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ARTICLE · 19 JANUARY 2024

Telecom Revolution: Decoding The Provisions Of The Telecommunications Act, 2023

The Telecommunications Act, 2023 (the "Act") received presidential assent on December 24, 2023 after the draft Telecommunications Bill...

IndiaMedia, Telecoms, IT, Entertainment

The Telecommunications Act, 2023 (the "Act") received presidential assent on December 24, 2023 after the draft Telecommunications Bill, 2022 (the "Bill") was released for public consultation. When notified of its enforcement, the Act will replace the current telecommunication laws in India, the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933 and will provide a consolidated modern legal framework for the telecommunication industry in India. This Article explains some crucial provisions of the Act and highlights some of the differences from its previous iteration in the draft Bill.

OTTs as a Telecommunication Service

The Bill had specifically included Over-the-top ("OTT") communication services in the ambit of 'telecommunication services' and as a result, had sparked widespread criticism from industry stakeholders. The Act now defines 'telecommunication services' as "any service for telecommunication" and 'telecommunication' as "transmissi

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