The Department of Telecommunications (DoT) on July 18th 2024 unveiled the Draft Telecommunications (Adjudication and Appeal) Rules, 2024 under the Telecommunications Act 2023. The rules, proposed under sections 35, 36 and 37 of the Act, outline procedures for adjudicating officers (AOs) and designated appeals committees (DACs) to address breaches of telecom licenses, radio frequency assignments and other contraventions.
Under these sections, when there is a breach of terms and conditions of an authorization (like a telecom license) or an assignment of radio frequency, or there are contraventions such as a person having more SIMs than notified, or possessing radio equipment without an authorization or exemption, or sending spam, the AO (not below the rank of a joint secretary) can hold inquiries and pass orders.
AOs, not below the rank of joint secretary, can issue show cause notices for breaches, giving at least 15 days for response. For contraventions, AOs can act suo motu or on complaints.
Complainants must pay a ₹5,000 fee and provide government-issued ID and evidence. Without these, complaints will not be considered.
The inquiry process, including the final order, should “normally” conclude within 90 days of the show cause notice, with a maximum extension to 120 days.
AOs can accept, reject or modify voluntary undertakings from authorized entities or assignees.
Aggrieved parties can appeal to the DAC, whose members must be at least additional secretary rank, within 30 days of the AO’s order. The appeal fee is ₹10,000.
The Act mandates digital-by-design processes for AOs and DACs, allowing “techno-legal measures” for online functioning. The draft rules empower the central government to notify a digital portal for implementing these processes.
Each AO and DAC will have a secretariat, with appointments notified in the official gazette.
PUBLIC CONSULTATION:
The DoT has invited feedback within 30 days, from stakeholders including telecommunication companies, property owners, and the general public, to ensure inclusivity and transparency in finalizing the Telecommunications (Adjudication and Appeal) Rules, 2024
E-mail: jst-dot@gov.in
Objections or suggestions, if any, may be addressed to the Joint Secretary (Telecom), Department of Telecommunication, Ministry of Communication, Government of India, Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001;
Deadline: 17th August 2024
