Lok Sabha Question No. 4617 (UNSTARRED), answered on 2023-03-29
Subject: Responses Received on Consultation Paper
Ministry: COMMUNICATIONS
Asked by: Dr. T. Sumathy (a) Thamizhachi Thangapandian

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS

## LOK SABHA UNSTARRED QUESTION NO. 4617 TO BE ANSWERED ON 29 TH  MARCH, 2023

## RESPONSES RECEIVED ON CONSULTATION PAPER

## 4617.   DR. T. SUMATHY (a) THAMIZHACHI THANGAPANDIAN:

Will the Minister of COMMUNICATIONS be pleased to state:

(a) the details of the number of responses that were received on the consultation paper titled 'Need for a New Legal Framework Governing Telecommunication in India' which was put in public domain in July 2022 by the Government;

(b) the  number  of  the  stakeholders  who  submitted  responses  and  the  summary  of  main points/concerns;

(c) the details of the Telecom Regulatory Authority of India's response to the consultation paper issued by the Government;

(d) whether  any  stakeholder  meeting  was  organised  while  preparing  the  draft  of  Indian Telecommunication Bill, 2022 and if so, the details thereof; and

(e) whether the States have shared their responses to the draft of Telecommunication Bill and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR COMMUNICATIONS (SHRI DEVUSINH CHAUHAN)

(a) & (b) The Ministry released the consultation paper titled 'Need for a new legal framework governing Telecommunication in India' on 23.07.2022 inviting comments from stakeholders. The Ministry received a total of 82 responses from various stakeholders and industry associations on the consultation paper.

The summary of main points/ concerns raised, is as under:

- Recognition and acknowledgement of the need for a new  legal framework that is futureready;
- The  need  for  updating  the  nomenclature  and  definitions  of  relevant  terms  in  the telecommunication legal framework;
- The  role  that  a  strong  legal  framework  can  play  in  ensuring  steady  rollout  of  new telecommunication technologies;
- Need for legal certainty regarding spectrum management including issues relating to the use, allocation, and assignment, based  on  the underlying principle that spectrum is a  natural resource that needs to be assigned in a manner that best subserves the common good;

- Alignment of telecommunication standards with international standards and best practices;
- Importance of cybersecurity, national security and public safety concerns, while ensuring constitutional and procedural safeguards;
- Need  for  a  distinctive  insolvency  framework  that  allows  continuity  of  provision  of telecommunication services, so long as the licensee pays all dues; and
- Need  for rationalization of  penalty  framework, providing for  specific penalties that are clearly linked with the nature of breach and gravity of the offence.
- Suggestions  around  procedures,  licensing  reforms,  frequency  assignment  were also received.

(c) Telecom Regulatory Authority of India (TRAI), vide its letter dated 31.08.2022, submitted its response on the Consultation Paper. TRAI inter alia informed that as the issues related to the legal framework for the telecommunication sector now encompass convergence of Telecommunication and Broadcasting, it may be necessary to widen the scope of the consultation process beyond Indian Telegraph Act, Indian Wireless Telegraphy Act and Telegraph Wires (Unlawful Possession) Act.

(d) Several meetings were held with various stakeholders to obtain their views and suggestions on the draft Telecom Bill.

(e) During  the  consultation process held  on  the  draft Telecommunication Bill, the  Ministry received comments from the State Governments of Andhra  Pradesh, Himachal Pradesh, Punjab, Tripura, Karnataka and Mizoram. These comments were suggestions on provisions related to Right of Way framework, regulation of over-the-top (OTT) communication services, know your customer (KYC), definitions, authorization of wireless equipment, restructuring, defaults & insolvency, etc., among other general suggestions.

*****