The Telecommunications Bill, 2023, passed by Parliament in its latest session, holds the potential to streamline regulations, facilitate infrastructure development, and usher in an era of technological advancement. It replaces the archaic Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933, with a comprehensive framework, and is a step in the right direction.

Provisions for spectrum allocation outside the auction process, network deployment through clear right of way rules, and effective dispute resolution mechanism offer glimpses of a future-proof ecosystem. However, the Bill’s vision is marred by concerns surrounding user privacy and government surveillance. The broad interception powers granted to the state without adequate judicial safeguards raise red flags. The ability to decrypt encrypted messages, the lack of clear guidelines on data retention, and the potential for misuse of biometric identification pose threats to civil liberties. There is ambiguity over whether provisions of the new Bill will be applicable to Over The Top (OTT) players. Unlike the earlier draft, the final Bill does not specify services that will come under its purview, thus leaving the door open for inclusions at a later stage. Furthermore, the Bill’s vague provisions on internet restrictions rekindle anxieties about digital freedom. The power to limit internet access in the name of “public order” without robust checks and balances risks silencing critical voices. An open internet, free from arbitrary shutdowns, is the bedrock of a thriving democracy.

The Bill offers no respite to the debt laden telecom sector which is fast becoming a duopoly. The draft issued in 2022 had a dedicated section on restructuring, defaults in payment and insolvency, that would have allowed the Centre to take several measures, including waiving dues. This has been dropped in the final version. On the positive side, the new Bill makes it easier for telecom companies to obtain right of way for rolling out infrastructure. Getting permission to install towers and lay cables has been a major challenge. The Bill for the first time lays down a statutory framework to expedite the process of obtaining the right of way. This provision is poised to enhance faster connectivity and last-mile deployments, thereby improving high-speed fixed broadband access. The Bill also provisions for administrative assignment of spectrum for specific use cases including for Global Mobile Personal Communication by Satellite.

While an auction mechanism brings in transparency into the spectrum allocation process, no other country has attempted to sell airwaves for satellite services. The Bill overrides the Supreme Court order mandating auctioning of spectrum, in the aftermath of the 2G scam. This would help incentivise the exponential growth of the space startups segment. The Telecom Bill, 2023 lays the foundation for economic growth through technology, but this should be done with guardrails in place. The need of the hour is a nuanced approach that promotes progress and privacy, innovation and individual liberty.

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