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Brief
The Telecommunications Act, 2023, aims to amend and consolidate the law relating to the development, expansion, and operation of telecommunication services and networks, as well as assignment of spectrum. The Act provides for various provisions, including powers of authorization and assignment, right of way for telecommunication networks, standards, public safety, national security, protection of telecommunication networks, innovation and technology development, protection of users, adjudication of certain contraventions, offenses, miscellaneous provisions, repeal and savings.
Key features of the Act include:
- The establishment of a monitoring and enforcement mechanism to ensure adherence to terms and conditions of spectrum utilization.
- The assignment of spectrum for telecommunication services through auction, except for entries listed in the First Schedule, which shall be assigned through administrative process.
- The provision of non-discriminatory and non-exclusive grant of right of way for telecommunication networks.
- The protection of users' rights and the establishment of a dispute resolution mechanism to redress user grievances.
- The creation of a regulatory sandbox to facilitate innovation and technology development.
The Act also provides for various definitions, including those related to authorized entities, public entities, facility providers, public property, and radio equipment. It aims to promote optimal use of spectrum, protect national security, and ensure public safety while providing for the efficient use of telecommunication networks.
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