Section 20 of the 'Telecom Act, 2023' provides that the central government of a state government may take control of any telecom service or network in times of emergency after the implementation of the Act.
In case 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 authorized in this behalf by the Central Government or a State Government may take temporary possession of any telecommunications service or telecommunications network of an authorized entity; or provide appropriate mechanisms to ensure that messages from a user or group of users authorized for response and recovery during a public emergency are sent with priority,” according to Sector 20 of the Law.
Any telecommunications operator wishing to establish or operate telecommunications networks, provide services or own ratio equipment must be authorized by the government.
“The Telecommunications Law of 2023 aims to amend and consolidate the law relating to the development, expansion and operation of telecommunications services and telecommunications networks; spectrum allocation and for matters related thereto,” the Department of Communications (DoT) said.
The Telecom Act, 2023 seeks to repeal existing legislative frameworks such as the Indian Telegraph Act, 1885 and the Indian Wireless Telegraph Act, 1933 due to enormous technical advancements in the telecom sector and technologies.
The Act also establishes measures to protect users from unsolicited commercial communications and creates a grievance redressal mechanism.
When it comes to the Right of Way (RoW) framework, public entities will be required to provide the right of way except in special circumstances.
“The right-of-way fee would be subject to a cap. The Law provides a comprehensive framework for the RoW with respect to private property based on mutual agreement. The Act also provides that the RoW to be granted will not be discriminatory and, to the extent possible, will not be exclusive,” the Department of Transport said.
It also establishes that the telecommunications infrastructure will be different from the property in which it is installed. This will help reduce disputes when selling or renting a property.
In line with Prime Minister Narendra Modi's 'Gati Shakti' vision, the law provides for the central government to establish common cable conduits and corridors.
"To ensure national security and promote Indian technology developers, the Act provides powers to set standards and conformity assessment measures for telecom services, telecom networks, telecom security, etc.," it said. the Department of Transportation.
In case 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 authorized in this behalf by the Central Government or a State Government may take temporary possession of any telecommunications service or telecommunications network of an authorized entity; or provide appropriate mechanisms to ensure that messages from a user or group of users authorized for response and recovery during a public emergency are sent with priority,” according to Sector 20 of the Law.
Any telecommunications operator wishing to establish or operate telecommunications networks, provide services or own ratio equipment must be authorized by the government.
“The Telecommunications Law of 2023 aims to amend and consolidate the law relating to the development, expansion and operation of telecommunications services and telecommunications networks; spectrum allocation and for matters related thereto,” the Department of Communications (DoT) said.
The Telecom Act, 2023 seeks to repeal existing legislative frameworks such as the Indian Telegraph Act, 1885 and the Indian Wireless Telegraph Act, 1933 due to enormous technical advancements in the telecom sector and technologies.
The Act also establishes measures to protect users from unsolicited commercial communications and creates a grievance redressal mechanism.
When it comes to the Right of Way (RoW) framework, public entities will be required to provide the right of way except in special circumstances.
“The right-of-way fee would be subject to a cap. The Law provides a comprehensive framework for the RoW with respect to private property based on mutual agreement. The Act also provides that the RoW to be granted will not be discriminatory and, to the extent possible, will not be exclusive,” the Department of Transport said.
It also establishes that the telecommunications infrastructure will be different from the property in which it is installed. This will help reduce disputes when selling or renting a property.
In line with Prime Minister Narendra Modi's 'Gati Shakti' vision, the law provides for the central government to establish common cable conduits and corridors.
"To ensure national security and promote Indian technology developers, the Act provides powers to set standards and conformity assessment measures for telecom services, telecom networks, telecom security, etc.," it said. the Department of Transportation.
