Centre to gain emergency control over telecommunications with new Act

The central government will have the authority to control any telecommunications services or networks during emergencies following the implementation of the Telecommunications Act 2023, set to take effect on June 26.

The Centre issued a partial notification of the Telecommunications Act on Friday, announcing that specific provisions, including sections 1, 2, 10, and 30, will be enforced starting June 26. The Gazette notification stated, "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."

Under the new act, the government is empowered to take control of telecom services on grounds of security, public order, or the prevention of offences. Specifically, Section 20, effective from June 26, states, "On the occurrence 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 authorized in this behalf by the Central Government or a State Government, can take temporary possession of any telecommunication service or telecommunication network from an authorized entity; or provide for appropriate response and recovery during a public emergency are routed on priority."

Additionally, the act mandates that any telecom operator wishing to establish or operate telecommunication networks, provide services, or possess radio equipment must obtain authorization from the government.

A significant change under the new rules is the transformation of the Universal Service Obligation Fund into the Digital Bharat Nidhi. This fund can now be utilized for funding research and development and pilot projects, rather than solely supporting the establishment of telecom services in rural areas.

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