Section 45 of The Telecommunications Act
The Central Government may provide for such security interest which an authorised entity may provide to lenders financing such entities on such terms and conditions of such security interest as may be prescribed.
Section 46 of The Telecommunications Act
The Central Government may grant certification to any person to operate a radio equipment on such class of vessels registered under the Merchant Shipping Act, 1958 (44 of 1958), aircrafts registered under the Aircraft Act, 1934 (22 of 1934) and any other category of vessels or vehicles as may be notified by the Central Government, in accordance with such terms and conditions, including applicable fees and charges, as may be prescribed.
Section 47 of The Telecommunications Act
The Central Government may by rules provide for the manner of certification of person to install and operate an amateur station and such rules may specify the qualifications and terms and conditions subject to which, a certification for operating an amateur station may be granted, including through conduct of examinations for granting such certification, the fees and charges to be paid thereof, and other connected matters.
Explanation.—For the purposes of this section,
(a) “amateur services” means radio communication services for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorised person interested in radio technique solely with a personal aim and without any pecuniary interest;
(b) “amateur station” means a radio station operated by an amateur for amateur services.
Section 48 of The Telecommunications Act
No person shall possess or use any equipment that blocks telecommunication unless permitted by the Central Government, or any authority authorised for specific purpose by the Central Government.
Section 49 of The Telecommunications Act
(1) The penalties imposed pursuant to the provisions of Chapter VIII or Chapter IX, shall be in addition to, and not in derogation of, any liability in respect of payment of compensation or payment of any fees or charges due by an authorised entity or assignee.
(2) The provisions of this Act are in addition to and without prejudice to any other liability which a person may have incurred under any other law for the time being in force.
Section 50 of The Telecommunications Act
This Act shall apply to any offence committed or contravention made outside India by any person if the act or conduct constituting such offence or contravention involves a telecommunication service provided in India, or telecommunication equipment or telecommunication network located in India.
Section 51 of The Telecommunications Act
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, or any other authority under this Act or any person acting on their behalf, as the case may be, for anything which is done in good faith, or intended to be done in pursuance of this Act or any rule, regulation or order made thereunder.
Section 52 of The Telecommunications Act
(1) The provisions of this Act shall be in addition to, and not be construed in derogation of the provisions of any other law, and shall be construed as consistent with such law, for the time being in force.
(2) If any conflict arises between a provision of this Act and a provision of any other law for the time being in force in the whole of India or restricted to the application within the territory of any State, the provision of this Act shall prevail to the extent of such conflict.
Section 53 of The Telecommunications Act
The implementation of the Act shall be digital by design and the Central Government shall take any such measures as necessary to enable the digital implementation of the Act.
Section 54 of The Telecommunications Act
No employee of an authorised entity shall, in any legal proceeding to which such authorised entity is not a party, be compelled to appear as a witness to prove the information contained in any electronic records submitted under sub-section (4) of section 65B of the Indian Evidence Act, 1872 (1 of 1872), except as required by order of the Court or a Judge made for special cause.
Section 55 of The Telecommunications Act
The privilege of the Central Government to grant authorisations or assignment under this Act in the Continental Shelf and the Exclusive Economic Zone of India and the rights of an authorised entity or assignee, as the case may be, shall be subject to the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), and applicable international laws as accepted and ratified by India.
Section 56 of The Telecommunications Act
(1) The Central Government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with the provisions of this Act, to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the terms and conditions, including fees or charges for obtaining authorisation under sub-section (1) of section 3;
(b) the manner of exemption for providing authorisation under sub-section (3) of section 3;
(c) the terms and conditions, including fees and charges, applicable to the original authorised entity that emerges pursuant to any merger, demerger, acquisition, or other forms of restructuring, under sub-section (5) of section 3;
(d) the terms and conditions for migration under sub-section (6) of section 3;
(e) the verifiable biometric based identification to be used by an authorised entity of telecommunication services under sub-section (7) of section 3;
(f) the terms and conditions, including fees or charges for allotment of telecommunication identifiers for use by authorised entities under sub-section (8) of section 3;
(g) the terms and conditions for the assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges, payment mechanism, duration and procedure under sub-section (3) of section 4;
(h) the manner of exemptions for assignment of spectrum under sub-section (7) of section 4;
(i) the terms and conditions for re-farming and harmonisation under section 5;
(j) the terms and conditions, including applicable fees and charges, and any other relevant condition subject to which the utilisation of the spectrum in a flexible, liberalised and technologically neutral manner under section 6;
(k) the terms and conditions for optimal utilisation of spectrum under sub-section (1) of section 7;
(l) the period of unutilised spectrum for insufficient reasons and further terms and conditions relating to spectrum utilisation under sub-section (2) of section 7;
(m) the terms and conditions, including applicable fees or charges for sharing, trading, leasing and surrender of assigned spectrum, under sub-section (2) of section 8;
(n) ) the timeline for granting permission for right of way for telecommunication network in public property; and the amount for administrative expenses and compensation for right of way under sub-section (3) of section 11;
(o) the procedure to be followed by a facility provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication network, including the notice period, the manner of issuance of notice, the framework governing objections by owner or occupier of the property, the manner in which such objections would be resolved, and matters relating to the compensation payable for any damage under sub-section (5) of section 12;
(p) the terms and conditions, including charges for right of way, and compensation for damage to the property, under sub-section (6) of section 12;
(q) the terms and conditions, including fees and charges subject to which the telecommunication network to be made available on open access basis to facility providers under sub-section (2) of section 15;
(r) the procedure and manner for giving prior notice under sub-section (1) of section 17;
(s) the timeline for responding the notice with details of telecommunication network and precautionary measures to be undertaken by the facility provider under sub-section (2) of section 17;
(t) the procedure and safeguards for public emergency or public safety under sub-section (2) of section 20;
(u) the duration and manner of taking action for public emergency or public safety under sub-section (4) of section 20;
(v) the measures to protect and ensure cyber security of, telecommunication networks and telecommunication services under sub-section (1) of section 22;
(w) the standards, security practices, upgradation requirements and procedures to be implemented for the Critical Telecommunication Infrastructure under sub-section (4) of section 22;
(x) the manner for administration of Digital Bharat Nidhi under section 26;
(y) the manner and duration for creating Regulatory Sandbox under section 27;
(z) the measures for protection of users under sub-section (2) of section 28;
(za) the manner for registration of any grievance and redressal of such grievances pertaining to the telecommunication service under sub-section (3) of section 28;
(zb) the terms and conditions for participating in the dispute resolution mechanism under sub-section (2) of section 30;
(zc) the form, manner and fees to be accompanied with the complaint under sub-section (1) of section 33;
(zd) the manner for holding inquiry by the Adjudicating Officer under sub-section (1) of section 35;
(ze) the form, manner and fees for filing an appeal before the Designated Appeals Committee under sub-section (2) of section 36;
(zf) the techno-legal measures for functioning of the Adjudicating Officer and the Designated Appeals Committee under sub-section (1) of section 37;
(zg) the terms and conditions of security interest under section 45;
(zh) the terms and conditions, including applicable fees and charges for granting certificates under section 46;
(zi) the manner of certification, qualification, and terms and conditions, including fees and charges for the examination for amateur station operator under section 47;
(zj) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
(3) Every rule made under this Act and amendment to the Schedule made under section 57 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or amendment to the Schedule or both Houses agree that the rule or amendment to the Schedule should not be made, the rule or amendment to the Schedule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or amendment to the Schedule.
Section 57 of The Telecommunications Act
(1) Subject to the provisions of this section, the Central Government may, by notification, —
(a) amend the First Schedule;
(b) amend the Second Schedule or the Third Schedule:
Provided that penalty or civil penalty specified in such Schedules shall be not exceeding ten crore rupees.
(2) Any amendment made under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise direct.
Section 58 of The Telecommunications Act
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may be necessary or expedient, for removing the difficulty:
Provided that no order shall be made under this section after the expiration of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 59 of The Telecommunications Act
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.”