Understand telecommunications

Authorisation and rights of way

Edition note: the English section 11(4) says 'reasonable grounds', while the Hindi Gazette published on 16 June 2025 (printed page 423) says 'वित्तीय आधार'. The reference readers preserve each source's wording. This guide's explanation and quiz follow the English wording; the Hindi explanation is educational, not a replacement statutory translation. Consult both official editions before relying on this provision.

Section 3(1) requires Central Government authorisation for the listed telecom activities, subject to prescribed terms. Section 3(6)(a) allows an earlier licence with a definite validity period to continue for its specified duration and terms, or migrate as prescribed. The pinned notices commence sections 3(1) and 3(6) on 23 June 2026 and section 3(7) on 21 August 2026; they do not establish commencement of every other subsection.

Sections 11 and 12 distinguish public property from other property. Section 11(4) requires reasonable grounds recorded in writing when rejecting a public-property application. Section 12(2) provides for an agreement with the person controlling other property; subsection (6) separately permits a government public-interest determination on prescribed terms. Applying alone does not automatically permit entry onto private property.

Network installation permission does not remove damage-related duties. Section 11(6) provides restoration or mutually agreed compensation at the public entity's option. Section 12(4) requires restoration of other property, with agreed compensation if restoration fails. Read applicable rules, property category and actual permission before relying on a procedure. Banaka does not grant authorisations or submit right-of-way applications.

• Section 3
• Section 11
• Section 12

Unwanted messages and service grievances

Section 28 distinguishes measures against specified promotional messages from an ordinary service grievance. Its definition includes messages offering or promoting goods, services, property interests, business, employment or investment opportunities, whether the offer is real or lawful. A misleading offer does not fall outside the definition merely because it is false.

Section 28(2) enables rules on prior consent, Do Not Disturb registers and reporting mechanisms, in consonance with TRAI regulations. It is not a promise that every unwanted message is automatically blocked. Section 28(3) separately requires a service provider's online grievance mechanism in the prescribed manner. For example, a billing dispute and an unsolicited investment promotion may need different reporting channels; retain the relevant bill or message rather than posting personal account details publicly.

Section 30 allows the Government to establish or approve online dispute-resolution mechanisms. It does not itself identify a single filing portal or guarantee an outcome. Section 30(3) expressly preserves consumers' rights under the Consumer Protection Act, 2019. Banaka explains these provisions and does not collect or submit a telecom complaint for you.

• Section 28
• Section 30

Identity checks and user duties

Section 29 prohibits false particulars, suppression of material information and impersonation when establishing identity to obtain telecom services. It also prohibits failure to share information required under the Act. For example, using another person's identity to obtain a connection is different from an innocent spelling error that needs correction; this guide does not decide liability in a particular case.

The words 'required under this Act' matter. Section 29 is not an instruction to disclose an OTP, password or unrelated financial data to any caller claiming to be an official. Verify the organisation and the legal basis through its genuine channels. Read the actual section and applicable rules rather than treating a caller's claim as proof.

• Section 29