The Telecommunications Act, 2023, marks a significant reform in India’s telecom regulatory landscape, introducing a modern framework for telecom services and networks. Key features include an all-inclusive approach to defining telecommunications, exclusion of over-the-top (OTT) platforms, and a shift from licensing to authorization. The Act streamlines infrastructure deployment, establishes a standardized Right of Way (RoW) framework, and enhances user protection by regulating spam and malware. It also grants broad powers for surveillance and interception, applies extraterritorially, and introduces a structured dispute resolution mechanism. However, challenges persist, including regulatory overlap, compliance burdens, and potential stifling of innovation.
The article was authored by Tony Verghese (Partner) and Radhika Gupta (Partner), published in Mondaq.
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Radhika specializes in telecommunications, technology and satellite communications sectors. She has extensive experience advising on regulatory issues, licensing arrangements, restructuring, information technology laws, regulations governing telecom spectrum allocation, compliances applicable to manufacturing.