Union government issues new rules under Telecommunication Act 2023

Union government issues new rules under Telecommunication Act 2023

Amends the criteria for the appointment of chairperson and members of TRAI.

TRAI

Mumbai: The Union government has issued new rules under the Telecommunication Act 2023, specifying that only a secretary to the government or officials of equivalent rank are eligible to be the chairman of the Telecom Regulatory Authority of India (TRAI).

An official stated, "Section 59(b) of the Act amends section 4 of the TRAI Act 1997, detailing the criteria for appointing the Chairperson and Members of TRAI."

The government, last month, implemented certain sections of the Act starting from 26 June. These include a rule allowing the government to assume control and management of any or all telecommunication services or networks in the interest of national security, friendly relations with foreign states, or during wartime.

"The Central Government has appointed June 26, 2024, as the date for the enforcement of Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62 of the Telecommunications Act, 2023 (44 of 2023)," stated the notification last month.

Since 5 July, some rules under these sections have been effective including the criteria for appointing the chairperson and members of TRAI.

The new rule restricts sector experts with professional experience in telecommunications, industry, finance, accountancy, law, etc., from becoming the TRAI Chairperson. The new act states, "A person who is or has been in government service shall not be appointed as Chairperson unless they have held the post of Secretary to the Government of India or an equivalent position in the central or state government."

Other features of the sections effective from 5 July include the optimal utilisation of spectrum. The Act provides a legal framework for efficient use of scarce spectrum through secondary assignment, sharing, trading, leasing, and surrender of spectrum. It allows the spectrum to be used in a flexible, liberalised, and technologically neutral manner and empowers the Central Government to establish an enforcement and monitoring mechanism.

Also there is a prohibition on using equipment that blocks telecommunications unless permitted by the central government.