Amendment to Act 24 of 1997

Section 59 of the Telecommunications Act, 2023 deals with amendment to Act 24 of 1997. In the Telecom Regulatory Authority of India Act, 1997, --- (a) in section 2, --- (i) in sub-section (1),--- (A) for clause (e), the following clause shall be substituted, namely:--- '(e) "licensee" means an authorised entity providing telecommunication services under the Telecommunications Act, 202 The Act was enacted on 24 Dec 2023.

In the Telecom Regulatory Authority of India Act, 1997, ---

(a) in section 2, ---

(i) in sub-section (1),---

(A) for clause (e), the following clause shall be substituted, namely:---

'(e) "licensee" means an authorised entity providing telecommunication services under the Telecommunications Act, 2023, or registered for providing cable television network under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other Act for the time being in force;';

(B) for clause (ea), the following clause shall be substituted, namely:---

'(ea) "licensor" means the Central Government which grants an authorisation for telecommunication services under the Telecommunications Act, 2023, or registration under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or any other Act for the time being in force;';

(C) after clause (j), the following clause shall be inserted, namely: ---

'(ja) "telecommunication" shall have the meaning as assigned to it in the Telecommunications Act, 2023;---;

(D) for clause (k), the following clause shall be substituted, namely:---

'(k) "telecommunication services" means any service for telecommunication;";

(ii) in sub-section (2), for the words and figures "the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933)", the words, figures and brackets "the Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)" shall be substituted;

(b) in section 4, for the proviso, the following provisos shall be substituted, namely:---

"Provided that a person who is, or has been, in the service of Government shall not be appointed"

(a) as a Chairperson unless such person has held the post of Secretary to the Government of India or any equivalent post in the Central Government or the State Government; or

(b) as a member unless such person has held the post of Additional Secretary to the Government of India or any equivalent post in the Central Government or the State Government:

Provided further that a person who is, or has been, in a service other than that of Government, shall be appointed--

(a) as a Chairperson if such person has at least thirty years of professional experience and has served as a member of the board of directors or a chief executive of a company in the areas as specified in this section; or

(b) as a Member if such person has at least twenty-five years of professional experience and has served as a member of the board of directors or chief executive of a company in the areas as specified in this section.";

(c) in section 11,---

(i) in sub-section (1), --

(A) for the words and figures "Indian Telegraph Act, 1885 (13 of 1885)", the words, figures and brackets "Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)" shall be substituted;

(B) in the fifth proviso, for the portion beginning with the words may, within fifteen days from the date of receipt and ending with the words take a final decision, the following shall be substituted, namely:---

shall, within thirty days from the date of receipt of such reference communicate to the Central Government any further recommendations that it may have, after considering the reference made by the Central Government and after receipt of further recommendation if any, the Central Government shall take a final decision. ';

(ii) in sub-section (2),---

(A) for the words and figures Indian Telegraph Act, 1885 (13 of 1885)", the words, figures and brackets "Telecommunications Act, 2023 or the Cable Television Networks (Regulation) Act, 1995 (7 of 1995)" shall be substituted;

(B) after the proviso, the following proviso shall be inserted, namely:---

"Provided further that the Authority may direct an authorised entity or class of authorised entities providing telecommunication services, to abstain from predatory pricing that is harmful to competition, long term development and the overall health of the telecommunication sector.";

(d) in section 14, in clause (a),---

(i) sub-clause (i) shall be omitted;

(ii) for paragraph (C), the following shall be substituted, namely:---

"(C) any disputes to be adjudicated by the Adjudicating Officer or the Designated Appeals Committee under the Telecommunications Act, 2023;

(iii) after clause (c), the following clause shall be inserted, namely:---

"(d) hear and dispose of appeals under section 39 of the Telecommunications Act, 2023.

Any action instituted under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and pending immediately before the appointed day in the Telecom Disputes Settlement and Appellate Tribunal, shall continue to be heard and disposed of by the Telecom Disputes Settlement and Appellate Tribunal as if this Act had not been passed;";

(e) for section 38, the following section shall be substituted, namely:---

"38. Application of certain laws.--- The provisions of this Act shall be in addition to the provisions of the Telecommunications Act, 2023 and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be exercised or performed by the appropriate authority in relation to any area falling within the jurisdiction of such authority."

Section 59, The Telecommunications Act, 2023 (Act 44 of 2023).