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Adjudication Mechanism Under the Telecommunications Act, 2023
telecommunication sector has undergone significant changes with innovations like VoIP, internet of things (IoT), software defined networks, cloud-based connectivity, and satellite broadband among others. With these new technologies in place, there was a need to revisit applicable legislations to ensure a regulatory check on the evolving technology. This required an analogous and consistent upgrade in the legal landscape for this sector. To meet the above requirement, India has recently enacted the Telecommunications Act, 2023 (“Act”) which is set to replace the existing telecom regime in India that was governed by the erstwhile Telegraph Act, 1885 (“Telegraph Act”) and the Wireless Telegraphy Act, 1933 (“Wireless Telegraphy Act”). This Act aims to change the colonial-era laws and adapt to the requirements of modern-day telecommunications sector. Consideration should be given to the fact that the United Kingdom, which had introduced the Telegraph Act and the Wireless Telegraphy Act in India, updated their own telecommunication laws way back in 1984 and 2003.
Amongst several changes, the government has also modified the adjudicatory mechanism that existed in the previous regime. In this article, we will discuss the erstwhile adjudicatory mechanism and will also highlight the changes which will be implemented once the Act comes into force.
Erstwhile adjudicatory mechanism in the telecommunications sector
Considering the capital-intensive nature of the telecom industry and its contribution towards digital economy, it is crucial to have an efficient dispute resolution mechanism. Under the Telegraph Act, different authorities have jurisdiction on matters relating to telecommunication, depending on the type of dispute in question.
Authors: Vikash Kukreti and Gaurav Tiwari
Footnotes [1] Section 7B, Telegraph Act, 1885 [2] Saji Geevarghese v. Deptt. of Telecommunications, (2009) 1 SCC 644 [3] Section 15, Telegraph Act, 1885 [4] Section 16, Telegraph Act, 1885 [5] Vodafone Idea Cellular Ltd v. Ajay Kumar Agarwal 2022 (6) SCC [6] BSNL v. Telecom Regulatory Authority of India, (2014) 3 SCC 222; Union of India v. Telecom Regulatory Authority of India, 1998VAD(DELHI)209 [7] Section 14, TRAI Act, 1997 [8] Section 35, Telecommunications Act, 2023 [9] Section 36, Telecommunications Act, 2023 [10] Section 32, Telecommunications Act, 2023 [11] Section 33, Telecommunications Act, 2023 [12] Section 18(1), Telecommunications Act, 2023 [13] Section 18(2), Telecommunication Act, 2023 [14] Section 30, Telecommunications Act, 2023 [15] Section 30(3), Telecommunications Act, 2023 [16] Section 59, Telecommunications Act, 2023 read with Section 14, TRAI Act, 1997 [17] Section 34, Telecommunications Act, 2023 [18] Section 37(1), Telecommunications Act, 2023 [19] Section 53, Telecommunications Act, 2023
- Disputes concerning telegraph line, appliance, or apparatus.
- Disputes between telegraph authority and local authority.
- Disputes pertaining to private properties.
- Dispute resolution under the Wireless Telegraphy Act
- Disputes between a licensor, licensee, service provider and a group of consumers
- Dispute resolution under the Consumer Protection Act
- Dispute resolution by the Adjudicating Officer and the Designated Appeals Committee
- Dispute resolution pertaining to property used for telecommunication network.
- Dispute resolution mechanism to redress user grievances.
- Dispute resolution under the Consumer Protection Act
- Disputes between a licensor, licensee, service provider and a group of consumers
Authors: Vikash Kukreti and Gaurav Tiwari
Footnotes [1] Section 7B, Telegraph Act, 1885 [2] Saji Geevarghese v. Deptt. of Telecommunications, (2009) 1 SCC 644 [3] Section 15, Telegraph Act, 1885 [4] Section 16, Telegraph Act, 1885 [5] Vodafone Idea Cellular Ltd v. Ajay Kumar Agarwal 2022 (6) SCC [6] BSNL v. Telecom Regulatory Authority of India, (2014) 3 SCC 222; Union of India v. Telecom Regulatory Authority of India, 1998VAD(DELHI)209 [7] Section 14, TRAI Act, 1997 [8] Section 35, Telecommunications Act, 2023 [9] Section 36, Telecommunications Act, 2023 [10] Section 32, Telecommunications Act, 2023 [11] Section 33, Telecommunications Act, 2023 [12] Section 18(1), Telecommunications Act, 2023 [13] Section 18(2), Telecommunication Act, 2023 [14] Section 30, Telecommunications Act, 2023 [15] Section 30(3), Telecommunications Act, 2023 [16] Section 59, Telecommunications Act, 2023 read with Section 14, TRAI Act, 1997 [17] Section 34, Telecommunications Act, 2023 [18] Section 37(1), Telecommunications Act, 2023 [19] Section 53, Telecommunications Act, 2023