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Act44
Enacted 2023

The Telecommunications Act, 2023

In force 62 sections Communications

An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto.

Act 44 of 2023 Enacted 24 Dec 2023 Department Department of Telecommunications

Administered by. Ministry of Communications, Department of Telecommunications · Other Acts of 2023

Preamble

THE TELECOMMUNICATIONS ACT, 2023

ACT NO. 44 OF 2023

[24th December, 2023.] An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:---

What this Act covers

Summary of Telecommunications Act, 2023

Key Provisions

Preliminary Provisions

1. Short Title, Extent, and Commencement (Section 1)

• Title: Telecommunications Act, 2023

• Extent: Whole of India and offences outside India

Powers of Authorisation and Assignment

2. Authorisation (Section 3)

• Mandatory for: Providing telecommunication services (potentially including notified broadcasting services), establishing/maintaining networks, or possessing radio equipment.

• Exemptions: Possible in public interest, with considerations for newly notified services.

3. Assignment of Spectrum (Section 4)

• Ownership and Assignment Process: Applies to all services deemed telecommunication services by the Act or subsequent notifications.

Right of Way for Telecommunication Network

• Applicable to All Notified Services: Provisions for right of way, non-discriminatory grant, common ducts, and dispute resolution apply broadly.

Standards, Public Safety, National Security, and Protection

• Broad Application: Standards, safety, security, and protection measures apply to all services covered under the Act, including those notified subsequently.

User Protection and Adjudication

• Universal Application: User rights, duties, dispute resolution, adjudication of contraventions, and penalties apply across all telecommunication services as defined or notified.

Sections

Type to filter. 62 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Authorisation
  4. 4Assignment of spectrum
  5. 5Re-farming and harmonisation
  6. 6Technologically neutral use of spectrum
  7. 7Optimal utilisation of spectrum
  8. 8Establishment of monitoring and enforcement mechanism
  9. 9No refund of fees
  10. 10Definition of terms used in this Chapter
  11. 11Right of way for telecommunication network in public property
  12. 12Right of way for telecommunication network on property not covered under section 11
  13. 13Non-discriminatory and non- exclusive grant of right of way
  14. 14Telecommunication network distinct from property on which it is installed
  15. 15Power of Central Government to establish common ducts and cable corridors
  16. 16Removal, relocation or alteration of telecommunication network
  17. 17Notice to facility provider
  18. 18Dispute resolution relating to this Chapter
  19. 19Power to notify standards
  20. 20Provisions for public emergency or public safety
  21. 21Measures for national security, etc
  22. 22Protection of telecommunication network and telecommunication services
  23. 23Power to give directions
  24. 24Establishment of Digital Bharat Nidhi
  25. 25Crediting of sum to Consolidated Fund of India
  26. 26Administration of Digital Bharat Nidhi
  27. 27Regulatory sandbox
  28. 28Measures for users
  29. 29Duty of users
  30. 30Dispute resolution mechanism to redress user grievances
  31. 31Definitions of terms used in this Chapter
  32. 32Breach of terms and conditions of authorisation or assignment
  33. 33Contraventions of Act
  34. 34Voluntary undertaking for contraventions
  35. 35Adjudicating Officer
  36. 36Designated Appeals Committee
  37. 37Process to be followed by Adjudicating Officer and Designated Appeals Committee
  38. 38Enforcement
  39. 39Appeals on matters relating to section 32
  40. 40Appeals on matters relating to section 33
  41. 41Jurisdiction of civil court barred
  42. 42General provisions relating to offences
  43. 43Power to search
  44. 44Supply of information to authorised officers
  45. 45Creation of security interests
  46. 46Certification of person for operation of radio equipment on a vessel or aircraft
  47. 47Certification for amateur station operator
  48. 48Prohibition of use of equipment which blocks telecommunication
  49. 49Penalties not to affect other liabilities
  50. 50Act to apply for offence or contravention committed outside India
  51. 51Protection of action taken in good faith
  52. 52Consistency with other laws
  53. 53Implementation of Act
  54. 54Employee of authorised entity not to be compelled to appear as witness
  55. 55Rights in Continental Shelf and Exclusive Economic Zone
  56. 56Power of Central Government to make rules
  57. 57Power of Central Government to amend Schedules
  58. 58Power to remove difficulties
  59. 59Amendment to Act 24 of 1997
  60. 60Repeal of certain Acts and savings
  61. 61Existing rules to continue
  62. 62Validation of certain acts and indemnity

Legislative history

Legislative History: The Telecommunications Act, 2023 Source: Official Record of Parliament, India Code, and Ministry of Communications Act Title - The Telecommunications Act, 2023 Act Number - Act No. 44 of 2023 Act ID (India Code) - 202344 Presidential Assent date - December 24, 2023 Enforcement Date - December 24, 2023 Nodal Ministry - Ministry of Communications Precedent & Historical Rationale ● Repeal of Century-Old Telegraph Laws: Repeals the colonial-era Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933, consolidating fragmented telecom laws into a single, modern statutory framework. ● Spectrum Assignment Reforms & Digital Bharat Nidhi: Establishes administrative spectrum allocation for non-commercial and strategic sectors (e.g., satellite broadband, defence, emergency services) alongside auctions, while replacing the Universal Service Obligation Fund (USOF) with the broader Digital Bharat Nidhi for expanding connectivity and R&D. Parliamentary Trajectory & Enactment ● Formulation: Introduced by the Union Minister of Communications, Shri Ashwini Vaishnaw, to overhaul national telecom governance, promote spectrum efficiency, secure digital networks, and enhance right-of-way provisions across India. ● Parliamentary Passage: Introduced in the Lok Sabha on December 18, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023. ● Presidential Assent: Received the assent of the President of India on December 24, 2023. ● Enforcement: Enforced on December 24, 2023 .

Schedules

This Act has 3 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

9 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Telecommunications (Framework to Notify Standards, Conformity Assessment and Certification) Rules, 20252025
  • Telecommunications (Administration of Digital Bharat Nidhi) Rules, 20242024
  • Telecommunications (Amateur Services) Rules, 20242024
  • Telecommunications (Commercial Radio Operator Certificate of Proficiency to Operate Global Maritime Distress and Safety System) Rules, 20242024
  • Telecommunications (Critical Telecommunication Infrastructure) Rules, 20242024
  • Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 20242024
  • Telecommunications (Right of Way) Rules, 20242024
  • Telecommunications (Telecom Cyber Security) Rules, 20242024
  • Telecommunications (Temporary Suspension of Services) Rules, 20242024

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 62 sections of this Act has its own page. This page is not a substitute for legal advice.