The Government of India on Monday (18 December) presented the draft of the Telecom Bill, 2023 in the Lok Sabha. Telecommunication Bills Indian Telegraph Act (1885), Indian Wireless Telegraphy Act ( 1933) and Telegraph Wire (Unlawful Possession) Act, 1950 repealed Tries to do.
Union Telecom Minister Ashwini Vaishnav introduced the bill. Notably, the bill was introduced in the Lok Sabha on a day when Parliament suspended 78 opposition MPs. These include MPs from both houses of Parliament. The government introduced this bill as a money bill, but the question is why, let us tell you in detail about the bill and its provisions.
Explained: What is Telecom Bill 2023? Why did the government introduce it as a money bill?
What is telecom bill?
The Bill seeks to create a legal and regulatory framework for secure telecommunications networks. In the draft, it is proposed to exclude communication platforms like WhatsApp, Telegram etc. from the scope of the bill. This was not the case in the earlier draft.
The Bill has a provision to give the government the power to suspend, take control or manage any telecommunication service, network in cases of public emergency or national security.
The bill states: “On the occurrence of any public emergency including disaster management, or in the interest of public safety, any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do, notify By– (a) taking temporary possession of any telecommunication service or telecommunication network from any authorized entity; or (b) provide reasonable mechanisms to ensure that messages from an authorized user or group of users are given priority for response and recovery during a public emergency.”
What is the provision in the bill?
The bill also provides that anyone who illegally attempts to intercept phone communications, tries to transfer unauthorized data or tries to gain illegal access to a telecommunications network will be sent to jail for up to three years . Additionally, a fine of up to Rs 2 crore (about US$249,000) can also be imposed.
The Bill also proposes that the government be given the power to take steps like waiver of entry fees, license fees, fines etc. to ensure competition in the telecom sector.
The draft talks about removing OTT apps from the definition of telecommunication.
According to various media reports, the impact of the implementation of certain provisions of the Telecom Bill, if it becomes an Act, will lead to restrictions on certain powers of the Telecom Regulatory Authority of India (TRAI).
The Telecom Bill also has provisions to ease certain rules related to license fee refund, registration fee refund and more in case a company surrenders its permit.
The Bill seeks to create a framework for telecommunication networks through right-of-way provisions and establishment of common pipelines.
It has also been proposed in the draft of the bill that the government should be given the right to allocate satellite spectrum administratively. Till now, telecom companies have participated in the auction and submitted bids to win the spectrum.
Why was it presented like a money bill?
The question is why the Telecom Bill 2023 was presented as a money bill. Money Bill is not presented in Rajya Sabha, secondly, if this bill was presented as an ordinary bill, it would have to be passed by Rajya Sabha also. If you look at the mathematics of Rajya Sabha, the ruling party is not in majority here. In such a situation, he would have to make efforts to get any bill passed.
Now the Center is calling the Telecom Bill very important, hence it was necessary to present it as a money bill so that there is no hindrance in the direction of the Bill becoming an Act. The government has a strong majority in the Lok Sabha and the Center can pass this bill without any problem.
What is a money bill?
The government brings money bills to complete its financial plans. These bills give legal power to raise revenue and spend. To strengthen the management of finances, the government has power and a simple legislative process. The main difference between a Money Bill and a Finance Bill is that a Finance Bill is introduced in the Rajya Sabha whereas a Finance Bill does not need to be introduced in the Rajya Sabha. Moreover, an ordinary bill can be introduced in either house. Whereas a money bill can be introduced only in the Lok Sabha.
Are there any concerns about the provisions of the Bill?
Governments have in the past also taken steps like suspending internet services in violence-hit areas until peaceful situation is restored. This step in itself remains a matter of debate.
But now the draft Telecom Bill proposes to give the government the right to “temporarily take over” the network. Media reports have quoted experts as saying that the government should clarify what ‘occupation’ is and how the ‘temporary’ period will be defined.
Critics of the law have alleged that the bill will result in TRAI becoming a mere rubber stamp, as the bill significantly weakens the regulator’s powers.
The draft also has a provision to allow appointment of private sector corporate executives for the role of TRAI Chairman. This provision may start a debate.
The draft states that such an executive can be appointed “if such person has at least thirty years of professional experience and has served as a member of the board of directors or as a chief executive of a company in certain sectors “.
The second issue is that of spectrum allocation. Private telecom companies are divided on this issue.
During TRAI’s consultation process in June this year, Elon Musk’s Starlink, Amazon’s Project Kuiper, India’s Tata Group opposed the allocation of satellite spectrum through auction. Meanwhile, Bharti Airtel and Reliance Jio supported the spectrum auction.
