From June 26, the central government will have the authority to control any telecommunications services or networks during emergencies, as stipulated by the Telecommunications Act 2023. The Centre has partially implemented the act, making specific provisions effective from this date.
According to the Gazette notification, “The Central government hereby appoints the 26th day of June 2024, as the date on which the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 of the said Act shall come into force.”
This enables the government to take control of telecom services for reasons related to security, public order, or prevention of offences. Section 20 of the act, effective June 26, states, “In the event 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 authorised by the Central or State Government, can temporarily take possession of any telecommunication service or network from an authorised entity. Additionally, they can ensure that messages from authorised users or groups for response and recovery during a public emergency are given priority.”
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Telecom Act, 2023 in Detail
The act requires all telecom operators to obtain government authorization to establish or operate telecommunication networks, provide services, or possess radio equipment. With the act’s implementation, the Universal Service Obligation Fund will be rebranded as Digital Bharat Nidhi, expanding its use to fund research and development and pilot projects, rather than solely supporting telecom services in rural areas.
However, some sections of the act, such as those concerning the administrative allocation of spectrum, including satellite services, and the adjudication mechanism, will be notified later. Once in effect, the Telecommunications Act 2023 will replace existing regulations under the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933, among others.
