The Ministry of Communications on 23rd July 2022, has notified a consultation paper on need for a new legal framework in telecom sector and has invited comments from the stakeholders which shall be addressed through email to naveen.kumar71@gov.in within 25th August 2022.
There have been rapid advances in telecommunication technology and corresponding proliferation of licenses, registrations, authorizations, permissions etc. in the telecommunication sector. The exclusive privilege of the Government to do things necessary in the context of telecommunication to provide telecommunication services, establish and maintain telecommunication network and infrastructure, is well recognized under laws of various jurisdictions. A new law needs to build upon this framework.
Such a new law also needs to provide adequate provisions to ensure regulatory certainty and promote investment. This would mean continuity of licenses and authorizations under the old regime. To minimize policy disruption, such a law needs to provide for continuation of rules, guidelines, administrative orders issued under the existing regime until superseded by new rules.
Despite the widespread availability of telecommunication in our country, tremendous improvement is required to ensure continuity of connectivity. As we move on to better technologies such as the deployment of 5G, their full value can be achieved only with smooth connectivity. Effective right of way is a pre-requisite to achieve this to enable expansion of telecommunication network and improvement of telecommunication services.
In line with the vision of PM Gati Shakti initiative, the new framework needs to incorporate provisions for establishing common ducts and cable corridors in infrastructure projects to ensure integrated development of infrastructure.
The new framework also needs to consider ways in which to overhaul the current Universal Service Obligation Fund with the wider concept of a “Telecommunication Development Fund”. This can address the larger public purpose of ensuring delivery of universal telecommunication service to underserved rural and urban areas, research and development of new technologies, and promote employment and training activities. This can enable the growth of indigenous companies in the technology space.
