APP Users: If unable to download, please re-install our APP.
Only logged in User can create notes
Only logged in User can create notes

General Studies 2 >> Polity

audio may take few seconds to load

TELECOMMUNICATION BILL 2023

TELECOMMUNICATION BILL 2023

 
 
 
 
1. Context
 
 
The Telecommunications Bill, 2023, has opened the door for administrative allocation of spectrum for satellite broadband services, which is the global norm for assigning spectrum to entities. This could be a big win for Bharti Airtel’s OneWeb, Elon Musk’s Starlink, and Amazon’s Kuiper.
 
 
2. About The Telecommunications Bill, 2023
 

The Telecommunications Bill, 2023, introduced in Lok Sabha on December 18, 2023, aims to regulate telecommunication activities, repealing the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

Key provisions include

  • Prior authorization from the central government is required for telecommunication services, network operations, and possession of radio equipment. Existing licenses remain valid for the granted period or five years if unspecified.
  • Spectrum assignment is through auction, except for specific uses like national security, disaster management, and public services. Central government may repurpose or reassign frequencies and permit sharing, trading, leasing, and surrender of spectrum.
  • Messages may be intercepted on grounds of public safety or emergency, specified in the interest of the state, prevention of offences, or public order. Telecom services may be suspended under similar grounds. Temporary possession of telecom infrastructure is allowed during public emergencies.
  • Central government may prescribe standards for telecom equipment, infrastructure, networks, and services.
  • Facility providers can seek a right of way for telecom infrastructure on a non-discriminatory basis.
  • The central government may implement measures like prior consent for specified messages, the creation of Do Not Disturb registers, and a mechanism for reporting malware. Telecom service providers must establish online mechanisms for grievance redressal.
  • Amendments allow individuals with at least 30 years of professional experience to serve as the chairperson of TRAI and those with at least 25 years of experience to be members.
  • The Universal Service Obligation Fund is renamed Digital Bharat Nidhi, allowing its use for research and development.
  • Criminal and civil offences specified, including unauthorized provision of telecom services, network access, and possession of unauthorized equipment. Penalties include imprisonment and fines.
  • Adjudicating officer appointed by the central government for civil offences. Appeals can be made to the Designated Appeals Committee and further to TDSAT for breaches of terms and conditions.
 
3. Spectrum allocation in India
 
  • Spectrum allocation in India involves a combination of administrative allocation and auction allocation, governed by the Department of Telecommunications (DoT) and the Telecom Regulatory Authority of India (TRAI) assigning specific radio frequencies to various services like mobile communication, broadcasting, and radio navigation.
  •  It's a complex process balancing efficient resource utilisation with promoting competition and innovation.
  • Spectrum Allocation includes Methods of Administrative Allocation and Auction Allocation.
 
4. Administrative Allocation of Spectrum
 

Administrative allocation of spectrum is a method where the government directly assigns specific radio frequencies to entities without involving an auction process. The decision-making authority rests with the Department of Telecommunications (DoT) in India, guided by established regulations and policies.

Who receives spectrum through this method?

  • Agencies like Defence, Railways, and Police need a dedicated spectrum for secure communication and operations.
  • Doordarshan and All India Radio receive spectrum through administrative allocation to ensure wider access to public information and programming.
  • Specific services can also be used for services deemed critical for national security, disaster management, or scientific research.
  • The recently proposed amendments in the Telecommunications Bill 2023 suggest administrative allocation for satellite broadband services like OneWeb and Starlink to bridge the digital divide in rural areas.

Advantages

  • Compared to auctions, allocating spectrum directly can be quicker, especially for critical services where time is of the essence.
  • Administrative allocation can ensure that entities serving public needs or providing essential services have guaranteed access to spectrum, even if they lack financial resources for auctions.
  • Spectrum can be specifically allocated to services contributing to specific national priorities, like boosting rural connectivity or scientific research.

Disadvantages

  • The decision-making process might lack transparency if clear criteria and guidelines are not followed, potentially leading to concerns about bias or unfairness.
  • Without the competitive pressure of auctions, there might be less incentive for efficient use of allocated spectrum, potentially hindering innovation and service quality.
  • There's a risk of political influence or corruption if proper oversight and accountability mechanisms are not in place.
 
5. Auction Allocation of Spectrum

 

Auction allocation of spectrum is a method where the government sells licenses to use specific radio frequencies through open bidding. Instead of direct government assignment, entities compete for the rights to these valuable airwaves by offering the highest price. 

Who participates in spectrum auctions?

  • Telecom operators like Airtel, Jio, and Vodafone Idea participate in auctions to acquire spectrum for their mobile services like 4G and 5G.
  • Private broadcasters like Television channels and radio stations bid for spectrum to broadcast their programs.
  • Sometimes, new companies looking to enter the telecom or broadcasting market may also participate in auctions.

Benefits of Auction Allocation

  • By pitting companies against each other, auctions ensure that the spectrum goes to those who value it most, potentially leading to better services and lower prices for consumers.
  • Auction proceeds can be a significant source of income for the government, which can be used to fund infrastructure development and other public services.
  • Since companies pay for the spectrum they acquire, they are more likely to use it efficiently and avoid wastage.

Challenges of Auction Allocation

  • Designing and conducting auctions can be a complex and time-consuming process, delaying the deployment of new services.
  • The high cost of participating in auctions can make it difficult for smaller companies to compete with established players, potentially hindering innovation.
  • If the spectrum is concentrated in the hands of a few big players, it can exacerbate the digital divide, as smaller players may struggle to offer services in rural or remote areas.
 
 
For Prelims: Department of Telecommunications, satellite broadband services, Telecom Regulatory Authority of India, The Telecommunications Bill, Digital Bharat Nidhi, Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, the Telegraph Wires (Unlawful Possession) Act, 1950
For Mains: 
1. How does the Telecommunications Bill 2023 aim to streamline and modernize the telecommunications sector in India? What are its potential implications for user privacy, government control, and innovation? (250 Words)
 
Previous Year Questions 
 
1. What is a "Virtual Private Network"? (UPSC 2011)
A.  It is a private computer network of an organization where remote users can transmit encrypted information through the server of the organization
B. It is a computer network across a public internet that provides users access to their organization's network while maintaining the security of the information transmitted
C. It is a computer network in which users can access a shared pool of computing resources through a service provider
D. None of the statements (a), (b), and (c) given above is a correct description of a Virtual Private Network
 
 
2. With reference to communication technologies, what is/are the difference/differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)? (UPSC 2019)
1. LTE is commonly marketed as 3G and VoLTE are commonly marketed as advanced 3G.
2. LTE is data-only technology and VoLTE is voice-only technology.
Select the correct answer using the code given below.
A. 1 only          B. 2 only        C.  Both 1 and 2         D. Neither 1 nor 2
 
 

3. In India, the term “Public Key Infrastructure” is used in the context of (UPSC 2020)

(a) Digital security infrastructure
(b) Food security infrastructure
(c) Health care and education infrastructure
(d) Telecommunication and transportation infrastructure

 

4. Which of the following is/are the aims/aims of the “Digital India” Plan of the Government of India? (UPSC 2018)

  1. Formation of India’s own Internet companies like China did.
  2. Establish a policy framework to encourage overseas multinational corporations that collect Big Data to build their large data centres within our national geographical boundaries.
  3. Connect many of our villages to the Internet and bring Wi-Fi to many of our schools, public places and major tourist centres.

Select the correct answer using the code given below:

(a) 1 and 2 only           (b) 3 only              (c) 2 and 3 only           (d) 1, 2 and 3

 

5. With reference to Web 3·0, consider the following statements:  (UPSC 2022)

1. Web 3·0 technology enables people to control their own data.

2. In Web 3·0 world, there can be blockchain based social networks.

3. Web 3·0 is operated by users collectively rather than a corporation.

Which of the statements given above are correct?

A. 1 and 2 only         B. 2 and 3 only        C. 1 and 3 only       D. 1, 2 and 3

Answers: 1-B, 2-D, 3-A, 4-B, 5- D

 Source: The Indian Express and PRS 


Share to Social