TRAI chairperson from personal sector? Telecom invoice lays down new eligibility norms

An particular person from the personal sector may also be eligible for the publish of chairperson and member of Telecom Regulatory Authority of India (TRAI), the autonomous regulatory authority overseeing each the telecommunications and broadcasting sectors, proposed a invoice launched in Lok Sabha on Monday.

Union communications minister Ashwini Vaishnaw launched Telecommunications Bill, 2023 in Lok Sabha to amend and consolidate the legal guidelines regarding improvement, growth and operation of telecommunication providers and telecommunication networks, the project of spectrum and to amend sure provisions of Telecom Regulatory Authority of India Act(TRAI), 1997.

Headquartered in New Delhi, TRAI operates with a chairperson, as much as two whole-time members, and as much as two part-time members appointed by the central authorities.

The chairperson and different members of the authority are appointed by Centre from amongst candidates who’ve particular information of, {and professional} expertise in, telecommunication, trade, finance, accountancy, regulation, administration or shopper affairs.

Currently, the eligibility for appointments was confined to particular authorities positions.

What adjustments the invoice proposes?

The invoice suggests vital adjustments to eligibility standards:

An individual who’s, or has been, within the service of presidency shall not be appointed-

(a) A former authorities official can’t be appointed as a chairperson until such particular person has held the publish of secretary at centre or any equal publish within the central or the state authorities; or

(b) as a member until such particular person has held the publish of further secretary at centre or any equal publish within the central or the state authorities.

Additionally, the invoice proposes to increase eligibility to people exterior authorities service:

(a) as a chairperson if such particular person has at the least 30 years {of professional} expertise and has served as a member of the board of administrators or a chief government of an organization within the areas as specified on this part; or

(b) as a member if such particular person has at the least 25 years {of professional} expertise and has served as a member of the board of administrators or chief government of an organization within the areas as specified on this part.

Telecommunications Bill 2023

The proposed invoice goals to revoke the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. This is as a result of “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 providers, networks, and possession of radio gear.

Spectrum Management:

• Addresses the project and environment friendly utilisation of spectrum, together with provisions for harmonisation and re-farming.

• Encourages the event of latest applied sciences and gives a regulatory sandbox for innovation utilizing spectrum.

Telecom Network Development:

• Establishes a framework for growing and sustaining telecom networks.

• Includes provisions for proper of method and the institution of widespread ducts.

Standards and Conformity:

• Defines a framework for requirements and conformity evaluation of telecommunication gear, identifiers, networks, and providers.

National Security and Public Safety:

• Incorporates provisions for nationwide safety, public emergency, and public security inside the telecommunication area.

User Protection:

• Provides safeguards for customers and clearly defines their rights.

Dispute Resolution:

• Establishes a framework for the decision of disputes associated to telecommunication providers.

Compliance Framework:

• Defines a compliance framework for efficient implementation of the proposed laws.

Integration with Existing Legislation:

• Preserves Part III of the Indian Telegraph Act, 1885, particularly for circumstances associated to laying transmission traces beneath part 164 of the Electricity Act, 2003.