Telecom Bill mandates biometric identification for getting new SIM cards

The Telecommunications Bill 2023, which has been tabled in Parliament, excludes over-the-top services, such as online messaging and streaming services, from its purview.

The new version of the Telecommunications Bill 2023, tabled in Lok Sabha on December 18, includes a provision mandating biometric identification by telecom companies (telcos) before issuing SIM cards to consumers.

"Any authorised entity which provides such telecommunication services as may be notified by the Central Government, shall identify the person to whom it provides telecommunication services through use of any verifiable biometric-based identification as may be prescribed," the proposed legislation said.

In the version of the bill tabled on December 18 in Parliament by Telecom Minister Ashwini Vaishnaw, over-the-top (OTT) services like e-commerce, online messaging, payments etc have been kept out of the definition of telecommunication services.

This comes after a huge hue and cry raised by internet companies and civil society after a previous draft version of the bill included OTT services in its purview last year.

The bill has brought in multiple reforms in the telecom licensing and spectrum allocation regime, primarily to simplify operations in the burgeoning telecom sector.

It has also mandated that consumers' prior consent shall be taken to send them advertising and promotional messages for goods, services and soliciting financial investments.

It also mentions that an authorised entity providing telecommunication services shall establish an online mechanism to enable users to register any grievance pertaining to the telecommunication service, and redressal of such grievances.
The government's proposal in the Telecommunications Bill 2023 to allocate spectrum to satellite companies without auction, keep internet-based calling and messaging apps out of telecom rules, and measures to protect infrastructure is progressive and will boost digital connectivity, industry bodies said on Monday.

The bill introduced by Union Telecom Minister Ashwini Vaishnaw proposes allocation of spectrum to satellite communications companies through administrative method without the need for bidding in auction. The bill proposes allocation of spectrum to satellite communications companies through administrative method without the need for bidding in auction.

Indian Space Association Director General AK Bhatt said satellite-based communication networks have a huge potential that can transform India into a truly digital and developed economy. "By allocating the spectrum by administrative method for satcom, India could align itself with international standards, promote global cooperation and also help drive innovation, create opportunities for startups, and strengthen the country's position in the global satellite market," Bhatt said.

"By allocating the spectrum by administrative method for satcom, India could align itself with international standards, promote global cooperation and also help drive innovation, create opportunities for startups, and strengthen the country's position in the global satellite market," Bhatt said.

The internet-based messaging and calling apps like WhatsApp, Telegram, Google Meet will be covered under IT rules and not under telecom laws as per government rules of business allocation.

"The time-tested distinction between telecom spectrum controlling entities (which are regulated) and spectrum-using companies should be maintained as it has been the basis that has allowed innovation and deeper penetration of internet in India," IAMAI said. The definition of messages as included under telecom rules has been interpreted differently by experts and the US-based industry body ITI, which represents global technology majors. The definition of messages as included under telecom rules has been interpreted differently by experts and the US-based industry body ITI, which represents global technology majors.

The bill proposes protective measures for telecom infrastructure and reinforces provision for a smooth rollout of networks, especially optical fibre cables. The Centre has proposed exemption of telecom networks installed on any property from any claims, encumbrances, liquidation or the like, relating to such property. The Centre has proposed exemption of telecom networks installed on any property from any claims, encumbrances, liquidation or the like, relating to such property.

"The Telecom Bill 2023, tabled in Parliament today paves the way for robust telecom networks through a well-defined Right of Way (RoW) framework," telecom industry body COAI said. The bill has proposed measures that will protect abrupt removal or any changes in the mobile tower or network elements from a property. The bill has proposed measures that will protect abrupt removal or any changes in the mobile tower or network elements from a property.

The Centre will take temporary possession of telecom network in case of any public emergency or in the interest of public safety, as per the Telecommunications Bill, 2023.

The bill proposes to stop transmission and intercept messages in case of public emergency, in the interest of public, to prevent incitement for committing offence etc.

"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 in 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 was introduced in the lower house by Communications Minister Ashwini Vaishnaw amid din over Opposition demanding statement by Home Minister Amit Shah on the Parliament security breach issue.

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

The bill proposes allocation of spectrum to satellite communications companies through administrative method.

The move is in line with demand of global satellite services companies and rejects argument made by domestic telecom players Jio and Vodafone Idea for allocation of spectrum for commercial use through auction only.

While the bill defines transmission of messages through wire or wireless technologies as telecommunication, official sources said the definition is as per the old Act, and the internet-based messaging and calling apps like WhatsApp, Telegram, Google Meet etc will be covered under IT rules and not under telecom laws as per government rules of business allocation.

With this move, the ongoing consultation process around over-the-top apps can no longer be continued by the Telecom Regulatory Authority of India (Trai), sources clarified.

"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 bill said.

The first schedule has 19 cases for which spectrum will be assigned through 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.

The bill defines cases when spectrum will be assigned through administrative method.

"Auction will be the preferred mode of spectrum allocation. However, in cases where auction of spectrum is not the preferred mode of assignment due to technical or economic reasons or to serve public interest or to perform government function, the spectrum will be assigned administratively," an official citing the bill said.

According to sources, the price for administrative allocation of spectrum for satellite service will be decided based on reference sought from Trai while BSNL and MTNL will need to match the auction determined price.

Digital Infrastructure Providers Association (DIPA) Director General T R Dua said the provisions in the bill will bring uniformity across states in terms of Right of Way (RoW) rules and regulations, along with rates. He said the bill aims to ensure the continuity of authorisation and provides for the continuation of rules, guidelines, and administrative orders issued under the existing regime. He said the bill aims to ensure the continuity of authorisation and provides for the continuation of rules, guidelines, and administrative orders issued under the existing regime.

"Additionally, the bill safeguards digital infrastructure, stating that no public entity can take coercive actions against the telecommunication network without permission from a central government-authorised officer, except in cases of natural disasters or public emergencies."

"In conclusion, it will certainly ease the process of doing business and reduce compliance burdens, aiming to create a conducive business environment," Dua said. "In conclusion, it will certainly ease the process of doing business and reduce compliance burdens, aiming to create a conducive business environment," Dua said.

(with agency inputs)