Telecommunications Laws and Regulations

The Indian Telegraph Act, 1885

The Indian Telegraph Act is one of the oldest legislations in India which continues to be in
effect and is an Act to amend the law relating to telegraphs in the country. As mentioned in
the Preamble to the Act, the term telegraph encompasses any appliance, instrument, material
or apparatus used or capable of use for transmission or reception of signs, signals, writing,
images, and sounds or intelligence of any nature by wire, visual or other electromagnetic
emissions, radio waves or Hertzian waves, galvanic, electric or magnetic means.

Notable features of the Act are:

 It empowers the Government of India to take control of the existing telegraph lines
and lay down the necessary infrastructure for further expansion of telecommunications
in India.
 Further, it authorizes the Government of India to grant telecom Licences on such
conditions and in consideration of such payments as it thinks fit, to any person to
establish, maintain, work a telegraph within any part of India.
 It authorizes the Government of India to take possession of licensed telegraphs and to
order interception of messages on the occurrence of any public emergency or in the
interest of public safety.
 Any dispute concerning a telegraphic appliance/ apparatus/ line between the telegraph
authority and a licensee (for whose benefit the line, appliance, or apparatus is, or has
been provided) shall be determined by arbitration by an arbitrator appointed by the
Central Government.

The Act grants exclusive privilege to provide telecommunications services in India. A

proviso of the act bestows upon the Government the power to grant Licences to private
bodies to provide telecommunication services on conditions it deems fit.

The Indian Wireless Telegraphy Act, 1933

As the name suggests, this Act enacts for the regulation of the possession of wireless
telegraphy apparatus. Additionally, any apparatus, appliance, instrument, or material that uses
or capable of use in wireless communication. Moreover, it includes any article determines by
rule made under Sec. 10 to be wireless telegraphy apparatus but does not include any such
apparatus, appliance, instrument or material commonly used for other electrical purposes
unless it has been specially designed or adapted for wireless communication or forms part of
some apparatus, appliance, instrument or material especially so designed or adapted, nor any
article determined by rule made under Section 10 not to be wireless telegraphy apparatus).

According to the Act, the possession of wireless telegraphy apparatus by any person could
only be allowed following a license issued by the telecom authority and provides for the
charging of a penalty if any wireless license is held without a valid license.

The Telecom Regulatory Authority of India

Act, 1997

The Telecom Regulatory Authority of India was established under the Telecom Regulatory
Authority of India Act, 1997. It empowered the TRAI with quasi-judicial authority to
adjudicate upon and settle telecom disputes. The Act was amended in 2000 to clearly
distinguish between the regulatory and recommendatory functions of TRAI which have
already been discussed. The Amendment also set up the TDSAT; jurisdiction of civil courts
has been expressly barred in cases where the TDSAT has jurisdiction.

The Information Technology Act, 2000

Here, the Information Technology Act that passes by the Indian Parliament in 2000 to
promote e-commerce. Further, legally recognize electronic documents and digital signatures
as valid authentication of electronic documents.

The Information Technology Amendment Act of 2008 provided additional focus on

information security and added several new sections on offences such as cyber terrorism and
data protection. It provides penalties for various offences such as cybercrime, e-commerce
frauds such as cheating by impersonation, and pornography.
Can add more information if needed.

National Digital Communications Policy, 2018

The National Digital Communications Policy (NDCP) was enacted with the goal of digital
empowerment and well-being of Indian citizens; it outlines a set of goals, initiatives,
strategies, and intended policy outcomes. Similarly, the vision of the government in NDCP
2018 is to fulfil the needs of citizens. Further, enterprises by the establishment of a secure and
affordable digital communication infrastructure and services; supporting India’s
transformation to a digitally empowered society.

The NDCP 2018 aims to accomplish the following Strategic Objectives by 2022:

 provisioning of Broadband for All;

 creating four million additional jobs in the digital communications sector;
 Additionally, enhancing the contribution of the digital communications sector to 8 per
cent of India’s GDP from approximately 6 per cent in 2017;
 propelling India to the Top 50 Nations in the ICT Development Index of ITU, from
134 in 2017;
 further, enhancing India’s contribution to Global Value Chains; and
 ensuring digital sovereignty

To accomplish these objectives, the NDCP envisions three missions:

 Connect India: creating robust digital communications infrastructure to promote

‘Broadband for All’ as a tool for socio-economic development, while ensuring service
quality and environmental sustainability;
 Propel India: enabling next-generation technologies and services through
investments, innovation, and intellectual property rights (IPR) generation to harness
the power of emerging digital technologies, including 5G, AI, IoT, cloud, and big data
to enable the provision of future-ready products and services; and to catalyse the
fourth industrial revolution (Industry 4.0) by promoting investments, innovation, and
IPR; and
 Secure India: ensuring sovereignty, safety, and security of digital communications to
secure the interests of citizens and safeguard the digital sovereignty of India with a
 focus on ensuring individual autonomy and choice, data ownership, privacy, and
security while recognising data as a crucial economic resource.

The Broadband Policy 2004

The Broadband Policy arose as a product of the economic reforms implemented by the
Government to align the country’s economy with the world economy. Moreover, the
Government focuses on fast Internet connectivity with a wider reach. Further, the Broadband
Policy that drafts to attract investments for the growth of the broadband industry in India.
Further, the Policy offered a range of fiscal incentives and tax rebates to both domestic and
foreign investors.

The Policy envisioned the use of Broadband to penetrate the following sectors:

 Tele-education;
 Tele-medicine;
 E-governance;
 Entertainment;
 Employment generation;

and every Indian household. Majorly by enlisting the help of pre-existing networks such as
Mahanagar Telecom Nigam Limited (NTNL). Additionally, Bharat Sanchar Nigam Limited
(BSNL) to provide broadband services. Additionally, the following technology options were
to explore for better access to the internet and broadband:

 Optical Fibre Technologies

 Digital Subscriber Lines (DSL) on copper loop

 Cable TV network

 Satellite Media

 Terrestrial Wireless and

 Other Future Technologies