The provision to allocate spectrum through the administrative route has been made because of technical reasons and is in line with a Supreme Court order, Telecom Minister Ashwini Vaishnaw said Wednesday in Lok Sabha as it passed the Telecommunications Bill by voice vote. The Bill, which is meant to replace the colonial-era Indian Telegraph Act, allows the government to temporarily take control of telecom services in the interest of national security.
Most of the Opposition was absent during the debate with two more MPS suspended during the day taking the total suspensions in Lok Sabha to 97.
“The issue of spectrum allocation has come up. In this Bill, the provision for spectrum allocation is in line with the orders of the Supreme Court bench. Across the world satellite spectrum has been allocated administratively. Nowhere has it been auctioned. Even the SC bench had said that if it must be allocated administratively for technical reasons, it can be,” Vaishnaw said.
Objections have been raised by the Opposition to the Bill providing for satellite spectrum allocation through administrative route rather than auction, a point that was raised in 2012 during the 2G spectrum allocation case. This issue was also raised in the House by BJD’s Bhartruhari Mahtab.
“The technical reasons given in this Bill are clearly and narrowly defined. There will be no discretion towards anyone. For example, police, forests department get it today and will get it tomorrow. Similarly, public utilities such as power grid, metro and railways get it in public interest. Wherever there is a technical reason which makes auction unviable, the administrative route will be taken,” Vaishnaw said.
He also took potshots at the Opposition’s absence. “If the Opposition participated in this debate it would be beneficial. But they are people who run scared, who show their backs. Nothing can be expected from such people,” he said.
Elaborating on the provisions of the Bill, Vaishnaw said: “This Bill has strict provisions to ensure sim cards are not issued without KYC and misused for making fraudulent calls. We have brought right of way reform through this Bill which was long pending. Third is the licence reform which has whittled down the requirements to just one licence from over 100. Then there is spectrum reform which was not there in 1885. A four-tier dispute resolution mechanism has also been provided in the Bill. Cybersecurity has been given a legal shape. Interception will happen with adequate checks and balances.”
Participating in the debate, BJD’s Mahtab expressed a few reservations about the Bill.
“When the Telecom policy was being framed in the late 90s and the early 2000s, there was resistance to entry of private players on the ground of national security. It is a term that comes repeatedly in this Bill too. The question is when I am communicating with someone, how much can the state interfere. It needs to be answered in a civilised society. The Bill empowers the government to take temporary possession of the network. There has been debate over internet suspension during violence. Will TRAI become a rubber stamp as this Bill dilutes regulatory powers? This Bill allows the government to intercept messages in times of emergency. How far is this going to go and under what level it will be decided?” he said.
YSRCP’s Sanjeev Singari said, “This is like cleansing of British residue which is essential for modern India. Interception of communication is very much essential for national security but at the same time privacy of citizens should also be taken care of. He said social media was fuelling crime which must be tackled. Rural digital divide should be taken care of on priority basis. Urgent regulatory action should be taken on Chinese loan apps.”
BJP’s Jayant Sinha said that the Bill simplifies the telecom law and paves the way for faster growth in the sector.
“Telecom sector contribution to GDP is 9% and it employs 40 crore people. It is a huge sector. Dropped calls used to be a huge problem 10 years ago BSNL was known as Bhai Saahab nahi Laga. All that is over now. Average internet speed used to be 1.3 MBPS, now the minimum speed is 40 MBPS. Reliability of UPI services is because of the good connectivity provided,” he said.
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