Government issues draft regulations for adjudication and appeals under the Telecommunications Act

The adjudicating officer appointed by the government can take action against a person, suo moto or on complaint, for violating the terms of the authorisation or the assignment mechanism. The officer has been authorised to send a notice to such a person and based on the response, action will be taken. The rules are part of the draft rules for adjudication and appeals notified under the Telecommunications Act. The rules will come into force after 30 days.

The government has also notified the rules of a mechanism by which any entity can voluntarily disclose any violations of the rules that it may have committed and what measures it has taken or intends to take to mitigate such violations. In the event that the adjudicating officer accepts the voluntary undertaking, no action will be taken in relation to non-compliance.

Any entity may submit a voluntary commitment, even after the adjudicating officer has initiated an investigation.

However, if the entity or assignee fails to comply with the terms of the voluntary undertaking entered into by the adjudicating officer, action can be taken. As per the draft rules, any person aggrieved by the order of the adjudicating officer can appeal to the designated appeal board within 30 days, along with a copy of the order against which he is appealing. The appeal must be filed with a fee of Rs 10,000.

“The decision of the designated appeal committee should be in writing and contain a brief justification for the decision,” the draft regulations state.

In case of intentional giving of false statement, punishment will be imposed under Section 229 of Bhartiya Nyaya Sanhita, 2023.

As per the regulations, all amounts received by way of penalties and fees will be transferred to the Consolidated Fund of India.

The Central Government may notify a portal for the digital implementation of these Rules including the provision of facilities for filing complaints, appeals, voluntary undertakings, notices, publication of orders, virtual hearings, etc.

The Government may, if it thinks fit, appoint one or more adjudicating officers. They must be employees of the Central Government, and each officer shall have his own secretariat to assist in his functioning.

In addition to the adjudicating officers, there will be an appellate committee to which central government employees will be appointed as members. Like the adjudicating officers, each committee will have a secretariat to assist in its functioning.

Under the draft regulations, the adjudicating officer should normally complete the investigation within 90 calendar days from the date of issuance of the notice. In some cases, this period can be extended to 120 days.

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