The Telecommunications Act, 2023 (Act No. 44 of 2023) is an Act of the Parliament of India that received Presidential assent on December 24, 2023, and aims to consolidate and amend the law relating to telecommunication services and networks. Its creation was necessary to modernize the regulatory framework for the telecom sector, which was previously governed by the colonial-era Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933, both of which the new Act repeals. The Act also repeals the Telegraph Wires (Unlawful Possession) Act, 1950.
The Act works by replacing the old licensing regime with an 'Authorisation' framework for providing telecommunication services, establishing networks, or possessing radio equipment, as outlined in Section 3. It broadens the definition of 'telecommunication' to include the transmission and reception of any 'message' by wire, radio, optical, or electromagnetic systems, which can potentially bring Over-The-Top (OTT) services like messaging apps under its ambit, though the government has clarified that the OTT industry will continue to be regulated by the Ministry of Electronics & Information Technology (MeitY). A key mechanism is the replacement of the Universal Service Obligation Fund (USOF) with the Digital Bharat Nidhi under Section 24, which will fund telecommunication services in underserved areas and support research and development. The Act also streamlines the process for Right of Way (RoW) for infrastructure deployment and introduces a Regulatory Sandbox to foster innovation. For national security, the Central Government is granted the power to take temporary possession of any telecommunication service or network during a public emergency or in the interest of public safety. The Act connects to the Telecom Regulatory Authority of India (TRAI) Act, 1997, and is part of a larger reform push that includes the Digital Personal Data Protection Act, 2023. Certain provisions of the Act, including Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61, and 62, came into effect on June 26, 2024.