The Ministry of Communications, on July 18, 2024, notified the draft Telecommunications (Adjudication and Appeal) Rules, 2024.
The following has been stated-
•When there is a breach of terms and conditions of an authorisation (like a telecom license) or an assignment of radio frequency, or there are contraventions such as a person having more SIMs than notified, or possessing radio equipment without an authorisation or exemption, or sending spam, the AO (not below the rank of a joint secretary) can hold inquiries and pass orders.
•AOs, not below the rank of joint secretary, can issue show cause notices for breaches, giving at least 15 days for response. For contraventions, AOs can act suo motu or on complaints.
•Complainants must pay a ₹5,000 fee and provide government-issued ID and evidence. Without these, complaints will not be considered.
•The inquiry process, including the final order, should “normally” conclude within 90 days of the show cause notice, with a maximum extension to 120 days.
•AOs can accept, reject or modify voluntary undertakings from authorised entities or assignees. Aggrieved parties can appeal to the DAC, whose members must be at least additional secretary rank, within 30 days of the AO’s order. The appeal fee is ₹10,000.
•The Act mandates digital-by-design processes for AOs and DACs, allowing “techno-legal measures” for online functioning. The draft rules empower the central government to notify a digital portal to implement these processes.
The objection or suggestion may be received from any person to the said draft rules before the expiry of thirty days from publication date.
[Notification No. G.S.R. 415(E)]
