Introduction:
The Ministry of Communications
("Ministry") has recently released a
proposed draft Indian Telecommunications Bill, 2022
("Draft Bill, 2022") to govern the
telecommunication sector in India. The Draft Bill, 2022 was
prepared, based on the feedback received from industry stakeholders
on the consultation paper released by Department of
Telecommunication's ("DoT") in July
2022 and proposes to repeal the Indian Telegraph Act, 1885, the
Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires
(Unlawful Possession) Act, 1950.
The Draft Bill, 2022 includes framework relating to licensing,
spectrum, infrastructure, right of way, mergers, security
standards, penalties, user protection and duties and proposes a
Telecommunication Development Fund and Regulatory Sandbox to
encourage technological innovation. In establishing the guidelines
on the aforementioned aspects of the telecom sector, the Draft
Bill, 2022 has introduced the concept of