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Application Before TRAI
The Honorable R.S. Sharma Dated: 2nd April 2017
Chairman, TRAI
Mahanagar Doorsanchar Bhawan
Jawaharlal Nehru Marg
New Delhi: 110 002
Sir,
Triffalo is one of the leading service providers of this country since the past
15 years. Our license was approved after conflicts and long deliberations.
But today, more than 2 crore citizens use our service provider. Even after
achieving so much in just a span of 15 years and striving so hard to provide
better services to our customers, Our repeated attempts at License
Renewal of our service provider have failed.
Our license duration was from March 2002- March 2017. Since January
2017, we’ve been repeatedly attempting to renew our license, but have
been declined. After contacting the grievance desk, no answers were
provided stating the reasons for rejection of our license renewal. Different
vague reasons like, its in process, the process is lengthy etc. have been
given to us by the employees at TRAI.
The license renewal is not only hampering the goodwill we have in the
market but also is acting as a hurdle in our upgradation of technologies as
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the spectrum and other machine upgradation require license certificate.
Our customers are declining day by day due to the uncertainty of renewal
of our license.
Also, this time being the end of the year, we’ve occured huge losses due to
the delay in renewal of our license as service provider and also it being the
busiest time of the year due to all the financial statements and other charts
being prepared.
Kindly look into the matter and provide us with an immediate reply
regarding the renewal of our license.
With Regards,
Purshottam Ohri
(Chairman)
Triffalo Enterprises
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Research Paper on TRAI
#Introduction
The Telecom Regulatory Authority of India (TRAI) is the regulator of the
telecommunications sector in India.
The entry of private service providers brought with it the inevitable need
for independent regulation. The Telecom Regulatory Authority of India
(TRAI) was, thus, established with effect from 20th February 1997 by an
Act of Parliament, called the Telecom Regulatory Authority of India Act,
1997, to regulate telecom services, including fixation/revision of tariffs for
telecom services which were earlier vested in the Central Government.
TRAI's mission is to create and nurture conditions for growth of
telecommunications in the country in a manner and at a pace which will
enable India to play a leading role in emerging global information society.
One of the main objectives of TRAI is to provide a fair and transparent
policy environment which promotes a level playing field and facilitates
fair competition.
In pursuance of above objective TRAI has issued from time to time a large
number of regulations, orders and directives to deal with issues coming
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before it and provided the required direction to the evolution of Indian
telecom market from a Government owned monopoly to a multi operator
multi service open competitive market.
The directions, orders and regulations issued cover a wide range of
subjects including tariff, interconnection and quality of service as well as
governance of the Authority.
The TRAI Act was amended by an ordinance, effective from 24 January
2000, establishing a Telecommunications Dispute Settlement and
Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes
functions from TRAI. TDSAT was set up to adjudicate any dispute between
a licensor and a licensee, between two or more service providers, between
a service provider and a group of consumers, and to hear and dispose of
appeals against any direction, decision or order of TRAI.
TRAI's mission is to create and nurture conditions for growth of
telecommunications in India to enable the country to have a leading role
in the emerging global information society.
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#Functionality
The major functions of the Authority related to-
(a) Make recommendations, either suo motu or on a request from the
licensor, on the following matters, namely:-
i. need and timing for introduction of new service provider;
ii. terms and conditions of license to a service provider;
iii. revocation of license for non-compliance of terms and conditions of
license:
iv. measures to facilitate competition and promote efficiency in the
operation of telecommunication services so as to facilitate growth in such
services.
v. technological improvements in the services provided by the service
providers.
vi. type of equipment to be used by the service providers after inspection of
equipment used in the network.
vii. measures for the development of telecommunication technology and
any other matter relatable to telecommunication industry in general;
viii. efficient management of available spectrum;
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(b) Discharge the following functions, namely:-
i. ensure compliance of terms and conditions of license;
ii. Fix the terms and conditions of inter-connectivity between the service
providers;
iii. Ensure technical compatibility and effective inter-connection between
different service providers.
iv. Regulate arrangement amongst service providers of sharing their
revenue derived from providing telecommunication services;
v. lay down the standards of quality of service to be provided by the
service providers and ensure the quality of service and conduct the
periodical survey of such service provided by the service providers so as to
protect interest of the consumers of telecommunication services;
vi. Lay down and ensure the time period for providing local and long
distance circuits of telecommunication between different service
providers;
vii. Ensure effective compliance of universal service obligations:
(c) Levy fees and other charges at such rates and in respect of such
services as may be determined by regulations.
(d) Perform such other functions including such administrative and
financial functions as may be entrusted to it by the Central Government or
as may be necessary to carry out the provisions of the Act.
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#Constitution
* TRAI establishment act
Central Government of India appoints a Chairperson and maximum six
other members in Telecommunication Regulatory Authority of India. The
Chairperson must have worked as Supreme Court Judge or Chief Justice of
a High Court. The TRAI members should have professional knowledge in
telecommunication industry, finance, law, accountancy, and
management.
Any person with working experience for minimum 3 years as Secretary or
additional Secretary or any equivalent post in the Central or State
Governments in India are also eligible for posts of TRAI Chairperson and
Members. TRAI authority can appoint officers and other employees as and
when required for efficient functions of the authority.
The TRAI Act was amended by an ordinance, effective from 24 January
2000, establishing a Telecommunications Dispute Settlement and
Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes
functions from TRAI. TDSAT was set up to adjudicate any dispute between
a licensor and a licensee, between two or more service providers, between
a service provider and a group of consumers, and to hear and dispose of
appeals against any direction, decision or order of TRAI.
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#Dispute Mechanism
Since there are now several Service Providers providing each of these
various services across the country in each Sector it is necessary to
regulate and provide uniform and effective guiding principles that would
minimize customer grievances and ensure satisfactory provision of
Telecom Services by the Service Providers. The Parliament has,
accordingly provided for certain measures in the TRAI Act, 1997 to address
these issues and to xxxii protect consumer interest, the highlights of which
are extracted :
A. TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997
1. Preamble
2. Section 11
3. Section 14 "Establishment of Appellate Tribunal.”
4. Section 14A (1) and (2) and (3) "Application for settlement of disputes and
appeals to Appellate Tribunal”
5. Section 15 "Civil court not to have jurisdiction”
6. Section 18 "Appeal to Supreme Court”
B. CONSUMER PROTECTION ACT, 1986
1. Preamble
2. Section 2
3. Section 3 "Act not in derogation of any other law”
4. Section 12 "Manner in which complaint shall be made”
5. Section 13 "Procedure on admission of complaint”
6. Section 14 "Findings of the District Forum”
7. Section 15 and 19: Appeal
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#Legal Framework
“Telecommunications” falls under the legislative competence of the Union
and not the States. Consequently the Legal framework governing
Telecommunication Sector is within the control of the Union Government
and the Parliament. This Legal Framework is provided by:
I. The Indian Telegraph Act 1885 and the rules made there under.
II. The Wireless Telegraphy Act 1933 and the rules made there under.
III. The Telegraph Wires (Unlawful Possession) Act 1950, and the rules
made there under.
IV. The Cable Television Network (Regulation) Act 1996, the rules made
there under.
V. The Telecom Regulatory Authority of India Act 1997 the rules made
there under.
Telecommunications is an infrastructure in which rapid technological
advance has been occurring and the risk of obsolescence is comparatively
higher than any other infrastructure sectors. In this sector the facility is
never really achieved because the network established has to be either
constantly expanded or constantly upgraded to provide latest services
possible.
One point of view can be that the legal framework regulating this sector
lags behind in the regulation of the technology and services actually
available in the sector. It can be stated that one of the lacuna of the
relevant legal framework is that it attempts to deal with specialized form
of telecommunication services under a single umbrella legislation. (For
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example: The Indian Telegraph Act, 1885). Such features of the
Telecommunication Sector raise certain issues like financing of its projects
and more importantly nature of the legal and contractual framework
required to regulate the sector.
Over the years of implementation of Legal Framework,
Telecommunication Regulatory Authority of India is the only body that
has gained reputation of an independent, competent and assertive
regulator performing its recommendatory and regulatory functions in an
impartial manner.
The Telecom Regulatory Authority Of India Act 1997
The genesis of the Telecommunication Regulatory Authority of India
(TRAI) lies in the bidding process for the grant of cellular licenses and the
litigation that followed the grant of the first set of cellular licenses under
the Telecom Policy of 1994.
In the litigation that followed the award of the licenses, one of the grounds
of challenge of the Telecom Policy 1944 was that, the policy neither
provided for the creation of separate telecom regulatory authority, nor
did it provide for the delegation of power by the Central Government to
such an authority to supervise the functioning of Telecom Policy of 1944.
The Apex Court strongly emphasized that:
The existence of a Telecom Regulatory Authority with the appropriate
powers is essential for introduction of plurality in the telecom sector…..
The National Telecom Policy is a historic departure from practice followed
during the last century….The Central Government and the Telecom
regulatory Authority should not behave as sleeping trustees but have to
function as active trustees for public good.
In the light of what was laid down by the Supreme Court, it was quite
ironical that the first major dispute, entered into by TRAI, was between
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itself and The Central Government. In Union of India v Telecom Regulatory
Authority of India it was clearly held by the High Court of Delhi that the
question of grant or amendment of a license by the Central Government
acting in its capacity as the licensor falls outside the jurisdiction of the
powers of TRAI.
The TRAI Act which was amended and passed in 2000 and the framework
relating to the TRAI currently in force have been analyzed subsequently.
Legal Framework Of Trai Act (Amended) 2000
According to the TRAI act amended in 2000, the functions of the original
TRAI have now been divided between two separate bodies namely:
i. The Telecom Regulatory Authority of India (TRAI)
ii. The Telecom Disputes Settlement and Appellate Tribunal
The Recommendatory and Regulatory functions are vested with the TRAI
while dispute settlement functions are handled by the Appellate Tribunal.
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