New Set of Telecom Rules under the Telecommunications Act, 2023

New Telecom Rules Notified under the Telecommunications Act, 2023

The government has notified a new set of telecom rules under the Telecommunications Act, 2023, replacing the old licensing framework with an authorisation-based regime and simplifying compliance for telecom operators and Internet Service Providers.

What Changes for Telecom Operators and Users?

• The rules do not bring major day-to-day operational changes for telecom users or operators.
• The main objective is to simplify the old regulatory framework under the Indian Telegraph Act, 1885 and related laws.
• The old telecom licensing system has been replaced with an authorisation regime.
• Telecom operators and ISPs can either shift to the new authorisation regime or continue till their existing licences expire.
• Compliance and paperwork requirements for telcos and ISPs have been simplified.
• Anti-spam obligations have been added for telecom service providers.
• The rules allow the government to regulate telecommunication services more clearly under the new law.

Provisions Already Brought into Force

• The Universal Service Obligation Fund has been renamed as Digital Bharat Nidhi.
• The government has been given power to seize telecom infrastructure on grounds of national security or war.
• Interception-related provisions have been notified, allowing authorised officials to issue phone and internet tapping orders.
• The government has retained significant powers over communication networks in security-related situations.

Powers Given to the Government

• The Act gives the Union government wider control over telecom infrastructure.
• It allows regulation of services that fall within the definition of “telecommunication”.
• The government can act in matters related to national security, public order and emergency situations.
• It can impose obligations on service providers for anti-spam enforcement.

Uncertain Areas

• The final rules have removed explicit references to satellite internet services such as GMPCS.
• Starlink and other satellite internet approvals remain unclear.
• Important operational details are still awaited.
• Further clarity is needed on technical directions, exemption thresholds and sound track-record criteria.