“New Telecom Bill in Lok Sabha Replaces Century-Old Law, Permits Interception, Spectrum Alignment, Right of Way”

Intending to supplant the Telegraph Act of 1885, a relic from the British colonial period, the proposed initiative emphasizes the shift from licensing to authorizations. While maintaining provisions for lawful interception and surveillance, the new legislation introduces measures like biometric authentication for customers and updated guidelines regarding spectrum management.

The 2023 Telecommunications Bill presented in the Lok Sabha marks a significant overhaul of telecommunications legislation, replacing an antiquated law that has stood for 138 years. This new bill aims to consolidate various facets of telecommunications law, including spectrum management, right of way, and dispute resolution, into a single, comprehensive statute. Unlike the previous licensing system, the proposed legislation focuses on ‘authorizations’ necessary for telecom operators and service providers. These authorizations cover the transmission of messages via wire, radio, or electromagnetic systems, emphasizing the need for compliance in network establishment and possession of radio equipment. Notably, clarification has been made that these provisions do not extend to online services such as WhatsApp.