The Telecommunications Act, 2023

(1) This Act may be called the TelecommunicationsAct, 2023. (2) It extends to,-- (i) the whole of India; and (ii) to any offence committed or contravention made outside India by any person, as provided inthis Act. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act and anyreference in any such provision to the commencement of this Act shall be construed as a reference to thecommencement of that provision.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means such date as the Central Government may, by notification appointunder sub-section (3) of section 1; (b) "assignment" of a radio frequency or radio frequency channel means the permission for aradio station to use a radio frequency or radio frequency channel under specified conditions; (c) "assignee" means a person holding an assignment of a radio frequency or radio frequencychannel under section 4; (d) "authorisation" means a permission, by whatever name called, granted under this Act for-- (i) providing telecommunication services; (ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment; (e) "authorised entity" means a person holding an authorisation under section 3; (f) "critical telecommunication infrastructure" means telecommunication networks notified undersub-section (3) of section 22; (g) "message" means any sign, signal, writing, text, image, sound, video, data stream, intelligenceor information sent through telecommunication; (h) "National Frequency Allocation Plan" means guidelines issued from time to time by theCentral Government for the use of the spectrum; (i) "notification" means a notification published in the Official Gazette and the expression"notified" shall be construed accordingly; (j) "person" shall include an individual, any company or association or body of individuals,whether incorporated or not, by whatsoever name called or referred to; (k) "prescribed" means prescribed by rules made under this Act; (l) "radio equipment" means telecommunication equipment used or capable of use fortelecommunication by means of Hertzian or radio waves; (m) "radio waves" means electro-magnetic waves of frequencies propagated in space without anyartificial guide; (n) "Schedule" means a schedule to this Act; (o) "spectrum" means the range of frequencies of Hertzian or radio waves; (p) "telecommunication" means transmission, emission or reception of any messages, by wire,radio, optical or other electro-magnetic systems, whether or not such messages have been subjected torearrangement, computation or other processes by any means in the course of their transmission,emission or reception; (q) "telecommunication equipment" means any equipment, appliance, instrument, device, radiostation, radio equipment, material, apparatus, or user equipment, that may be or is being used fortelecommunication, including software and intelligence integral to such telecommunicationequipment; and excludes such equipment as may be notified by the Central Government; (r) "telecommunication identifier" means a series of digits, characters and symbols, or acombination thereof, used to identify uniquely a user, a telecommunication service, atelecommunication network, elements of a telecommunication network, telecommunicationequipment, or an authorised entity; (s) "telecommunication network" means a system or series of systems of telecommunicationequipment or infrastructure, including terrestrial or satellite networks or submarine networks, or acombination of such networks, used or intended to be used for providing telecommunication services,but does not include such telecommunication equipment as notified by the Central Government; (t) "telecommunication service" means any service for telecommunication; (u) "user"means a natural or legal person using or requesting a telecommunication service, butdoes not include person providing such telecommunication service or telecommunication network.

(1) Any person intending to--- (a) provide telecommunication services; (b) establish, operate, maintain or expand telecommunication network; or (c) possess radio equipment, shall obtain an authorisation from the Central Government, subject to such terms and conditions,including fees or charges, as may be prescribed. (2) The Central Government may while making rules under sub-section (1) provide for differentterms and conditions of authorisation for different types of telecommunication services,telecommunication network or radio equipment. (3) The Central Government, if it determines that it is necessary in the public interest so to do, mayprovide exemption from the requirement of authorisation under sub-section (1), in such manner as may beprescribed. (4) Any exemption granted prior to the appointed day under the Indian TelegraphAct, 1885 (13 of 1885) or the Indian Wireless Telegraphy Act, 1933 (17 of 1933) shall continue underthis Act, unless otherwise notified by the Central Government. (5) Any authorised entity may undertake any merger, demerger or acquisition, or other forms ofrestructuring, subject to any law for the time being in force and any authorised entity that emergespursuant to such process, shall comply with the terms and conditions, including fees and charges,applicable to the original authorised entity, and such other terms and conditions, as may be prescribed. (6) A licence, registration, permission, by whatever name called, granted prior to the appointed dayunder the Indian Telegraph Act, 1885 (13 of 1885) or the Indian Wireless TelegraphyAct, 1933 (17 of 1933), in respect of provision of telecommunication services or telecommunicationnetwork--- (a) where a definite validity period is given, shall be entitled to continue to operate under theterms and conditions and for the duration as specified under such licence or registration orpermission, or to migrate to such terms and conditions of the relevant authorisation, as may beprescribed; or (b) where a definite validity period is not given, shall be entitled to continue to operate on theterms and conditions of such licence or registration or permission for a period of five years from theappointed day, or to migrate to such terms and conditions of the relevant authorisation, as may beprescribed. (7) Any authorised entity which provides such telecommunication services as may be notified by theCentral Government, shall identify the person to whom it provides telecommunication services throughuse of any verifiable biometric based identification as may be prescribed. (8) The Central Government may, subject to such terms and conditions, including fees or charges asmay be prescribed, allot telecommunication identifiers for use by authorised entities. (9) The Central Government may allow use of telecommunication identifiers allotted by internationalbodies which are recognised by the Central Government from time to time.

(1) The Central Government, being the owner of the spectrum onbehalf of the people, shall assign the spectrum in accordance with this Act, and may notify a NationalFrequency Allocation Plan from time to time. (2) Any person intending to use spectrum shall require an assignment from the Central Government. (3) The Central Government may prescribe such terms and conditions as may be applicable, for suchassignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges,payment mechanism, duration and procedure for the same. (4) The Central Government shall assign spectrum for telecommunication through auction except forentries listed in the First Schedule for which assignment shall be done by administrative process. Explanation.For the purposes of this sub-section, (a) “administrative process” means assignment of spectrum without holding an auction; (b) “auction” means a bid process for assignment of spectrum. (5) (a) The Central Government may, by notification, amend the First Schedule for assignment ofspectrum (i) in order to serve public interest; or (ii) in order to perform government function; or (iii) in cases where auction of spectrum is not the preferred mode of assignment due totechnical or economic reasons. (b) The notification referred to in clause (a) shall be laid before each House of Parliament. (6) The Central Government, if it determines that it is necessary in the public interest so to do, mayexempt, (a) from the requirement of assignment under sub-section (2), in such manner as may beprescribed; and (b) by notification, specific usages within specified frequencies and parameters, from therequirements of sub-section (2). (7) Any exemption with respect to use of spectrum granted under the Indian TelegraphAct, 1885 (13 of 1885) and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) prior to the appointedday, shall continue under this Act, unless otherwise notified by the Central Government. (8) Any spectrum assigned through the administrative process prior to the appointed day, shallcontinue to be valid on the terms and conditions on which it had been assigned, for a period of five yearsfrom the appointed day, or the date of expiry of such assignment, whichever is earlier. (9) Any spectrum assigned through auction prior to the appointed day, shall continue to be valid onthe terms and conditions on which it had been assigned.

The Central Government may, to enable more efficient use ofspectrum, re-farm or harmonise any frequency range assigned under section 4, subject to such terms andconditions, as may be prescribed. Explanation.For the purposes of this section, (a) “harmonisation” means rearrangement of a frequency range; (b) “re-farming” means repurposing of a frequency range for a different use, other than that forwhich it is used by an existing assignee.