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NTP'99 - 7.0 Role of Regulator
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The Telecom Regulatory Authority of India (TRAI) was formed in
January 1997 with a view to provide an effective regulatory
framework and adequate safeguards to ensure fair competition and
protection of consumer interests. The Government is committed to a
strong and independent regulator with comprehensive powers and clear
authority to effectively perform its functions.
Towards this objective the following approach will be adopted:
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Section 13 of the TRAI Act gives
adequate powers to TRAI to issue directions to service
providers. Further, under Section 14 of the Act, the TRAI has
full adjudicatory powers to resolve disputes between service
providers. To ensure a level playing fields, it will be
clarified that the TRAI has the powers to issue directions under
Section 13 to Government (in its role as service provider) and
further to adjudicate under Section 14 of the Act, all disputes
arising between Government (in its role as service provider) and
any other service provider.
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TRAI will be assigned the
arbitration function for resolution of disputes between
Government (in its role as licensor) and any licensee.
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The Government will invariably seek
TRAI’s recommendations on the number and timing of new licences
before taking decision on issue of new licenses in future.
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The functions of licensor and policy
maker would continue to be discharged by Government in its
sovereign capacity. In respect of functions where TRAI has been
assigned a recommendatory role, it would not be statutorily
mandatory for Government to seek TRAI’s recommendations.
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