Under the new Telecom Act, the government can take control of all telecom networks in times of emergency

After the implementation of the Telecom Act 2023, which will come into effect from June 26, the central government will be able to take control of any telecom service or network in times of emergency.

The Centre on Friday partially notified the Telecom Act, which will come into effect from June 26 and provisions including sections 1, 2, 10 and 30 will come into force.

“The Central Government hereby appoints the 26th June, 2024 as the date for the commencement of the provisions of sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act,” the gazette notification said.

According to the notification, the government can take control of telecom services on the grounds of security, public order or prevention of crimes.

Section 20, which will come into effect on June 26, says, “In case 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 may take over temporary possession of any telecommunication service or telecommunication network from an authorised entity; or provide suitable mechanism for ensuring that messages of an authorised user or group of users are routed on a priority basis for response and recovery during a public emergency.”

As per the Act, any telecom company that wishes to establish or operate a telecom network, provide services or possess telecom equipment must obtain authorisation from the Government.

Once the rules of the Act come into force, the Universal Service Obligation Fund will become the Digital India Fund, which can be used to finance research and development and pilot projects instead of supporting the setting up of telecom services in rural areas.

However, certain other sections of the Act such as administrative allocation of spectrum including satellite services, and adjudication mechanism etc. will be notified later.

Once effective, the Act will replace existing regulations in the telecom sector under, among others, the Indian Telegraph Act, 1885, and the Wireless Telegraphy Act (1933).