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Department of Telecom

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Inviting comments on the draft Indian Telecommunication Bill 2022

Start Date :

Sep 23, 2022

Last Date :

Oct 20, 2022

23:45 PM IST (GMT +5.30 Hrs)

Submission Closed

Ministry of Communications had initiated a public consultative process to develop a modern and future-ready legal framework in telecommunication. ...

Ministry of Communications had initiated a public consultative process to develop a modern and future-ready legal framework in telecommunication.

With 117 crore subscribers, India is the world’s second largest telecommunication ecosystem. The telecommunication sector employs more than 4 million people and contributes about 8% of the country’s GDP.

The existing regulatory framework for the telecommunication sector is based on the Indian Telegraph Act, 1885. The nature of telecommunication, its usage and technologies have undergone a massive change since the era of “telegraph”. The world stopped using “telegraph” in 2013.

In the past eight years, the Government has taken several initiatives for the growth of the telecommunication sector. It is in this context that we have taken up the initiative to restructure the legal and regulatory framework for the telecommunications sector.

The Bill will replace the existing legal framework governing telecommunication in India, comprising of the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.

In July 2022, a Consultation Paper on ‘Need for a new legal framework governing Telecommunication in India’ was published and comments were invited. Comments have been received from various stakeholders and industry associations.

Based on the consultations and deliberations, the Ministry has now prepared the draft Indian Telecommunication Bill, 2022. To facilitate further consultations, an Explanatory note to provide a brief overview of the Bill has also been prepared.

Citizens are invited to share their comments on the Draft Indian Telecommunication Bill 2022 on the MyGov Platform.

The draft Bill and Explanatory note can be accessed at https://dot.gov.in/relatedlinks/indian-telecommunication-bill-2022.

Last date of sending the comments on MyGov platform will be 20th October 2022.

Comments may also be sent on the email ID: naveen.kumar71@gov.in

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SANJAY SARKAR 3 years 6 months ago

“Unlike many other natural resources, spectrum is completely reusable. In view of this uniqueness of spectrum, the Bill addresses situations where spectrum is not being put to use due to insolvency," the government said in the note.

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SANJAY SARKAR 3 years 6 months ago

However, if a telco undergoes insolvency and intends to shut down or suspend operations, but continues to provide services, does not default in payments and complies with modified terms and conditions, the government can assign another person or entity to manage the operations for a certain period of time, the bill stipulated. The government can take this step to ensure national security, consumer interest, or security, reliability and continued supply of services in India or any part of the country.

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SANJAY SARKAR 3 years 6 months ago

Spectrum allocated to telcos presently undergoing insolvency, that are unable to offer services, pay dues or comply with license conditions, will be taken back by the government.

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SANJAY SARKAR 3 years 6 months ago

In case of default payment of any amount the government will determine extraordinary circumstances, including financial stress, consumer interest, maintaining competition in the sector, or reliability and continued supply of services to allow full or partial relief, write-off or deferment or conversion of the amount into shares, through a special enabling framework.

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SANJAY SARKAR 3 years 6 months ago

“The bill seeks to simplify the framework for mergers, demergers and acquisitions, or other forms of restructuring, by only requiring intimation to the licensing authority," the government said in an explanatory note. The companies will have to comply with the restructuring scheme under the Companies Act and inform the department of telecom.

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SANJAY SARKAR 3 years 6 months ago

under which the framework for mergers and acquisitions will be simplified and relief, write-off or deferment of dues may be allowed in cases of payment default in extraordinary circumstances

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Rajya lakshmi Devarapalli 3 years 6 months ago

Respected PMO, You all are doing a great job for this Nation. As a Citizen of this country we will give our full support for this because it is my dream project towards this Nation. I request each and everyone to support this project. I am completely happy to have this project. I will tell everyone who don't know about my gov app. It is a great app to build a strong and developed Nation. I don't have any words about GOI. I salute each and every one from bottom of my heart. Thank you so much to all of you. Most Respectfully, D.Rajya lakshmi.

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SANJAY SARKAR 3 years 6 months ago

DoT has been of the opinion that being a public resource, the ownership of spectrum is with the Government and therefore it cannot be sold by the banks under the insolvency process. Under the new framework, the ailing operator will continue to own the license and spectrum as long as it continues to provide services and government dues are paid.

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SANJAY SARKAR 3 years 6 months ago

Insolvency cases under IBC have not had much success because there was no clarity on whether the spectrum owned by the defaulting operator belongs to the Centre or whether banks can take control. DoT has been of the opinion that being a public resource, the ownership of spectrum is with the Government and therefore it cannot be sold by the banks under the insolvency process.

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SANJAY SARKAR 3 years 6 months ago

According to top officials, the new Bill will put spectrum ownership in the hands of the government in case of a telecom operator goes through bankruptcy. This is being done to remove all ambiguity under the existing rules under the Insolvency and Bankruptcy Code.

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