India: Telecom Bill tabled in Lok Sabha lets govt take over mobile network for ‘national security’

The Indian government tabled draft Telecommunications Bill, 2023 in the parliament on Monday (Dec 18) seeking to repeal old laws that governthe telecom sector in India. The bill was introduced in Lok Sabha, the lower house of the parliament, by India's Communications Minister Ashwini Vaishnaw. The bill if passed, would enable the Government of India to take over, manage, or suspend telecom services for national security reasons.

"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 authorised in this behalf by the Central Government or a State Government, if satisfied that is necessary or expedient so to do, by notification-- (a) take temporary possession of any telecommunication service or telecommunication network from any authorised entity; or (b) provide for appropriate mechanism to ensure that messages of a user or group of users authorised for response and recovery during public emergency are routed on priority," the bill read.

The draft bill also seeks to remove OTT (Over-the-top) content apps from the definition of telecom services. Moreover, communication platforms like WhatsApp and Telegram will not be in the purview of the bill.

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The Cabinet gave its nod to the bill in August this year. At the time, the bill had proposed that OTT apps and messaging platforms be brought under the definition of telecom services.

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The bill also empowers the government to take steps such as waiving entry fees, license fees or imposing penalty in order to maintain competition in the telecom sector.

As per media reports, the bill also seeks to relax rules governing refund of license fees in case a company surrenders its permit.

The bill reportedly provides for administrative allocation of spectrums. As of now, the spectrums are auctioned. The government expects that this change will help in faster launch of new services.

Opposition protests

Lok Sabha had to be adjournded twice on Monday as Opposition MPs protested demanding Union Home Minister Amit Shah give a statement on the parliament security breach.

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The proceedings were adjourned till 12 pm at first but as Opposition continued protesting even after 12 pm, it had to be adjourned till 2 pm.

On December 13, two men jumped into the house from public gallerywith smoke bombs and shouted slogans before they were overpowered by the MPs. More arrests have been made in the days since.

(With inputs from agencies)