under the proposed legislation.
Sub-clause (2) of clause 32 provides for measures that the Central Government may
take after duly considering recommendations of the Adjudicating Officer.
Sub-clause (3) of clause 32 specifies factors that the Adjudicating Officer would need
to considerwhile imposing penalties as specified under the Second Schedule of the proposed
legislation.
Sub-clause (1) of clause 33 provides for powers of the Adjudicating Officerwhile
undertaking inquiry into contraventions as specified in the Third Schedule of the proposed
legislation.
Sub-clause (2) of clause 33 provides that provisions of the Third Schedule shall also
apply to the abetment of or attempt to commit, or conspiracy to commit such contravention.
Clause 34 provides for voluntary undertaking which may be submitted by an authorised
entity or assignee upon breach of terms and conditions of authorisation or assignment or
specific contraventions listed in the Third Schedule of the proposed legislation.
Clause 35 provides forthe appointment of one or more Adjudicating Officers.
Clause 36 provides for the appointment of officers to the Designated Appeals
Committee.
Clause 37 provides for the process to be followed by Adjudicating Officer and
Designated Appeals Committee.
Clause 38 provides for enforcement of orders of the Adjudicating Officer and
Designated Appeals Committee.
Clause 39 provides that appeals from the orders of Designated Appeals Committee
with respect to matters under sub-clause (1) of clause 32 or orders of the Central Government
under sub-clause (2) of clause 32 shall lie with Telecom Disputes Settlement and Appellate
Tribunal constituted under the Telecom Regulatory Authority of India Act, 1997.
Clause 40 provides that appeals from the orders of Designated Appeals Committee
with respect to matters under clause 33 shall lie with any civil court having jurisdiction over
the matter.
Clause 41 provides that no civil court shall have jurisdiction in respect of any matter
which the Adjudicating Officer, the Designated Appeals Committee, the Central Government
or the Telecom Disputes Settlement and Appellate Tribunal are empowered by the proposed
Legislation to determine.
Clause 42 relates to general provisions relating to offences.
Clause 43 provides for powers of search by an authorised officer in relation to offences
under the proposed Legislation.
 34
Clause 44 provides for supply of information to authorised officers.
Clause 45 provides for the Central Government to provide by rules the security interest
that an authorised entity may provide to lenders financing such entities.
Clause 46 provides the grant of certification for operation of radio equipment on
vessels registered under the Merchant Shipping Act, 1958, aircrafts registered under the
Aircraft Act, 1934 and any other category of vessels or vehicles as notified.
Clause 47 deals with certification required for installation and operation of an amateur
station.
Clause 48 prohibits possession or use of any equipment that blocks telecommunication,
unless permitted by the Central Government.
Clause 49 provides that penalties imposed under the proposed legislation shall be in
addition to, and not in derogation of, any liability in respect of payment of compensation or
payment of any fees or charges due by an authorised entity or assignee.
Clause 50 provides for the applicability of the proposed legislation to offences or
contraventions committed outside India.
Clause 51 provides for protection of action taken in good faith.
Clause 52 provides for consistency with other laws.
Clause 53 provides that the implementation of the proposed legislation shall be digital
by design.
Clause 54 provides that an employee of an authorised entity shall not be compelled to
appear as witness, in any legal proceeding to which such authorised entity is not a party, to
prove the electronic records, except as required by order of the Court or a Judge made for
special cause.
Clause 55 provides that authorisations or assignment in the Continental Shelf and the
Exclusive Economic Zone of India and the rights of an authorised entity or assignee, shall be
subject to the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976, and applicable international laws as accepted and ratified by
India.
Clause 56 confers powers on theCentral Government to make rules.
Clause 57 confers powers on the Central Government to amend the Schedules of the
proposed legislation by notification.
Clause 58 provides power to remove difficulties.
Clause 59 provides for certain amendments to the Telecom Regulatory Authority of
India Act, 1997.
Clause 60 provides for the repeal of the Indian Telegraph Act, 1885, the Indian Wireless
Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950. Any action
taken including grant of license, registration or assignment, any order, or proceeding, pending
or ongoing, under the repealed legislations shall be deemed to have been done or taken
under the proposed legislation.
Clause 61 provides for existing rules to continue. It states that all rules, orders, made
or purported to have been made under the repealed acts shall continue until they are
superseded by rules under the proposed legislation.
Clause 62 deals with validation of certain acts and grant of indemnity.
The First Schedule is a list of the purposes for which spectrum shall be assigned
through administrative process.
 35
The Second Schedule provides for civil penalties for breach of terms and conditions of
authorisation or assignment.
The Third Schedule provides for civil penalties for certain contraventions of the
proposed legislation.
 FINANCIAL MEMORANDUM

Clause 9, sub-clauses (4) and (6) of clause 12, sub-clause (2) of clause 15, clause 25
and clause 33 of the Bill, inter alia, provides that the sums of money received towards the
Digital Bharat Nidhi established under clause 24, shall be credited to the Consolidated Fund
of India and the Central Government may after due appropriation made by Parliament by law
in this behalf, credit such proceeds to the Digital Bharat Nidhi from time to time for being
utilised exclusively to meet any or all of the objectives listed in the clause.

36
 MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 56 of the Bill, seeks to empower the Central Government, by notification and
subject to the condition of previous publication, not inconsistent with the provisions of the
Act, to make rules for—
(a) the terms and conditions, including fees or charges for obtaining authorisation
under sub-clause (1) of clause 3;
(b) the manner of exemption for providing authorisation under sub- clause (3) of
clause 3;
(c) the terms and conditions, including fees and charges, applicable to the original
authorised entity that emerges pursuant to any merger, demerger, acquisition, or other
forms of restructuring, under sub-clause (5) of clause 3;
(d) the terms and conditions for migration under sub-clause (6) of clause 3;
(e) the verifiable biometric based identification to be used by an authorised
entity of telecommunication services under sub-clause (7) of clause 3;
(f) the terms and conditions, including fees or charges for allotment of
telecommunication identifiers for use by authorised entities under sub-clause (8) of
clause 3;
(g) the terms and conditions for the assignment of spectrum, including the
frequency range, methodology for pricing, price, fees and charges, payment mechanism,
duration and procedure under sub-clause (3) of clause 4;
(h) the manner of exemptions for assignment of spectrum under sub-clause (6)
of clause 4;
(i) the terms and conditions for re-farming and harmonisation under clause 5;
(j) the terms and conditions, including applicable fees and charges, and any
other relevant condition subject to which the utilisation of the spectrum in a flexible,
liberalised and technologically neutral manner under clause 6 ;
(k) the terms and conditions for optimal utilisation of spectrum under
sub- clause (1) of clause 7;
(l) the period of unutilised spectrum for insufficient reasons and further terms
and conditions relating to spectrum utilisation under sub-clause (2) of clause 7;
(m) the terms and conditions, including applicable fees or charges for sharing,
trading, leasing and surrender of assigned spectrum, under sub-clause (2) of clause 8;
(n) the timeline for granting permission for right of way for telecommunication
network in public property; and the amount for administrative expenses and
compensation for right of way under sub-clause (3) of clause 11;
(o) the procedure to be followed by a facility provider to enter, survey, establish,
operate, maintain, repair, replace or relocate the telecommunication network, including
the notice period, the manner of issuance of notice, the framework governing objections
by owner or occupier of the property, the manner in which such objections would be
resolved, and matters relating to the compensation payable for any damage under
sub-clause (5) of clause 12;
(p) the terms and conditions, including charges for right of way, and compensation
for damage to the property, under sub-clause (6) of clause 12;

37
 38
(q) the terms and conditions, including fees and charges subject to which the
telecommunication network to be made available on open access basis to facility
providers under sub-clause (2) of clause 15;
(r) the procedure and manner for giving prior notice under sub-clause (1) of
clause 17;
(s) the timeline for responding the notice with details of telecommunication
network and precautionary measures to be undertaken by the facility provider under
sub-clause (2) of clause 17;
(t) the procedure and safeguards for public emergency or public safety under
sub-clause (2) of clause 20;
(u) the manner for taking action for public emergency or public safety under
sub- clause (4) of clause 20;
(v) the measures to protect and ensure cyber security of, telecommunication
networks and telecommunication services under sub-clause (1) of clause 22;
(w) the standards, security practices, upgradation requirements and
procedures to be implemented for the Critical Telecommunication Infrastructure under
sub-clause (4) of clause 22;
(x) the manner for administration of Digital Bharat Nidhi under clause 26;
(y) the manner and duration for Regulatory Sandbox under clause 27;
(z) the measures for protection of users under sub-clause (2) of clause 28;
(za) the manner for registration of any grievance and redressal of such grievances
pertaining to the telecommunication service under sub-clause (3) of clause 28;
(zb) the terms and conditions for participating in the dispute resolution mechanism
under sub-clause (2) of clause 30;
(zc) the form, manner and fees to be accompanied with the complaint under
sub-clause (1) of clause 33;
(zd) the manner for holding inquiry by the Adjudicating Officer under
sub-clause (1) of clause 35;
(ze) the form, manner and fee for filing an appeal before the Designated Appeals
Committee under sub-clause (2) of clause 36;
(zf) the techno-legal measures for functioning of Adjudicating Officer and the
Designated Appeals Committee under sub-clause (1) of clause 37;
(zg) the terms and conditions of security interest under clause 45;
(zh) the terms and conditions, including applicable fees and charges for granting
certificates under clause 46; and
(zi) the manner of certification, qualification, and terms and conditions, including
fees and charges for the examination for amateur station operator under clause 47.
2. The matters in respect of which the said rules may be made are matters of procedure
and administrative details, and as such, it is not practicable to provide for them in the
proposed Bill itself. The delegation of legislative power is, therefore, of a normal character.
 ANNEXURE
EXTRACTS FROM THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
(24 OF 1997)
* * * * *
2. (1) In this Act, unless the context otherwise requires,— Definitions.

* * * * *
(e) "licensee" means any person licensed under sub-section (1) of section 4 of
13 of 1885. the Indian Telegraph Act, 1885 for providing specified public telecommunication
services;
(ea) "licensor" means the Central Government or the telegraph authority who
13 of 1885. grants a licence under section 4 of the Indian Telegraph Act, 1885;
* * * * *
(k) "telecommunication service" means service of any description (including
electronic mail, voice mail, data services, audio tax services, video tax services, radio
paging and cellular mobile telephone services) which is made available to users by
means of any transmission or reception of signs, signals, writing, images and sounds
or intelligence of any nature, by wire, radio, visual or other electromagnetic means but
shall not include broadcasting services:
Provided that the Central Government may notify other service to be
telecommunication service including broadcasting services.
(2) Words and expressions used and not defined in this Act but defined in the Indian
13 of 1885. Telegraph Act, 1885 or the Indian Wireless Telegraphy Act, 1933, shall have the meanings
17 of 1933. respectively assigned to them in those Acts.
* * * * *
4. The Chairperson and other members of the Authority shall be appointed by the Qualifications
Central Government from amongst persons who have special knowledge of, and professional for
appointment
experience in, telecommunication, industry, finance, accountancy, law, management or of Chairperson
consumer affairs: and other
members.
Provided that a person who is, or has been, in the service of Government shall not be
appointed as a member unless such person has held the post of Secretary or Additional
Secretary, or the post of Additional Secretary and Secretary to the Government of India or
any equivalent post in the Central Government or the State Government for a period of not
less than three years.
* * * * *

CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
13 of 1885. 11. (1) Notwithstanding anything contained in the Indian Telegraph Act,1885, the Functions of
Authority.
functions of the Authority shall be to—
(a) make recommendations, either suo motu or on a request from the licensor, on
the following matters, namely:—
(i) need and timing for introduction of new service provider;
(ii) terms and conditions of licence to a service provider;
(iii) revocation of license for non-compliance of terms and conditions of
licence;
39
 40

(iv) measures to facilitate competition and promote efficiency in the

operation of telecommunication services so as to facilitate growth in such
services;
(v) technological improvements in the services provided by the service
providers;
(vi) type of equipment to be used by the service providers after inspection
of equipment used in the network;
(vii) measures for the development of telecommunication technology
and any other matter relatable to telecommunication industry in general;
(viii) efficient management of available spectrum;
(b) discharge the following functions, namely:—
(i) ensure compliance of terms and conditions of licence;
(ii) notwithstanding anything contained in the terms and conditions of
the licence granted before the commencement of the Telecom Regulatory
Authority of India (Amendment) Act, 2000, fix the terms and conditions of 2 of 2000.
inter-connectivity between the service providers;
(iii) ensure technical compatibility and effective inter-connection between
different service providers;
(iv) regulate arrangement amongst service providers of sharing their
revenue derived from providing telecommunication services;
(v) lay-down the standards of quality of service to be provided by the
service providers and ensure the quality of service and conduct the periodical
survey of such service provided by the service providers so as to protect
interest of the consumers of telecommunication service;
(vi) lay-down and ensure the time period for providing local and long
distance circuits of telecommunication between different service providers;
(vii) maintain register of inter-connect agreements and of all such other
matters as may be provided in the regulations;
(viii) keep register maintained under clause (vii) open for inspection to
any member of public on payment of such fee and compliance of such other
requirement as may be provided in the regulations;
(ix) ensure effective compliance of universal service obligations;
(c) levy fees and other charges at such rates and in respect of such services as
may be determined by regulations;
(d) perform such other functions including such administrative and financial
functions as may be entrusted to it by the Central Government or as may be necessary
to carry out the provisions of this Act:
* * * * *
Provided also that if the Central Government, having considered that recommendation
of the Authority, comes to a prima facie conclusion that such recommendation cannot be
accepted or needs modifications, it shall refer the recommendation back to the Authority for
its reconsideration, and the Authority may, within fifteen days from the date of receipt of
such reference, forward to the Central Government its recommendation after considering
the reference made by that Government. After receipt of further recommendation if any, the
Central Government shall take a final decision.
 41

13 of 1885. (2) Notwithstanding anything contained in the Indian Telegraph Act, 1885, the
Authority may, from time to time, by order, notify in the Official Gazette the rates at which
the telecommunication services within India and outside India shall be provided under this
Act including the rates at which messages shall be transmitted to any country outside
India:
Provided that the Authority may notify different rates for different persons or class of
persons for similar telecommunication services and where different rates are fixed as aforesaid
the Authority shall record the reasons therefor.
* * * * *

CHAPTER IV
APPELLATE TRIBUNAL
14. The Central Government shall, by notification, establish an Appellate Tribunal to Establishment
be known as the Telecom Disputes Settlement and Appellate Tribunal to— of Appellate
Tribunal.
(a) adjudicate any dispute—
(i) between a licensor and a licensee;
* * * * *
(C) the dispute between telegraph authority and any other person
referred to in sub-section (1) of section 7B of the Indian Telegraph
13 of 1885. Act, 1885;
* * * * *
38. The provisions of this Act shall be in addition to the provisions of the Indian Application of
13 of 1885. Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933 and, in particular, nothing certain laws.
17 of 1933. in this Act shall affect any jurisdiction, powers and functions required to be exercised or
performed by the Telegraph Authority in relation to any area falling within the jurisdiction
of such Authority.
* * * * *
 LOK SABHA

————

BILL
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.

————

(Shri Ashwini Vaishnaw, Minister of Railways Communications & Electronics and

Information Technology)

MGIPMRND—479LS(S3)—16.12.2023.