Vidhi Codex

The Telecommunications Act, 2023

The Telecommunications Act, 2023

Infrastructure202362 sections11 chapters

The Telecommunications Act, 2023, modernizes India’s digital landscape by regulating telecom services, networks, and radio frequency assignments. It applies to service providers, infrastructure developers, and all telecom users. By replacing century-old laws, it streamlines how companies set up infrastructure while ensuring the government can manage spectrum efficiently. It matters because it enhances national security through emergency powers and protects citizens from spam via do-not-disturb registers. Additionally, it establishes the Digital Bharat Nidhi to fund rural connectivity, encourages innovation through "regulatory sandboxes," and provides clear penalties for breaking these important rules, effectively securing India's telecommunications future for all of its citizens

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II POWERS OF AUTHORISATION AND ASSIGNMENT →

  1. 3Authorisation.
  2. 4Assignment of spectrum.
  3. 5Re-farming and harmonisation.
  4. 6Technologically neutral use of spectrum.
  5. 7Optimal utilisation of spectrum.
  6. 8Establishment of monitoring and enforcement mechanism.
  7. 9No refund of fees.

Chapter IV STANDARDS, PUBLIC SAFETY, NATIONAL SECURITY AND PROTECTION OF TELECOMMUNICATION NETWORKS →

  1. 19Power to notify standards.
  2. 20Provisions for public emergency or public safety.
  3. 21Measures for national security, etc.
  4. 22Protection of telecommunication network and telecommunication services.
  5. 23Power to give directions.

Chapter V DIGITAL BHARAT NIDHI →

  1. 24Establishment of Digital Bharat Nidhi.
  2. 25Crediting of sum to Consolidated Fund of India.
  3. 26Administration of Digital Bharat Nidhi.

Chapter VI INNOVATION AND TECHNOLOGY DEVELOPMENT →

  1. 27Regulatory sandbox.

Chapter VII PROTECTION OF USERS →

  1. 28Measures for users.
  2. 29Duty of users.
  3. 30Dispute resolution mechanism to redress user grievances.

Chapter VIII ADJUDICATION OF CERTAIN CONTRAVENTIONS →

  1. 31Definitions of terms used in this Chapter.
  2. 32Breach of terms and conditions of authorisation or assignment.
  3. 33Contraventions of Act.
  4. 34Voluntary undertaking for contraventions.
  5. 35Adjudicating Officer.
  6. 36Designated Appeals Committee.
  7. 37Process to be followed by Adjudicating Officer and Designated Appeals Committee.
  8. 38Enforcement.
  9. 39Appeals on matters relating to section 32.
  10. 40Appeals on matters relating to section 33.
  11. 41Jurisdiction of civil court barred.

Chapter IX OFFENCES →

  1. 42General provisions relating to offences.
  2. 43Power to search.
  3. 44Supply of information to authorised officers.

Chapter X MISCELLANEOUS →

  1. 45Creation of security interests.
  2. 46Certification of person for operation of radio equipment on a vessel or aircraft.
  3. 47Certification for amateur station operator.
  4. 48Prohibition of use of equipment which blocks telecommunication.
  5. 49Penalties not to affect other liabilities.
  6. 50Act to apply for offence or contravention committed outside India.
  7. 51Protection of action taken in good faith.
  8. 52Consistency with other laws.
  9. 53Implementation of Act.
  10. 54Employee of authorised entity not to be compelled to appear as witness.
  11. 55Rights in Continental Shelf and Exclusive Economic Zone.
  12. 56Power of Central Government to make rules.
  13. 57Power of Central Government to amend Schedules.
  14. 58Power to remove difficulties.
  15. 59Amendment to Act 24 of 1997.

Chapter XI REPEAL AND SAVINGS →

  1. 60Repeal of certain Acts and savings.
  2. 61Existing rules to continue.
  3. 62Validation of certain acts and indemnity.

Chapter IIl RIGHT OF WAY FOR TELECOMMUNICATION NETWORK →

  1. 10Definition of terms used in this Chapter.
  2. 11Right of way for telecommunication network in public property.
  3. 12Right of way for telecommunication network on property not covered under section 11.
  4. 13Non-discriminatory and non- exclusive grant of right of way.
  5. 14Telecommunication network distinct from property on which it is installed.
  6. 15Power of Central Government to establish common ducts and cable corridors.
  7. 16Removal, relocation or alteration of telecommunication network.
  8. 17Notice to facility provider.
  9. 18Dispute resolution relating to this Chapter.

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