The Telecommunications Bill 2023 offers a radical new approach to telecom regulation. It replaces the license-based regime with a more legislative approach that can only be good for the sector. There is much that remains to be done to get this right but the law is a step in the right direction.
A reflection on the tech policy developments in India during 2022. While my initial predictions about data protection laws and tech sector reforms didn’t unfold as expected, there have been positive strides in India’s digital public infrastructure, like the UPI payment system and Account Aggregator ecosystem. India’s upcoming G20 presidency could further spotlight its techno-legal approach to regulation.
The Department of Telecommunications has released a draft bill to replace the Indian Telegraph Act of 1885, aiming to reimagine the regulation of the telecom sector in India. The draft includes provisions for the government’s exclusive privilege to provide telecommunication services. It also brings obligations from license agreements into the statute, requiring parliamentary approval for amendments. The draft has been criticized for its broad definition of “telecommunication services,” potentially affecting over-the-top (OTT) services, and for loosely defined terms that could create loopholes.
The DOT is looking to revamp the Indian Telegraph Act to upgrade it to a modern law. If we had a blank slate to reimagine the law what would it look like. I suggest that we do away with the license regime and put all the regulations into the law. This way services providers just sign up a single document signifying that they are bound by the law and the regulations. Then we should simplify the entire system by simply dividing all telecom services into either carriage or access services and prescribing obligations in that manner. Lets make it technology neutral - especially when it comes to distinctions between voice and data.
India’s reliance on mobile data has exposed educational disparities during lockdown, with many students unable to access online learning. The newly approved Prime Minister Wi-Fi Access Network Interface (PM-WANI) aims to radically alter data services by unbundling components, encouraging entrepreneurial opportunities, and potentially improving accessibility and quality of internet connectivity.
The Covid-19 lockdowns have brought about some irreversible changes, including the shift towards remote work, reduced reliance on commercial real estate, a decline in air travel, and changes in mass entertainment. In order to facilitate these transformations we need more accommodating internet regulations.
In 1998, Indian private telecom companies faced bankruptcy due to a crippling fixed-fee license model. The government’s 1999 policy shift to a revenue-sharing model saved the sector. Now, with a Supreme Court ruling on unpaid license fees, the sector faces crisis again, requiring government intervention.
The Indian government is leveraging its authority over telecom operators to indirectly regulate entities like WhatsApp and mobile manufacturers, which are beyond its direct control in an attempt to combat issues like fake news and ensure compliance with Do Not Disturb regulations. This approach indicates a strategy to extend regulatory authority into areas beyond its statutory reach, potentially compelling entities to comply to maintain access to the Indian market.
