TRAI chairperson from private sector? Telecom bill lays down new eligibility norms

Union minister Ashwini Vaishnaw introduced the Telecommunications Bill, 2023 in Lok Sabha on Monday.

An individual from the private sector can also be eligible for the post of chairperson and member of Telecom Regulatory Authority of India (TRAI), the autonomous regulatory authority overseeing both the telecommunications and broadcasting sectors, proposed a bill introduced in Lok Sabha on Monday.

File: Union minister Ashwini Vaishnaw speaks in the Lok Sabha during the Winter session of Parliament, in New Delhi, Wednesday, Dec. 13, 2023. (PTI Photo)(PTI)

Union communications minister Ashwini Vaishnaw introduced Telecommunications Bill, 2023 in Lok Sabha to amend and consolidate the laws relating to development, expansion and operation of telecommunication services and telecommunication networks, the assignment of spectrum and to amend certain provisions of Telecom Regulatory Authority of India Act(TRAI), 1997.

Headquartered in New Delhi, TRAI operates with a chairperson, up to two whole-time members, and up to two part-time members appointed by the central government.

The chairperson and other members of the authority are appointed by Centre from amongst candidates who have special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management or consumer affairs.

Currently, the eligibility for appointments was confined to specific government positions.

What changes the bill proposes?

The bill suggests significant changes to eligibility criteria:

A person who is, or has been, in the service of government shall not be appointed-

(a) A former government official can’t be appointed as a chairperson unless such person has held the post of secretary at centre or any equivalent post in the central or the state government; or

(b) as a member unless such person has held the post of additional secretary at centre or any equivalent post in the central or the state government.

Additionally, the bill proposes to extend eligibility to individuals outside government service:

(a) as a chairperson if such person has at least 30 years of professional experience and has served as a member of the board of directors or a chief executive of a company in the areas as specified in this section; or

(b) as a member if such person has at least 25 years of professional experience and has served as a member of the board of directors or chief executive of a company in the areas as specified in this section.

Telecommunications Bill 2023

The proposed bill aims to revoke the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. This is because “the nature of telecommunication, its usage and underlying technologies have undergone massive changes, especially in the past decade. Therefore, there is a need for enacting a legislation for telecom sector that serves the needs of our society”. It proposes:

Authorisation of Telecommunication Services:

• The Bill establishes a framework for the authorisation of telecommunication services, networks, and possession of radio equipment.

Spectrum Management:

• Addresses the assignment and efficient utilisation of spectrum, including provisions for harmonisation and re-farming.

• Encourages the development of new technologies and provides a regulatory sandbox for innovation using spectrum.

Telecom Network Development:

• Establishes a framework for developing and maintaining telecom networks.

• Includes provisions for right of way and the establishment of common ducts.

Standards and Conformity:

• Defines a framework for standards and conformity assessment of telecommunication equipment, identifiers, networks, and services.

National Security and Public Safety:

• Incorporates provisions for national security, public emergency, and public safety within the telecommunication domain.

User Protection:

• Provides safeguards for users and clearly defines their rights.

Dispute Resolution:

• Establishes a framework for the resolution of disputes related to telecommunication services.

Compliance Framework:

• Defines a compliance framework for effective implementation of the proposed legislation.

Integration with Existing Legislation:

• Preserves Part III of the Indian Telegraph Act, 1885, specifically for cases related to laying transmission lines under section 164 of the Electricity Act, 2003.