Centre on Friday has notified additional set of sections of the Telecommunications Act that will allow optimal utilisation of spectrum, prohibition of use of equipment which block telecommunications, and criteria for appointment as Chairperson and Members of Telecom Regulatory Authority of India (TRAI).

Through a Gazette notification, the government has enforced section 6-8, 48 and 59(b) of the Telecommunications Act, effective Friday (July 5). The Act, which came into effect from June 26, along with sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62, had also mentioned that the remaining provisions and sections of the Act have to be notified within 180 days.

For the optimal utilisation of spectrum, the notification said that the “Act provides legal framework for efficient utilisation of scarce spectrum through processes such as secondary assignment, sharing, trading, leasing and surrender of spectrum.”

It also enables the utilisation of spectrum in a flexible, liberalised and technologically neutral manner. It also empowers the Centre to establish an enforcement and monitoring mechanism for the purpose.

In terms of the prohibition of use of equipment which block telecommunications, it said that the Acts prescribes, with immediate effect, the use of any equipment which blocks telecommunication, unless permitted by the Centre.

Similarly, for criteria for appointment as Chairperson and Members of TRAI, it noted that Section 59(b) of the Act will amend section 4 of the TRAI Act 1997 and prescribes criteria for appointment of Chairperson and Members of TRAI.

Colonial provisions

According to the Act, the rules extend to the whole of India; and to any offence committed or contravention made outside India by any person, as provided in this Act.

The Act focuses on user protection, reforms on right of way and optimal utilisation of spectrum.

However, it also allows the government to temporarily take control of telecom services in the interest of national security. That means the Centre can take control and management of, or suspend the operation of, or entrust any authority of the Centre to manage any or all of any telecommunication services, or any telecommunication network or part, thereof, connected with such telecommunication services.

While it sets out to replace the 138-year-old Indian Telegraph Act of 1885, the new law contains many provisions of the archaic Colonial law.

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