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Draft telecom bill will curtail TRAI's power, needs critical review: BIF
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IANS | 23 Sep, 2022
The Broadband India Forum (BIF) on Friday said the draft Indian
Telecommunications Bill 2022 requires a critical and balanced review, as
it aims to take away the statutory independence of the Telecom
Regulatory Authority of India (TRAI), seeking to make it subservient to
the government.
Broadband India Forum (BIF) said in a
statement that the draft bill proposes to remove "non-obstante provision
and provisos to Section 11(1) of the TRAI Act".
The industry
body claimed that the existing provisions pertain to regulatory
safeguards and maker and checker balance, which have been instrumental
in bringing the sector to where it is today.
By curtailing the
powers of the TRAI, the authority will be reduced to one with extremely
limited role and powers, the BIF added.
"Some of the provisions
of the draft Indian Telecommunications Bill 2022 unfortunately appear to
be prohibitive rather than facilitating/enabling for the larger digital
ecosystem in the country," BIF President T.V. Ramachandran said.
"The
provisions seem to take us back to the pre-1997 era by diluting the
powers of the Regulator viz. Section 11(1) of TRAI Act. This could lead
to damage of investor confidence and undermining of the independence of
the Regulatory Authority, owing to deletion of provisions which enable
proper checks and balances," he elaborated.
Toughening its stand
against video communication and calling apps like Facebook, WhatsApp,
Zoom and Google Duo, the Centre has also proposed to bring OTT
Communication Services (app-based) under the ambit of telecom licence.
The BIF said that the importance of these services in the socio-economic growth of the country cannot be undermined.
"They
are the backbone of the digital economy and by including such services
as telecommunication services and subjecting them to licensing, it could
stifle the entire socio-economic ecosystem, kill innovation and stymie
the GDP growth," the telecom industry body said.
In one of the
key proposals, the draft Indian Telecommunication Bill 2022 seeks to
waive off fees and penalty of telecom and internet service providers.
The
draft bill says that the Centre may "waive off in part or full any fee,
including entry fees, license fees, registration fees or any other fees
or charges, interest, additional charges or penalty" for any licence
holder or registered entity under the telecom rules.
IT Minister Ashwini Vaishnaw has sought public comments on the draft bill and the last date is October 20.
Other industry bodies hailed the draft telecom bill.
The
Digital Infrastructure Providers Association (DIPA) welcomed the draft
bill, saying it will act as the bedrock for next-generation
transformations and contribute towards the 'Infrastructure 4.0'
revolution which is expected to kick-off with the launch of 5G networks
in the country.
"This new bill is going to revolutionise the
telecom sector by addressing many issues, most important among those
being Right of Way for Telecommunication Infrastructure. It intends to
remove the ambiguities prevailing for a long time by establishing that
telecom is the central subject," DIPA DG T.R. Dua said.
The draft
bill addresses the long-standing issue of illegal property tax on
telecom towers, clarifying that telecommunication infrastructure is
distinct from property on which it is installed.
Cellular
Operators' Association of India (COAI) DG, Lt Gen Dr S.P. Kochhar (retd)
said that the draft bill is "another milestone step to develop a
modern and future-ready legal framework in telecommunication".
"We are studying the newly-drafted bill and will share our comments with the government in due course of time," he said.
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