Telecommunications Act 2023 and Authorisation Rules 2026 Explained

Context

The Government has notified the Telecommunications (Authorisation) Rules, 2026, operationalising the Telecommunications Act, 2023 through a new authorisation-based regulatory framework.

Highlights of the Telecommunications (Authorisation) Rules, 2026

• Authorisation Regime: Replaces the legacy licence-based framework under the Indian Telegraph Act, 1885 with a unified statutory authorisation system for telecom, internet, and long-distance services at the national or telecom circle level.
• Validity: Authorisations are granted for a maximum period of 20 years.
• Statutory Definitions: Introduces legal definitions for key telecom infrastructure and operational terms, including access spectrum, captive non-public networks, cable landing stations, and core telecom networks.
• Requires telecom operators to deploy Artificial Intelligence (AI) and big data analytics for fraud detection and prevention, while complying with data localisation
• Brings satellite networks, earth stations, and Very Small Aperture Terminal (VSAT) services within the authorisation framework; however, separate approvals remain mandatory for spectrum assignment and gateway permissions.
• Clarifies that non-telecom revenues are excluded from the computation of Adjusted Gross Revenue (AGR).
• Designates the Telecom eServices Portal as the official single-window digital platform for processing telecom authorisations.

About Telecommunications Act, 2023

• Modernise India’s telecom regulatory framework by repealing the colonial-era Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and Telegraph Wires (Unlawful Possession) Act, 1950.
• Provides for administrative allocation of spectrum for specified satellite communication services, instead of auction.
• Establishes a uniform, non-discriminatory Right of Way framework for telecom infrastructure.
• Empowers the Government to prescribe identity verification mechanisms, including biometric verification, for telecom subscribers.
• Civil Penalty Framework
  • Introduces a civil penalty mechanism adjudicated by designated authorities.
  • Appeals lie before the Designated Appeals Committee and subsequently the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

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