The current telecom framework is based on outdated laws dating to the 19th Century that badly need an overhaul, given the rapid technological advancements, the advent of next generation services pivoted on digital and the fast-changing demands of our citizens.

The Government’s focus on Digital Public Infrastructure requires the underpinning of a modern, robust and secure telecom infrastructure whilst leveraging the current momentum in the sector. The introduction of the Telecom Bill 2023 capitalises on this opportunity, providing clarity to all stakeholders. The Bill creates a policy framework that rewards innovation and speeds up the provision of new age services.

What the Bill addresses can be classified under four broad buckets.

Firstly, modernisation and streamlining, which have resulted in the removal of more than 100 compliance burdens. An updating of the outdated legal framework, a simplification of licences and procedures, and fostering competitiveness by aiming to create a more dynamic and efficient regulatory environment.

Secondly, infrastructure development which emphasises creating a conducive environment for infrastructure expansion. It includes provisions for streamlining ‘Right of Way’ acquisition, financial incentives for private investment, and measures to optimise spectrum usage and allocation.

Thirdly, national security and public safety which empowers the government to manage telecom networks during emergencies and authorises lawful interception and surveillance under specific circumstances. It focuses on safeguarding national security and public safety while raising concerns about potential misuse and privacy violation.

Grievance redressal

Fourthly, consumer protection and balancing interests which attempts to address user concerns by establishing grievance redressal mechanisms and outlining data privacy provisions. It balances the goals of innovation and competition with consumer protection and safeguarding user rights.

The potential benefits of the Indian Telecom Bill 2023 for the Indian economy are multifaceted. Imbibing established international best practices in areas like privacy and regulation could go a long way in positioning India’s leadership on regulation. The process of implementation, the rules and potential amendments require active engagement with all major stakeholders, both large and small, to help ensure seamless implementation. Concerns will have to addressed as the rules are framed.

In terms of inclusiveness and affordability, how effectively Digital Bharat Nidhi will bridge the digital divide between rural and urban areas remains to be seen. Underserved communities have to be brought into the mainstream at the earliest.

Measures for ensuring affordable access to digital services and data plans, particularly in the less served rural areas, have to be addressed on priority. While offering grievance redressal mechanisms, the Bill might need stronger provisions to effectively protect consumer rights and interests against potential unfair practices.

The ‘Do Not Disturb’ Registry needs to be enforced. India has led ‘Net Mobile Subscriber Additions’ consistently over the last few years. With the requirement of users to now provide verifiable biometrics-based identification in order to avail of services, there could be a direct impact on subscriber growth and concerns around privacy.

Whilst telecommunication services have not been explicitly defined and the sourcing of networks and services rightfully limited to trusted sources only, new age service providers may look for additional support or exclusions from some of the stringent provisions. Potential concerns including those around overzealous centralised control may impact private investment. Clarity on the oversight for OTT platforms in the Bill needs to be provided. Broad surveillance powers raise natural concerns about potential misuse. An independent oversight mechanism, like the one implemented in some developed countries may help.

Addressing concerns about government overreach, surveillance, privacy, inclusivity, and future-proofing will be crucial to ensure the Bill’s effectiveness.

Chugh is Chairman of Manoj Chugh Advisory LLP, and Sunder is working with an Indian corporate. Views are personal

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