The Ministry of Communications has recently released a draft of the Indian Telecommunication Bill, 2022 which is aimed at regulating existing laws and rules and regulations regarding telecommunications to make it “future ready.” The draft was released by the Department of Telecom for “public comment.”
The technological developments and relevant interventions have made India the second-largest telecom market in the world. The government permitted 100% Foreign Direct Investment in the sphere along with other factors like allowing deferred payments from telecom operators keeping in mind their financial predicaments. The telecom sector has come to be one of the highest contributors to the GDP of the country.
Ashwini Vaishnaw, the present Minister of Communications, has said that the bill will become law in the upcoming 6-10 months. Since the draft was released, it has become a subject of discussion about the changes that the bill is proposing.
Photo (The Hindu Business Line)
So, what is the Draft Indian Telecommunication Bill, 2022 ?
The Bill is an attempt by the government to regulate and update the existing laws in the sector keeping in mind the advancements and challenges in this sector. This was much needed since the last bill was passed more than 70 years ago.
The draft bill aims to consolidate three separate acts that are presently governing the sector of the country- the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and The Telegraph Wires (Unlawful Protection) Act, 1950.
-Over-the-top Telecommunication Services
The proposed draft extends the definition of “telecommunication services” by augmenting “OTT or over-the-top services” as well. OTT communication services offer real time person-to-person telecommunication services.
Some of the examples of OTT communication services are Whatsapp, Telegram, Duo, Signal, etc. These messaging platforms utilize the network infrastructure of Telecom Service Providers (Jio, Airtel, Idea). TSPs have been complaining about the twofold disadvantages they have to face as they reduce the sources of their revenue like SMS while dodging the infrastructure and licensing expenses.
As a result of the Bill, OTT telecommunication services may come under the same licensing conditions as Telecom Service Providers.
TSPs have to acquire a Unified Access Service Licence (UASL) to be allowed to offer telecom services in the country. In case the OTT services have to get this license as well, they will have to meet certain requirements like “know your customers” particulars of their users, following encryption rules, and permitting legal access to the government of their networks and equipment.
– Spam Calls/Messages and Identification Details
To curb the increasing use of telecommunication services for spam calls and fraud, the draft bill puts forth that the identity of the person communicating using any form of telecommunication should be visible to the person on the receiving end.
As a consequence of this, both the number and identity/name of the person will be made available to the user receiving the communication. Earlier, only the latter was displayed. The Minister of Communications also remarked that this proposal will cover not only voice calls but also all the OTT communication services.
Although, the Telecom Regulatory Authority of India (TRAI) issued the “Telecom Commercial Communications Customer Preference Regulations” in 2018 to curtail spam messages among other things, the addition of it to the bill allows the government to take strict measures against violation of it.
The Draft bill mandates the license holders to take the information of their users using a mode of identification that can be verified. A fine of Rs 50,000 will be imposed— along with the suspension of the phone number and restricting the violator from using telecom services for a period of some time— in case a user gives wrong details.
– Internet Shutdowns
Presently, internet shutdowns are regulated by Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017 made under the Indian Telegraph Act of 1885. However, for the first time the Draft bill proposed the inclusion of provision that facilitates the government to suspend internet power.
