Draft Indian Telecommunication Bill, 2022

Why in the News?

The Department of Telecommunications has proposed to dilute the powers and responsibilities of the Telecom Regulatory Authority of India (TRAI) in the proposed draft, Indian Telecommunication Bill, 2022.

Key Points:

About

Draft, Indian Telecommunication Bill, 2022

• • Consolidation: The draft Bill consolidates three separate acts which currently govern the telecommunication sector:

• • • The Indian Telegraph Act, 1885
    • Indian Wireless Telegraphy Act, 1933
    • The Telegraph Wires (Unlawful Protection) Act, 1950

• Expansion of Telecom Services:

• • In the draft Bill, the government has included internet-based and ) Over-the-Top (OTT) communication services such as WhatsApp calls, Facetime, Google Meet etc. under telecom services,
• • • At present, while telecom companies need a licence to offer services, OTT platforms do not.
    • Bringing OTTs under the ambit of telecom services means that OTT and internet-based communications would require a licence to offer services.
• Exemption: The DoT could exempt entities from the requirement of obtaining a licence if it is in “public interest”.
• Information Interception: Information transmitted over telecommunication services could be intercepted by the government in the interest of the sovereignty of the country.
• It proposes to take away TRAI powers of recommendation to the government while issuing licenses to service providers.
• Check on Predatory Pricing: TRAI may direct operators “to abstain from predatory pricing” that is harmful to the overall health of the telecom sector.
• Appointing Official: A current provision in the TRAI Act which prohibits the appointment of a government official as TRAI’s chairperson who has not served either as Secretary or Additional Secretary has also been proposed to be removed in the new draft Bill.
• Telecommunication Development Fund (TDF): It also proposes to replace the Universal Service Obligation Fund (USOF) with the Telecommunication Development Fund (TDF)