The draft Telecommunication Bill, 2022

GS paper 2

Syllabus: Parliament-Structure, functioning and conduct of business, achievements of India in Science and technology etc

 

Directions: Important for mains, remember the provisions, it can be asked directly in mains

Source: The Hindu

 

Context:

• The Ministry of Communications released a draft of the Indian Telecommunication Bill, 2022 for public comments.

 

The three main legislations that occupy this domain:

• Indian Telegraph Act, 1885
• Indian Wireless Telegraphy Act, 1933
• Telegraph Wires (Unlawful) Possession Act, 1950

 

What is the draft Indian Telecommunication Bill, 2022?

• Update the extant regulatory framework: The draft is to update the extant regulatory framework in keeping with the advancements and challenges in the sector.
• Repeal legislations: It looks to repeal three legislations and “restructure the legal and regulatory framework” for the telecommunications sector.
• Enabling the government to order suspension of internet power: It has been introduced through the draft Bill.
  • Currently, suspension of internet services is ordered under the Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017.
• Primary route for allocation of the spectrum is auction: when spectrum is to be allocated for certain functions of the government such as defense or transportation.
• TSP to exploit its spectrum resource fully: By enabling sharing, trading, leasing, surrendering or returning unutilised spectrum.
• Simplifies: The Bill also simplifies the process for restructuring, merging or demerging.
• Land owned by a public entity: It mandates that land owned by a public entity should be available expeditiously unless there is an express ground of refusal.
• Universal Service Obligation Fund: It allows this fund to be utilized for other purposes such as urban areas connectivity, research etc.

 

Over-the-top (OTT) communication services:

• It refers to services that provide real time person-to-person telecommunication services.
• Some popular examples include:
  • Messaging platforms like Whatsapp, Telegram, Signal, Messenger, Duo, Google Meet etc.

 

How does the draft affect over-the-top communication services?

• Telecom Service Providers (TSPs): They provide network infrastructure to OTT’s.
  • They allege it will cut their sources of revenue (voice calls, SMS) as they will not have to deal with infrastructure and licensing costs that they have to undertake.
• OTT telecommunication services may be subject to the same licensing conditions as TSPs: The current draft of the Bill expands the definition of “telecommunication services” to include OTT communication services.

 

Consumer protection measures in the draft Bill:

• The identity of the person communicating through telecommunication services: It shall be available to the user receiving such communication.
  • The name of the person would also be displayed along with phone no.
• To ensure that a user provides correct details: Penalizes providing wrong identification details with a ₹50,000 fine and suspending the operation of the specific mobile number or barring the person from using the telecom service for a certain duration.
• Consent of subscribers: Commercial communications which are advertising and promotional in nature should be made only with the prior consent of a subscriber.

 

How does the draft Bill impact the position of the TRAI?

• Recommendatory body: Reducing it from a regulatory to a recommendatory body.
• No recommendations for licenses: The government would no longer be required to seek recommendations from the TRAI before issuing licenses.
• Requisition of information:It removes the power of the TRAI to requisition from the government information or documents that are necessary to make such recommendations.
• Reconsideration: Department of Telecommunications (DoT) will no longer be required to refer back to TRAI the recommendations for reconsideration.

 

Insta Links:

Net Neutrality

TRAI

 

Mains Links:

Q. What is the CyberDome Project? Explain how it can be useful in controlling internet crimes in India.(UPSC 2019)

 

Prelims Links: