BILL NO. 194 OF 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

1. (1) This Act may be called the Telecommunications Act, 2023.

(2) It extends to,—

(i) the whole of India; and

(ii) to any offence committed or contravention made outside India by any

person, as provided in this Act.

(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.

Short title,

extent and

commencement.

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 18th December, 2023 :—

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 29]

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

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jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—23

REGISTERED NO. DL—(N)04/0007/2003—23

सी.जी.-डी.एल.-अ.-19122023-250747

CG-DL-E-19122023-250747

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

under specified conditions;

or radio frequency channel under section 4;

(d) "authorisation" means a permission, by whatever name called, granted

under this Act for—

(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

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;

(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

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;

(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

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

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

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

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

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—

(a) provide telecommunication services;

(b) establish, operate, maintain or expand telecommunication network; or

shall obtain an authorisation from the Central Government, subject to such terms and

conditions, including fees or charges, as may be prescribed.

(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

sub-section (1), in such manner as may be prescribed.

(4) Any exemption granted prior to the appointed day under the Indian Telegraph

Act, 1885 or the Indian Wireless Telegraphy Act, 1933 shall continue under this Act,

unless otherwise notified by the Central Government.

(5) Any authorised entity may undertake any merger, demerger or acquisition, or

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

the appointed day under the Indian Telegraph Act, 1885 or the Indian Wireless Telegraphy

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

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

conditions of the relevant authorisation, as may be prescribed.

Authorisation.

13 of 1885.

17 of 1933.

13 of 1885.

17 of 1933.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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

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.

4. (1) The Central Government, being the owner of the spectrum on behalf of the

people, shall assign the spectrum in accordance with this Act, and may notify a National

Frequency Allocation Plan from time to time.

(2) Any person intending to use spectrum shall require an assignment from the

Central Government.

(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

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;

(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

(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

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).

(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

day, shall continue under this Act, unless otherwise notified by the Central Government.

(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

been assigned, for a period of five years from the appointed day, or the date of expiry of

such assignment, whichever is earlier.

Assignment

of spectrum.

13 of 1885.

17 of 1933.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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

or harmonise any frequency range assigned under section 4, subject to such terms and

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.

6. 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 prescribed.

7. (1) The Central Government may, to promote optimal use of the available

spectrum, assign a particular part of a spectrum that has already been assigned to an

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

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.

8. (1) The Central Government may establish by notification, such monitoring and

enforcement mechanism as it may deem fit to ensure adherence to terms and conditions

of spectrum utilisation and enable interference-free use of the assigned spectrum.

(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

charges, as may be prescribed.

9. No person shall be entitled to the refund of any fees or charges paid in respect

of or under an authorisation or assignment granted under this Act, if such authorisation

or assignment is suspended, curtailed, revoked or varied.

CHAPTER III

RIGHT OF WAY FOR TELECOMMUNICATION NETWORK

10. For the purpose of this Chapter,—

(a) "facility provider" means the Central Government or any authorised

entity, including any contractor or sub-contractor or agent working for the Central

Government or authorised entity, and shall include their successor or assignee;

(b) "public entity" means,—

(i) the Central Government;

(ii) the State Government;

(iii) local authority;

(iv) any authority, body, company or institution incorporated or

established by the Central Government or the State Government, or under

any statute; or

Re-farming

and

harmonisation.

Technologically

neutral use of

spectrum.

Optimal

utilisation of

spectrum.

Establishment

of monitoring

and

enforcement

mechanism.

No refund of

fees.

Definition of

terms used in

this Chapter.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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;

including any machinery, which is owned by, or in the possession of, or under the

control or management of any public entity.

11. (1) Any facility provider may submit an application to a public entity under

whose ownership, control or management, the public property is vested, to seek

permissions for right of way for telecommunication network under, over, along, across,

in or upon such public property.

(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

(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

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

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

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

granting the concession, contract or permission for such projects.

12. (1) Any facility provider may submit an application to the person under whose

ownership, control or management of property not covered under section 11 is vested,

to seek right of way for telecommunication network under, over, along, across, in or

upon such property.

(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

network; or

(b) establishing, operating, maintaining, repairing, replacing, augmenting,

removing or relocating any telecommunication network by the facility provider.

Right of way

for

telecommunication

network in

public property.

Right of way

for

telecommunication

network on

property not

covered under

section 11.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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

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

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,

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

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

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.

14. (1) 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 section 11 or section 12.

(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

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

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

infrastructure projects, whether being developed by a public entity by itself, through a

public private partnership or by any other person, that may require establishment of

common ducts or conduits or cable corridors, for installation of telecommunication

network.

(2) The telecommunication network referred to in sub-section (1) shall be made

available on open access basis to facility providers, subject to such terms and conditions,

including fees and charges, as may be prescribed.

Non-

discriminatory

and non-

exclusive grant

of right of way.

Telecommunication

network distinct

from property

on which it is

installed.

Power of

Central

Government to

establish

common ducts

and cable

corridors.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

16. (1) Where, under section 11 or section 12, telecommunication network has

been placed by the facility provider, under, over, along, across, in or upon any property,

and any person entitled to do so desires to deal with that property in such a manner so

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

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

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

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

of its form, and the order so made shall be final.

17. (1) Any person desiring to exercise his right to deal with his property in such

a manner as is likely to cause damage or to interrupt or interfere with the

telecommunication network established under the provisions of this Act, or to interrupt

or interfere with telecommunication services, shall give prior notice of such duration

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.

(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

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

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.

18. (1) The District Magistrate, or any other authority as notified by the Central

Government, within whose jurisdiction the property is situated, shall have the exclusive

powers to resolve any disputes under this Chapter, except for disputes referred to

under sub-section (2) of this section.

Removal,

relocation or

alteration of

telecommunication

network.

Notice to

facility

provider.

Dispute

resolution

relating to this

Chapter.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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

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

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

measures in respect of—

(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;

equipment;

(d) telecommunication security, including identification, analysis and

prevention of intrusion in telecommunication services and telecommunication

networks;

(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,

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,

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

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

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—

(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

Power to

notify

standards.

Provisions for

public

emergency or

public safety.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

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

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.

21. The Central Government may, if satisfied that it is necessary or expedient so

to do, in the interest of national security, friendly relations with foreign States, or in the

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,

telecommunication network and telecommunication identifiers;

(b) standards applicable to manufacture, import and distribution of

telecommunication equipment;

(d) procurement of telecommunication equipment and telecommunication

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

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.

22. (1) The Central Government may by rules provide for the measures to protect

and ensure cyber security of telecommunication networks and 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

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.

(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.

Measures for

national

security, etc.

Protection of

telecommunication

network and

telecommunication

services.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

23. If it appears necessary or expedient so to do in the public interest, the Central

Government may direct any authorised entity to transmit in its telecommunication

services or telecommunication network, specific messages, in such manner as may be

specified.

CHAPTER V

DIGITAL BHARAT NIDHI

24. (1) The Universal Service Obligation Fund created under the Indian Telegraph

Act, 1885, shall, from the appointed day, be the "Digital Bharat Nidhi", under the

control of the Central Government, and shall be used to discharge functions as set forth

in this Act.

(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.

(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

section 24, shall first be credited to the Consolidated Fund of India, and the Central

Government may, if Parliament by appropriation made by law in this behalf so provides,

credit such proceeds to the Digital Bharat Nidhi from time to time for being utilised

exclusively to meet 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;

(b) support research and development of telecommunication services,

technologies, and products;

towards provision of service under clause (a) of this section;

(d) support introduction of telecommunication services, technologies, and

products.

26. The Digital Bharat Nidhi shall be administered in a manner, as may be

prescribed.

CHAPTER VI

INNOVATION AND TECHNOLOGY DEVELOPMENT

27. The Central Government may, for the purposes of encouraging and facilitating

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

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.

Power to give

directions.

Establishment

of Digital

Bharat Nidhi.

13 of 1885.

Crediting of

sum to

Consolidated

Fund of India.

Administration

of Digital

Bharat Nidhi.

Regulatory

sandbox.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER VII

PROTECTION OF USERS

28. (1) For the purposes of this section, "specified message" means any message

offering, advertising or promoting goods, services, interest in property, business

opportunity, employment opportunity or investment opportunity, whether or not—

(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

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

or class of specified messages without prior consent; or

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

telecommunication service, and redressal of such grievances, in such manner as may be

prescribed.

29. No user shall—

(a) furnish any false particulars, suppress any material information, or

impersonate another person, while establishing his identity for availing of

telecommunication services; or

(b) fail to share information as required under this Act.

30. (1) The Central Government may establish or approve one or more online

dispute resolution mechanisms for the resolution of disputes between users and

authorised entities providing telecommunication services.

(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.

CHAPTER VIII

ADJUDICATION OF CERTAIN CONTRAVENTIONS

31. For the purposes of this Chapter,—

(a) "Adjudicating Officer" means an officer appointed under section 35;

and

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

section 36.

32. (1) In case of breach of any of the terms and conditions of authorisation or

assignment granted under this Act, the Adjudicating Officer shall, pursuant to an inquiry

under the provisions of this Chapter—

(a) pass an order in writing in respect of one or both of the following,

namely:—

Measures for

protection of

users.

Duty of users.

Dispute

resolution

mechanism to

redress user

grievances.

35 of 2019.

Definitions of

terms used in

this Chapter.

Breach of

terms and

conditions of

authorisation

or assignment.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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

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

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

the scope of the contravention;

(b) number of persons affected by such contravention, and the level of harm

suffered by them;

(d) repetitive nature of the contravention;

(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

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.

33. (1) The Adjudicating Officer shall, upon receipt of a complaint in such form,

manner and accompanied by such fees as may be prescribed, relating to contravention

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

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

provided under section 32 or under serial No. 4 of the Third Schedule may, prior to any

notice or initiation of process of determination of such contravention, submit a voluntary

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

to the provisions of sub-section (6), shall constitute a bar on proceedings under this

Chapter.

Contraventions

of Act.

Voluntary

undertaking

for

contraventions.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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

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

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

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.

(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.

35. (1) For the purposes of this Chapter, the Central Government shall, by an

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

order as he deems fit in accordance with the provisions of section 32 or section 33.

36. (1) The Central Government may, by an order published in the Official Gazette,

appoint officers of the Central Government not below the rank of Additional Secretary,

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

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.

37. (1) The functioning of the Adjudicating Officer and the Designated Appeals

Committee shall, as far as possible, be digital by design and they shall function as

digital offices and deploy such techno-legal measures as may be prescribed, to enable

online process for their functioning.

(2) The Adjudicating Officer and Designated Appeals Committee shall have the

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.

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

the period allowed for preferring an appeal against such orders as provided in section 36

and section 39.

Adjudicating

Officer.

Designated

Appeals

Committee.

Process to be

followed by

Adjudicating

Officer and

Designated

Appeals

Committee.

Enforcement.

45 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

39. Any person aggrieved by an order of the Designated Appeals Committee

under section 36, in so far as it pertains to matters under sub-section (1) of section 32,

or an order of the Central Government under sub-section (2) of section 32, may prefer

an appeal to the Telecom Disputes Settlement and Appellate Tribunal constituted under

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

under section 36, in so far as it pertains to matters under section 33, may prefer an

appeal to any civil court having jurisdiction over the matter.

41. 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 or under

this Chapter to determine.

CHAPTER IX

OFFENCES

42. (1) Whoever provides telecommunication services or establishes

telecommunication network without authorisation under sub-section (1) of section 3,

or causes damage to critical telecommunication infrastructure 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.

(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

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,—

(i) the expression "personation" shall have the same meaning as assigned

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,—

(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;

(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

tampered telecommunication identifiers,

Appeals on

matters

relating to

section 32.

Appeals on

matters

relating to

section 33.

Jurisdiction of

civil court

barred.

General

provisions

relating to

offences.

24 of 1997.

45 of 1860.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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,

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.

(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,

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.

43. Any officer authorised by the Central Government in this behalf, may search

any building, vehicle, vessel, aircraft or place in which he has reason to believe that any

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.

44. Notwithstanding anything contained in any law for the time being in force,

where the Central Government is satisfied that any information, document or record in

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

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

45. The Central Government may provide for such security interest which an

authorised entity may provide to lenders financing such entities on such terms and

conditions of such security interest as may be prescribed.

46. The Central Government may grant certification to any person to operate a

radio equipment on such class of vessels registered under the Merchant Shipping

Act, 1958, aircrafts registered under the Aircraft Act, 1934 and any other category of

vessels or vehicles as may be notified by the Central Government, in accordance with

such terms and conditions, including applicable fees and charges, as may be prescribed.

47. The Central Government may by rules provide for the manner of certification

of person to install and operate an amateur station and such rules may specify the

qualifications and terms and conditions subject to which, a certification for operating

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.

2 of 1974.

Power to

search.

Supply of

information

to authorised

officers.

Creation of

security

interests.

Certification

of person for

operation of

radio

equipment on

a vessel or

aircraft.

Certification

for amateur

station

operator.

44 of 1958.

22 of 1934.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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

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

unless permitted by the Central Government, or any authority authorised for specific

purpose by the Central Government.

49. (1) The penalties imposed pursuant to the provisions of Chapter VIII or

Chapter IX, 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.

(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

India by any person if the act or conduct constituting such offence or contravention

involves a telecommunication service provided in India, or telecommunication equipment

or telecommunication network located in India.

51. No suit, prosecution or other legal proceeding shall lie against the Central

Government, the State Government, or any other authority under this Act or any person

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

derogation of the provisions of any other law, and shall be construed as consistent

with such law, for the time being in force.

(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

Government shall take any such measures as necessary to enable the digital

implementation of the Act.

54. No employee of an authorised entity shall, in any legal proceeding to which

such authorised entity is not a party, be compelled to appear as a witness to prove the

information contained in any electronic records submitted under sub-section (4) of

section 65B of the Indian Evidence Act, 1872, except as required by order of the Court

or a Judge made for special cause.

55. The privilege of the Central Government to grant authorisations or assignment

under this Act in the Continental Shelf and the Exclusive Economic Zone of India and

the rights of an authorised entity or assignee, as the case may be, 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.

56. (1) The Central Government may, by notification, and subject to the condition

of previous publication, make rules not inconsistent with the provisions of this Act, to

carry out the purposes of this Act.

Prohibition of

use of

equipment

which blocks

telecommuni-

cation.

Penalties not

to affect other

liabilities.

Act to apply

for offence or

contravention

committed

outside India.

Protection of

action taken

in good faith.

Consistency

with other

laws.

Implementation

of Act.

Employee of

authorised

entity not to

be compelled

to appear as

witness.

Rights in

Continental

Shelf and

Exclusive

Economic

Zone.

Power of

Central

Government

to make rules.

80 of 1976.

1 of 1872.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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)

of section 3;

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

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

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

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;

(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;

(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

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

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;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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)

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

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;

(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

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

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;

(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

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,

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

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

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

that rule or amendment to the Schedule.

57. (1) Subject to the provisions of this section, the Central Government may, by

notification,—

(a) amend the First Schedule;

(b) amend the Second Schedule or the Third Schedule:

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.

58. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such

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

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.

59. In the Telecom Regulatory Authority of India Act, 1997,—

(a) in section 2,—

(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

Act, 2023, or registered for providing cable television network

under the Cable Television Networks (Regulation) Act, 1995 or

any other Act for the time being in force;';

(B) for clause (ea), the following clause shall be substituted,

namely:—

'(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

Act for the time being in force;';

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,

namely:—

'(k) "telecommunication services" means any service for

telecommunication;';

Power of

Central

Government

to amend

Schedules.

Power to

remove

difficulties.

Amendment

to Act 24 of

1997.

7 of 1995.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) in sub-section (2), for the words and figures "the Indian Telegraph

Act, 1885 or the Indian Wireless Telegraphy Act, 1933", the words, figures

and brackets "the Telecommunications Act, 2023 or the Cable Television

Networks (Regulation) Act, 1995" shall be substituted;

(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

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:

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

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.";

(i) in sub-section (1),—

(A) for the words and figures "Indian Telegraph Act, 1885", the

words, figures and brackets "Telecommunications Act, 2023 or the

Cable Television Networks (Regulation) Act, 1995" shall be

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:—

"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

take a final decision.";

(ii) in sub-section (2),—

(A) for the words and figures "Indian Telegraph Act, 1885", the

words, figures and brackets "Telecommunications Act, 2023 or the

Cable Television Networks (Regulation) Act, 1995" shall be

substituted;

13 of 1885.

7 of 1995.

13 of 1885.

17 of 1933.

7 of 1995.

13 of 1885.

7 of 1995.

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[PART II—

(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

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:—

"(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

Telecommunications Act, 2023.

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 Tribunal as

if this Act had not been passed;";

(e) for section 38, the following section shall be substituted, namely:—

"38. The provisions of this Act shall be in addition to the provisions

of the Telecommunications Act, 2023 and, in particular, nothing in this Act

shall affect any jurisdiction, powers and functions required to be exercised

or performed by the appropriate authority in relation to any area falling

within the jurisdiction of such authority.".

CHAPTER XI

REPEAL AND SAVINGS

60. (1) Subject to the other provisions of this section, the enactments namely, the

Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph

Wires (Unlawful Possession) Act, 1950, are hereby repealed.

(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

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

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

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.

Repeal of

certain Acts

and savings.

36 of 2003.

13 of 1885.

17 of 1933.

74 of 1950.

24 of 1997.

13 of 1885.

Application of

certain laws.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

61. All rules, orders, made or purported to have been made under the Indian

Telegraph Act, 1885 or under the Indian Wireless Telegraphy Act, 1933, or under the

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

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

taken and orders passed, prior to the appointed day, by the Central Government, by any

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

done, taken or passed under the Indian Telegraph Act, 1885, the Indian Wireless

Telegraphy Act, 1933 or the Telegraph Wires (Unlawful Possession) Act, 1950, shall be

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.

Validation of

certain acts

and indemnity.

Existing rules

to continue.

13 of 1885.

17 of 1933.

74 of 1950.

13 of 1885.

17 of 1933.

74 of 1950.

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[PART II—

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.

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[PART II—

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

an authorisation or an exemption, except

for the offence under clauses (d) and (f) of

sub-section (3) of section 42;

(b) Use of subscriber identity modules in

excess of number notified.

2. Use by any person or entity of a

telecommunication

service

telecommunication network knowing or

having reason to believe that such

telecommunication

service

telecommunication network does not have

the required authorisation under this Act.

3. Contravention of the provisions of

section 28 (Measures for protection of

users).

4. Contravention of any provision of this Act

or rules, or any terms or conditions of an

assignment or authorisation in relation to

any matter under this Act, for which no

penalty or punishment is provided

elsewhere in this Act.

First Offence: Civil penalty up to fifty

thousand rupees.

Each subsequent offence: Civil penalty up

to two lakh rupees for each such instance.

Civil penalty up to ten lakh rupees.

First Offence: Civil penalty up to fifty

thousand rupees.

Each subsequent offence: Civil penalty up

to two lakh rupees for each such instance, or

suspension of telecommunication service, or

a combination thereof.

First Offence: Civil penalty up to twenty-five

thousand rupees.

Second or subsequent offence: Further Civil

penalty up to fifty thousand rupees for every

day after the first during which the

contravention continues.

SEC. 2]

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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 utilisation 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;

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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 Government may provide 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 may allot

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.

SEC. 2]

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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 entity to 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 may be 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.

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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 that are 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

such terms 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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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, or for 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.

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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 take in 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 Nidhi that 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

Nidhi shall 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 Fund shall 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 Nidhi shall 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.

SEC. 2]

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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 consider while imposing penalties as specified under the Second Schedule of the proposed

legislation.

Sub-clause (1) of clause 33 provides for powers of the Adjudicating Officer while

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 for the 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.

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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 the Central 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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

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;

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;

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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;

(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;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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.

————

UTPAL KUMAR SINGH,

Secretary-General.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

Kshitiz

Mohan

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Date: 2023.12.19 10:28:19 +05'30'