Government Enforces New Sections of Telecommunications Act 2023

New sections of the Telecommunications Act 2023 come into effect from July 5, 2024.

Highlights

  • Focus on optimal utilisation of spectrum and new regulatory framework.
  • Prohibition on telecommunications blocking equipment without government permission.
  • Amendments to the appointment criteria for TRAI's chairperson and members.

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Government Enforces New Sections of Telecommunications Act 2023
The Union Government has issued a notification enforcing another set of sections of the Telecommunications Act 2023, which will come into effect on Friday, July 5, 2024. These sections, effective from today, relate to the optimal utilisation of spectrum, equipment that blocks telecommunications, and rules concerning the appointment of the chairman and members of the Telecom Regulatory Authority of India (TRAI).

Also Read: Telecommunications Bill 2023 Gets President’s Assent: Report




New Sections Enforced from July 5, 2024

The government has notified sections 6-8, 48, and 59(b) of the Telecommunications Act, effective today. The Telecommunications Act came into effect on June 26, along with sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61, and 62. The remaining provisions and sections of the Act have to be notified within 180 days.

"One major aspect that is being covered in the latest notification is the Focus of the Central Government on increasing efficiency in spectrum utilisation and various modes of achieving the same like secondary assignment, sharing/trading etc.," the Ministry of Communications said in a statement on Friday.

Spectrum Utilisation and Regulatory Framework

The Act provides a legal framework for the efficient utilisation of scarce spectrum through processes such as secondary assignment, sharing, trading, leasing, and surrendering of spectrum. It also enables the utilization of spectrum in a flexible, liberalized, and technologically neutral manner. Additionally, it empowers the Central Government to establish an enforcement and monitoring mechanism for this purpose.

The Act, effective immediately, prohibits the use of any equipment that blocks telecommunications unless permitted by the Central Government. Further, Section 59(b) of the Act amends Section 4 of the TRAI Act 1997, prescribing criteria for the appointment of the Chairperson and Members of TRAI.

Also Read: India Spectrum Auction 2024 Starts With 10,522.35 MHz Across 8 Bands

Replacement of Outdated Legislation

The Telecommunications Act 2023 replaces the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933, reflecting the need for updated legislation to keep pace with technological advancements.

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