Telecom Bill 2023: OTT Apps Not Covered Under New Bill, Telecom Minister Reportedly Says

Over-the-top (OTT) apps or services will not be under the ambit of the newly passed Telecommunications Bill 2023, telecom minister Ashwini Vaishnaw told ET Telecom. The minister’s statement comes days after Parliament passed the new telecom bill that replaces three older laws, including the including the 138-year-old Indian Telegraph Act. Provisions under the new bill reduce the powers of the Telecom Regulatory Authority of India (TRAI) and give the government unprecedented powers, including the ability to take over telecom services in the interest of national security.

After the Telecommunications Bill (2023) was passed on Thursday, concerns were raised related to increased scrutiny and interference from the government, if OTT communication apps like WhatsApp and Signal were included under the ambit of the new telecommunications bill, that is awaiting the President’s assent, before it becomes law.

“[…]There is no coverage of OTT in the new telecom bill passed by the Parliament,” the minister told the publication, explaining that these OTT apps are currently covered by the Information Technology Act, 2000 and will continue to be regulated by the same law that is overseen by the Ministry of Electronics and Information Technology (MeitY).

Earlier this week, Meta reportedly expressed concerns over the telecom bill in an internal email to colleagues from Shivnath Thukral, Director and Head of India Public Policy at Meta. The revised version of the telecommunications bill that was passed by Parliament does not contain and references to OTT or OTT platforms, but mentions terms like ‘telecommunication services’, ‘messages,’ and ‘telecommunications identifier,’ which could also apply to OTT platforms.

The telecom bill is now waiting the President’s assent before it becomes a law — it was approved in the Rajya Sabha through a voice vote on Thursday, a day after it was passed by the Lok Sabha. The bill is set to replace the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.


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Parliament Passes Telecommunication Bill That Seeks Increased Government Control Over Telecom Sector

Parliament on Thursday passed a bill that seeks to allow the government to temporarily take control of telecom services in the interest of national security, and provide a non-auction route for the allocation of satellite spectrum.

The Telecommunications Bill, 2023, was approved by the Rajya Sabha through a voice vote. It was passed by the Lok Sabha on Wednesday after a short debate.

The Bill seeks to allow the government to temporarily take control of telecom services in the interest of national security, and provide 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.

Besides, it provides for stopping transmission and intercepting messages in case of public emergency, in the interest of the public, to prevent incitement for committing offence.

According to the bill, the press messages of correspondents accredited to the Centre or state governments shall not be intercepted or detained unless their transmission has been prohibited under rules applicable to public emergency, and public order.

Replying to the debate, Communications Minister Ashwini Vaishnaw said the Telecommunications Bill 2023 is being brought keeping in mind the aspirations of the new India to replace two colonial-era laws.

“In the last nine-and-half-years, India’s telecom sector has emerged from a very difficult period marred by scams to become a sunrise sector,” the minister asserted.

He also said during the same period, the number of telecom towers has increased to 25 lakh at present from just 6 lakh in 2014 and the number of internet broadband users has increased to 85 crore today from just 1.5 crore before.

Under the leadership of Prime Minister Narendra Modi, India made the fastest rollout of 5G technology in the world with the maximum equipment made in India, he said.


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DoT Launches Sanchar Saathi Portal to Track Lost or Stolen Mobile Phones Across India: All Details

People will be now able to block and track their lost or stolen mobile phones across India via the Sanchar Saathi portal launched by the Department of Telecom on Tuesday.

Union telecom minister Ashwini Vaishnaw said that through Sanchar Saathi Portal, people will be able to block, track and check the genuineness of a used device before buying them.

“First leg of Sanchar Saathi portal is CEIR (Central Equipment Identity Register). If you lose your mobile phone, then you can visit this portal. There will be some identity verification, requirement of undertaking and immediately after this the portal will interact with law enforcement agencies and telecom service providers and block your lost mobile phone,” Vaishnaw said.

He said that Prime Minister has a clear vision that a lot of attention needs to be paid to user safety and the facilities under the Sanchar Saathi portal are aligned to his vision.

When asked about measures that the government is taking to check fraud through calls on WhatsApp, the minister said that Meta owned app has agreed to deactivate services linked to any mobile phone number engaged in fraudulent activities.

“We have actively engaged with WhatsApp and they have agreed that customer safety is most important. All the OTT platforms are actively cooperating to deregister the users which have been detected as fraud users,” Vaishnaw said.

He said that 36 lakh mobile connections have been disconnected for fraud and simultaneously their WhatsApp account has been blocked.

The minister said that there is Know Your Mobile facility Sanchar Saathi which help users verify the genuineness of second-hand mobile phone before buying them.

“We feel confident that at least with these reforms, at least the rising trends in cyber frauds will be seriously controlled and we will be able to bring them down,” Vaishnaw said.

He said that there is TAFCOP facility on Sanchar Saathi to help people check if there are other mobile numbers working in their name without their permission or knowledge.

The Sanchar Saathi facilities have been developed by C-DoT. The technology development arm under the Department of Telecom has been able to add feature to check use of cloned mobile phones across all telecom networks.

The government has made it mandatory to disclose IMEI— a 15-digit unique numeric identifier of mobile devices before their sale in India.

The mobile networks will have access to the list of approved IMEI numbers which will check the entry of any unauthorised mobile phones on their network.

Telecom operators and CEIR system will have visibility into IMEI number of the device and mobile number linked to it and the information is being used in some states to track your lost or stolen mobiles through CEIR.

One of the common practices is that miscreants after stealing mobile phone change IMEI number of the device which prevents tracking and blocking of such handsets.

The CEIR will be able to block any cloned mobile phones on the network with the help of various databases.

C-DOT has been running the pilot of the technology in some of the telecom circles including Delhi, Maharashtra, Karnataka and North East. Recently, Karnataka Police recovered and handed over 2,500 lost mobile phones to their owners using the CEIR system. Apple already has a system to track lost mobile phones with the help of Apple id but major issues have been around Android mobile phones.

With the new system in place, it will be futile to use stolen mobile phones. The system developed under Sanchar Saathi can also help in curbing the smuggling of phones.


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Data Protection, Telecom Bills Likely to Be Tabled in Monsoon Session of Parliament: IT Minister Says

The exercise to bring in Telecom Bill and Digital Data Protection Bill is in a “very advanced stage” and is likely to be tabled in Parliament during the next Monsoon Session, said the Union Minister of Communications and Electronics, and Information Technology Ashwini Vaishnaw.

“Prime Minister has given a very clear vision that there should be a legal framework for the Digital Empowered Society. In this exercise very advanced work is going on Telecom Bill, Digital Data Protection Bill and Digital India Bill,” Vaishnaw said, at Google for India event held in the national capital on Monday.

Further, the minister added that two of the bills have already been placed for public consultation and the third bill, the Digital India Bill, will also be published very soon.

“We have taken special care in all three bills that it should be easy to understand, should be technology agnostic, should be future ready,” the minister added. All three Bills, he said, focus on how to secure the digital space.

Moreover, speaking about India’s digital adoption, Vaishnaw said that people in India are adopting technology very fast. It has a good impact in the country and is percolated to the startup ecosystem in Tier 2, and Tier 3 cities, small towns, and villages.

“At the same time, the focus is on how to give a new shape to the new developments that are taking place according to the needs of the society,” he added.

Earlier this month, it was reported that the Digital Data Protection Bill, which the Central government is working on, was likely to be introduced in the upcoming Budget Session of 2023-24.

In the Monsoon Session of Parliament on August 3, 2022, the government had withdrawn the Data Protection Bill with the aim of bringing a comprehensive legislature. Union Telecom and IT minister Ashwini Vaishnaw had said that the joint parliamentary committee which went through the original draft suggested 88 amendments to a bill of 91 sections, which led the government to decide that there was “no option” but to withdraw the original bill completely.

In November, the government brought another draft of the Digital Data Protection Bill and put it for public consultation. Presently, there are over 76 crore active internet users and over the next coming years this is expected to touch 120 crore.


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Telecom Bill Likely to Be Implemented in 6-10 Months, IT Minister Ashwini Vaishnaw Says

The new telecom bill, which will replace the 137-year-old Indian Telegraph Act, is expected to be in place in 6-10 months but the government is not in a hurry, communications minister Ashwini Vaishnaw said on Friday. The bill also seeks to replace the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.

“Based on the consultation process, we will create the final draft. That draft will then go through committee processes of Parliament. Then it has to go (to) Parliament. I see a timeline of 6-10 months but we are not in a hurry,” Vaishnaw said when asked about a timeline for implementation of the final bill.

The minister gave over 36 minutes of detailed presentation on the draft bill.

If the bill gets approved then over-the-top players like Whatsapp, Zoom, and Google Duo which provide calling and messaging services may require licences to operate in the country.

While the government has sought reference from the Telecom Regulatory Authority of India on licensing framework for Internet and calling messages, the bill clearly shows the government intent to bring the OTT apps under the licensing regime.

“OTT already comes under regulation by interpretation of what is a telegraph. The consultation process for its regulation has already started. The focus of this bill is that we have to make a light touch regulatory environment. Wherever required there should be strict effective regulation and in rest of the places there will be light touch regulation,” the minister said.

The bill proposes all Internet calling and messaging apps to comply with the Know Your Customers (KYC) provision when they come under telecom licence ambit.

The minister said the first fundamental thought in the bill is about protection of users and every consumer has the right to know who is making the call.

“If calls can take place from different platforms then every platform needs to come under the same kind of regulation. This is not only in India, this is the thought process across the world. Technology has brought so many changes that the distinction between voice call and data call has disappeared,” Vaishnaw said.

He said that KYC norms will also help in curbing cyber frauds.

The minister said that it is the fundamental duty of users to give correct information while take services from operators.

The minister said that telecom service providers will be given an option to shift to the new rule. The new Telecom Bill proposes up to one year imprisonment for giving false identity for availing telecom services, while slashing the maximum penalty of telecom operators to Rs. 5 crore from Rs. 50 crore per circle imposed at present. The penalty is expected to range from nil to a maximum of Rs. 5 crore.

The government in the bill has proposed a provision to waive fees and penalty of telecom and Internet service providers.

Vaishnaw said that the government will focus on continuity of service in case a company goes for insolvency as at the end the spectrum will come back to the government.

The bill proposes an enabling framework for the Centre to address defaults in payment by a licensee, registered entity or assignee.

In case of extraordinary circumstances, the government can decide to defer the due payment, convert a part or all of the amounts into shares of the entity, write-off the amount or a part of it or even provide relief from payment of such amounts or a part.

The draft also has a provision for a refund of fees in case a telecom or Internet provider surrenders its licence. 


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India to Offer More Incentives to Lure Companies in Semiconductors Push: IT Minister

India on Friday said it will expand its incentives for those investing in semiconductor manufacturing, as its government woos global companies in a bid to become a key player in the global supply chain for chips.

A $10 billion (roughly Rs. 76,523 crore) incentive plan to attract semiconductor and display makers has drawn applications from companies such as a joint venture between Indian conglomerate Vedanta and Taiwan’s Foxconn, and Singapore’s IGSS Ventures.

“After this first tranche gets utilised, we definitely will go for more,” the country’s IT minister Ashwini Vaishnaw said in an address at India’s first semiconductor conference in the southern city of Bengaluru.

“We have appetite for more, we have need for more.”

The Indian semiconductor market, worth $15 billion (roughly Rs.1,147,84 crore) in 2020, is estimated to reach $63 billion (4,82,096 crore) by 2026, the government says.

Even as more firms and countries seek to ensure access to the chips at the core of critical technologies such as 5G and those of the future, the world’s chip market is dominated by manufacturers in Taiwan, the United States and few other countries.

Prime Minister Narendra Modi told at the Bengaluru conference India wanted to emerge as a key player in global semiconductor supply chains, urging companies to consider setting up. The push is part of Modi’s flagship “Make in India” project.

Part of the government’s efforts to attract big ticket investments, the three-day meeting has drawn executives of tech giants Intel, TSMC and Micron Technology.

At the event, India’s junior IT minister Rajeev Chandrasekhar said the world’s leading majors were “actively engaged in exploring the India opportunity”.

In the race to become India’s first chip maker, Vedanta is seeking incentives such as 1,000 acres (405 hectares) of free land, as part of its $20-billion (roughly Rs. 1,53,046 crore) foray into semiconductors and displays, Reuters reported on Thursday.

© Thomson Reuters 2022


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