Lok Sabha Clears Telecom Bill 2023; Biometrics Made Mandatory For SIM Purchase

In a development that the Central government termed as structural reforms, The Telecommunications Bill, 2023 was passed by the Lok Sabha by voice vote giving the government major powers during an emergency. The bill provides for stringent provisions to stop the misuse of SIM cards and mobile numbers. The Telecommunications Bill, 2023 makes it mandatory for companies to issue SIMs only after capturing the biometric data of the user. It also has a provision for a jail term of up to three years or a fine of up to Rs 50 lakh for a person obtaining SIM or other telecom resource through fraud, cheating, or personation.

The bill allows the government to temporarily take control of telecom services in the interest of national security. It also enables the government to take a non-auction route for the allocation of satellite spectrum. It also allows the Centre to take possession of a telecom network in case of any public emergency or in the interest of public safety. Vaishnaw said that the bill would repeal two laws, including the 138-year-old Indian Telegraph Act, 1885.

The bill was passed as only numbered opposition members were present in the house due to the suspension of 97 opposition MPs. Communications Minister Ashwini Vaishnaw tabled the bill in the house that also provides for stopping transmission and intercepting messages in case of public emergency. This means, the Central government can read your messages if found suspicious in emergency situations.

The bill includes safeguards for telecom infrastructure and strengthens provisions to ensure the smooth implementation of networks, particularly optical fibre cables. Additionally, the government has suggested exempting telecom networks installed on any property from potential claims, encumbrances, liquidation, or similar issues associated with that property. Furthermore, the bill outlines the potential termination of spectrum assignment if the government finds that the allocated spectrum has remained unused without valid reasons.

"On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the central government or a state government or any officer specially authorised on this behalf by the central government or a state government, if satisfied that it is necessary or expedient so to do, by notification—take temporary possession of any telecommunication service or telecommunication network from an authorised entity," the bill said.

The bill provides exceptions for press messages of correspondents unless their transmission has been prohibited under rules applicable to public emergency, public order etc. Vaishnaw said that the bill provides for the allocation of spectrum to satellite communications companies through the administrative method.

As per the bill, "the central government shall assign spectrum for telecommunication through auction except for entries listed in the First Schedule for which assignment shall be done by administrative process." The first schedule has 19 cases for which spectrum will be assigned through the administrative process including global mobile personal communication by satellites, national long-distance and international long-distance services, mobile satellite services, VSAT, In-Flight and maritime connectivity, BSNL and MTNL.

Once the bill is approved by Parliament, the companies will require authorisation to start providing telecom services instead of licences that are issued at present.