The Department of Telecommunication (DoT) on Thursday released draft adjudication and appeal rules under the Telecommunications Act, 2023, for a 30-day public consultation.
The rules, proposed under sections 35, 36 and 37 of the Act, outline procedures for adjudicating officers (AOs) and designated appeals committees (DACs) to address breaches of telecom licences, radio frequency assignments and other contraventions.
Under these sections, when there is a breach of terms and conditions of an authorisation (like a telecom license) or an assignment of radio frequency, or there are contraventions such as a person having more SIMs than notified, or possessing radio equipment without an authorisation or exemption, or sending spam, the AO (not below the rank of a joint secretary) can hold inquiries and pass orders.
AOs, not below the rank of joint secretary, can issue show cause notices for breaches, giving at least 15 days for response. For contraventions, AOs can act suo motu or on complaints.
Complainants must pay a ₹5,000 fee and provide government-issued ID and evidence. Without these, complaints will not be considered.
The inquiry process, including the final order, should “normally” conclude within 90 days of the show cause notice, with a maximum extension to 120 days.
AOs can accept, reject or modify voluntary undertakings from authorised entities or assignees.
{{/usCountry}}AOs can accept, reject or modify voluntary undertakings from authorised entities or assignees.
{{/usCountry}}Aggrieved parties can appeal to the DAC, whose members must be at least additional secretary rank, within 30 days of the AO’s order. The appeal fee is ₹10,000.
The Act mandates digital-by-design processes for AOs and DACs, allowing “techno-legal measures” for online functioning. The draft rules empower the central government to notify a digital portal for implementing these processes.
Each AO and DAC will have a secretariat, with appointments notified in the official gazette.
All penalties and fees will be credited to the Consolidated Fund of India.