Telecommunications Act 2023 · Schedules

Language: हिंदी

Act Schedule 1 · First Schedule

Act Schedule 1

THE FIRST SCHEDULE

[See sections 4 (4), (5) and 57(1)]

ASSIGNMENT OF SPECTRUM THROUGH ADMINISTRATIVE PROCESS

1. National security and defence.

2. Law enforcement and crime prevention.

3. Public broadcasting services.

4. Disaster management, safeguarding life and property.

5. Promoting scientific research, resource development, and exploration.

6. Safety and operation of roads, railways, metro, regional rail, inland waterways, airports, ports, pipelines, shipping, and other transport systems.

7. Conservation of natural resources and wildlife.

8. Meteorological department and weather forecasting.

9. Internationally recognised dedicated bands for amateur stations, navigation, telemetry, and other like usages.

10. Use by Central Government, State Governments, or their entities or other authorised entities for safety and operations of mines, ports and oil exploration and such other activities where the use of spectrum is primarily for supporting the safety and operations.

11. Public Mobile Radio Trunking Services.

12. Radio backhaul for telecommunication services.

Explanation.—The term "radio backhaul" shall mean the use of radio frequency only to interconnect telecommunication equipment, other than the customer equipment in telecommunication networks.

13. Community Radio Stations.

14. In-flight and maritime connectivity.

15. Space research and application, launch vehicle operations and ground station for satellite control.

16. Certain satellite-based services such as: Teleports, Television channels, Direct To Home, Headend In The Sky, Digital Satellite News Gathering, Very Small Aperture Terminal, Global Mobile Personal Communication by Satellites, National Long Distance, International Long Distance, Mobile Satellite Service in L and S bands.

17. Use by Central Government, State Governments or their authorised agencies for telecommunication services.

18. Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL).

19. Testing, trial, experimental, demonstration purposes for enabling implementation of new technologies, including for creation of one or more Regulatory Sandboxes.

Telecommunications Act, 2023 — original Gazette · 24 December 2023 · Source PDF pages: 24

Act Schedule 2 · Second Schedule

Act Schedule 2

THE SECOND SCHEDULE

[See sections 32(1) (a) and 34 (8)]

CIVIL PENALTIES FOR BREACH OF TERMS AND CONDITIONS UNDER SECTIONS 32 AND 34.

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Second Schedule — civil penalties for breach of terms and conditions
Categorisation Civil Penalty
Severe Up to Rs. 5 Crore
Major Up to Rs. 1 Crore
Moderate Up to Rs. 10 lakh
Minor Up to Rs. 1 lakh
Non-severe Written warning.

Telecommunications Act, 2023 — original Gazette · 24 December 2023 · Source PDF pages: 25

Act Schedule 3 · Third Schedule

Act Schedule 3

THE THIRD SCHEDULE

[See sections 33(1), (2), 34(1), (3), (5) and 34(8)]

CIVIL PENALTIES FOR CERTAIN CONTRAVENTIONS

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Third Schedule — civil penalties for certain contraventions
Sl. No. Contravention under the Act Civil Penalty
1 (a) Possessing radio equipment without an authorisation or an exemption, except for the offence under clauses (d) and (f) of sub-section (3) of section 42; (b) Use of subscriber identity modules in excess of number notified. First Offence: Civil penalty up to fifty thousand rupees. Each subsequent offence: Civil penalty up to two lakh rupees for each such instance.
2 Use by any person or entity of a telecommunication service or telecommunication network knowing or having reason to believe that such telecommunication service or telecommunication network does not have the required authorisation under this Act. Civil penalty up to ten lakh rupees.
3 Contravention of the provisions of section 28 (Measures for protection of users). First Offence: Civil penalty up to fifty thousand rupees. Each subsequent offence: Civil penalty up to two lakh rupees for each such instance, or suspension of telecommunication service, or a combination thereof.
4 Contravention of any provision of this Act or rules, or any terms or conditions of an assignment or authorisation in relation to any matter under this Act, for which no penalty or punishment is provided elsewhere in this Act. First Offence: Civil penalty up to twenty-five thousand rupees. Second or subsequent offence: Further Civil penalty up to fifty thousand rupees for every day after the first during which the contravention continues.

Telecommunications Act, 2023 — original Gazette · 24 December 2023 · Source PDF pages: 26