Balancing innovation and regulation for a connected future

The confluence of communication and connectivity has transformed how people access, share, and experience information through innovation. The achievement of unprecedented speed, reach, and intelligence in communication networks has led to complex governance challenges, necessitating sophisticated regulatory frameworks. The far-reaching impact and advancements across industries demand dynamic governance that fosters an efficient world with coherent laws and regulations. These must ensure technological understanding, a well-ordered and secure digital environment, coordinated collaboration, ethical usage, and sustainable viability.

Governments around the world are updating regulations to support the evolution of digital infrastructure. Policies surrounding spectrum allocation, net neutrality, and privacy protections will play a crucial role in determining how telecom and broadcasting networks evolve, especially as emerging technologies like 6G, edge computing, and satellite networks become more prevalent. With the rise of digital infrastructure, there is a growing emphasis on securing communication networks and safeguarding data flows.

Policies on spectrum allocation, net neutrality, and privacy protections will be crucial in determining how telecom and broadcasting networks evolve.

While technological advancements have gained unprecedented speed in the last two decades, it is important to note that this acceleration continues to intensify. This means that regulators are tasked not only with understanding and addressing the implications of current technological developments but also with anticipating and preparing for future challenges. Key areas requiring immediate attention include 6G, edge computing, network slicing, inter-satellite links (ISL), interactive and immersive media, small cell networks, decentralised networks, quantum cryptography and networks, and green and sustainable technologies.

Emerging Technologies

Driving Transformation

Although still in its early stages, 6G is expected to deliver significantly higher speeds, improved spectrum management, and advanced use cases such as holographic communications, real-time AI-powered analytics, and immersive experiences like AR/VR at scale. These advancements open up opportunities for IoT, smart cities, autonomous vehicles, and more.

The introduction of Wi-Fi 6 and 6E, operating in the 6 GHz spectrum, is set to enhance wireless broadband in homes, offices, and public spaces by providing faster speeds, lower latency, and improved performance in dense environments. Edge computing brings computational power closer to where data is generated—like IoT devices and remote locations—reducing latency and bandwidth consumption. This capability is critical for real-time data processing in healthcare, manufacturing, and transportation industries.

New satellite missions are prioritising sustainability by designing satellites to deorbit at the end of their lifecycle, thereby reducing space debris and enhancing the long-term viability of the space ecosystem. The rise of Low-Earth Orbit (LEO) satellite constellations, such as SpaceX’s Starlink and Amazon’s Kuiper Project, is transforming broadband Internet connectivity, particularly in remote or underserved areas. These satellites provide low-latency, high-speed broadband, opening new possibilities for global Internet coverage and communications in rural or disaster-affected areas.

Governance Challenges and Solutions

While substantial, the scope of these efforts remains limited compared to the enormity of what is being attempted. From a regulatory perspective, the gap is significant and demands a more robust and proactive governance approach. This governance must comprehend the complexities of these technologies and establish a regulatory framework that evolves alongside industry needs. Policymakers are making visible efforts to address immediate concerns by introducing regulatory measures and updates to bridge gaps in technology governance and ensure alignment with the rapidly changing digital landscape.

Regulators must not only understand and address the challenges of current technological developments but also anticipate and prepare for future needs.

On 15 March 2024, the Ministry of Electronics and Information Technology (MeitY) issued advisories refining its earlier stance on AI governance. These include mandatory labelling of content generated by under-tested or unreliable AI tools, establishing express user consent mechanisms to acknowledge the fallibility of AI outputs, and shifting away from requiring prior government approval to deploy such tools. However, clarity on testing standards and applicable platforms remains limited.

Additionally, CERT-In has enforced stricter rules to enhance data protection protocols acros

s critical sectors, mandating organisations to report cybersecurity incidents within six hours. These measures reflect India’s gradual progression toward a robust framework for technology governance. However, gaps persist, particularly in defining standards and enforcement mechanisms for emerging technologies.

Policies Shaping the Future

The Telecommunications Act, 2023, replaces colonial-era laws and updates the framework for telecommunication services in India. Key provisions include a streamlined Right of Way (RoW) process simplifying permissions for installing telecom infrastructure on private and public properties. The Act also strengthens measures to counter unsolicited communications by introducing consent-based mechanisms and expands the scope of the Universal Service Obligation Fund to support R&D in telecom, regulatory sandboxes, and innovation through pilot projects with relaxed regulatory requirements. Additionally, it extends its applicability to offences involving Indian telecom infrastructure, even outside India.

In parallel, the National Frequency Allocation Plan (NFAP) governs the spectrum allocation for various services, such as mobile networks and satellite communications, ensuring the optimal spectrum utilisation to support emerging technologies.

The Indian Space Policy (ISP) 2023 is a landmark framework designed to accelerate India’s space ambitions by enabling private sector participation, fostering innovation, and strengthening regulatory mechanisms. It defines clear roles for key stakeholders and emphasises streamlined authorisation for private entities to undertake satellite launches, manage ground systems, and disseminate data.

Through IN-SPACe’s single-window system, authorisations are expected to be granted within 75–120 days, provided entities comply with security, financial, and technical benchmarks. The policy aims to democratise access to space technologies while ensuring security, financial accountability, and environmental compliance. By opening the sector to private players and promoting public-private collaboration, ISP 2023 positions India as a significant player in the global space economy.

Draft legislation, such as the Human Spaceflight Policy, which provides a framework for Indian human spaceflight programmes, and the Satellite Navigation Policy, which aims to regulate satellite-based navigation and its interfaces, is in progress. The industry expects these policies to address broader issues, including space data processing, insurance, and intellectual property rights.

As communication and connectivity converge, they are not merely reshaping industries but also redefining how humanity interacts, learns, and progresses. The fusion of technologies and advancements promises to overcome barriers of time, space, and accessibility, fostering a truly globalised and inclusive digital ecosystem.

To govern these transformations effectively, it is essential to craft agile, forward-thinking regulatory frameworks that protect societal interests while nurturing innovation. By striking this delicate balance, the country can ensure that the next wave of connectivity-driven transformation accelerates growth equitably, sustainably, and securely, leaving no one behind in the journey toward a hyper-connected future.

By Gaurav Sahay

The author is the Practice Head for Technology and General Corporate at Fox Mandal & Associates LLP.

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