Telecommunication Systems and the Governing Statutes in India

The telecommunications systems sector in India is headed by the Central Government, as mentioned in the Telegraph Act 1885. However, private entities may offer communication services by availing a license from the government. Private telecom services providers are given distinct licenses for certain services. These services are:

• Fixed (or landline) services.
• Cellular services.
• Unified access services (includes both landline and mobile services).
• National and international long distance services and Internet services.

A telegraph license is not required by cable-network operators and communication infrastructure providers.

Telecommunications Systems: Scope of Government’s Authority under the Telegraph Act 1885

As per Section 4(1), the exclusive rights to establish and maintain the workings of telegraphs in India lie with the Central Government. The definition of the term ‘telegraph’ in the Act includes most modern communication devices of any technology. As a result, the government has the right to control all such devices in consonance with the Act. These devices include the television and video equipment apart from the telephone and various types of radio, wireless and mobile equipment. Further, the government has the right to collect fee from the private entities to which it gives license of providing telecommunication services.

Telecommunications Systems: Other Statutes Regulating Communications

The following are some statutes regulating telecommunications systems sector in India:

Telecom Regulatory Authority of India Act 1997: It was devised for the purpose of establishing an independent regulatory authority, such as TDSAT. This regulates the works of communications licensees and also protects consumers.

Wireless Telegraphy Act 1933: Under this Act, wireless equipment users must obtain a license, except those that fall under certain categories.

Telegraph Wires Act 1950: This Act aimed to control the theft of copper wires used in telegraphs.

Prasar Bharti Act 1990: It was devised to regulate public broadcasting in India.

Cable Networks Act 1995: It creates legal framework for cable television networks.

Convergence Bill: The proposed bill aims to establish an independent regulatory authority in India for regulating all cable, telecom and broadcasting services. The bill has been pending in the Indian Parliament since 2000.

Broadcasting Bill: The proposed bill intends to create a broadcasting regulatory authority that handles matters related to broadcasting and cable services. The bill created considerable controversy as it intends the Information and Broadcasting Ministry to regulate the services of various private TV channels and covers four broad areas such as content, subscriptions, live sports feeds and cross media ownership. There is considerable opposition against this bill as it curbs investigative operations of most broadcasters and enables the government to control their rights as well.