|
STRENGTHENING
OF REGULATORS
Telecom
Regulatory Authority of India (TRAI)
http://www.trai.gov.in
¨
With the entry of private sector in the provision
of telecommunication services a need was felt to have an
independent regulatory body. The above requirement was indicated
in the guidelines issued for entry of private sector in basic
telecom service. Accordingly, Telecom Regulatory Authority of
India (TRAI) was established in the year 1997 in pursuance of
TRAI (Ordinance) 1997, which was later replaced by an Act of
Parliament, to regulate the telecommunication services. Some of
the major recommendatory, regulatory and tariff setting
functions of TRAI are to make recommendations on the need and
timing for introduction of new service provider, on the terms
and conditions of license to a service provider, ensure
compliance of terms and conditions of license, effective
management of spectrum, 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 service, ensure
effective compliance of Universal Service Obligations, notify
the rates at which telecommunication services within India and
outside India shall be provided under this Act etc.
¨
Recently, in exercise of powers conferred by
proviso (k) to sub-section (1) of Section 2 of the TRAI Act, the
Central Government, vide Notification No. SO 44(E) dated 9th
January, 2004, has notified broadcasting and cable services to
be telecommunication service.
¨
The TRAI (Amendment) Act, 2000 had led to
reconstitution of the Authority. It consists of one Chairperson,
two full-time members and two part-time members. The present
composition of the Authority is as follows:
| Sh. Nripendra Misra |
Chairperson |
|
|
| Sh. A. K. Sawhney |
Member |
|
|
| Sh. R. N. Prabhakar |
Member |
|
|
| Prof. N. Balakrishnan |
Part-time Member |
|
|
| Dr. Rajiv Kumar |
Part-time Member |
|
Subordinate
Legislations of TRAI
Telecom
Dispute Settlement and Appellate
Tribunal (TDSAT)
http://www.tdsat.nic.in
¨
An Appellate Tribunal, known as Telecom Disputes
Settlement and Appellate Tribunal (TDSAT), was established by
the Central Government in May, 2000 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 appeal against any direction,
decision or order of the Telecom Regulatory Authority of India.
The Tribunal, therefore, exercise both original and appellate
jurisdiction.
¨
An appeal has been provided against the final
order of the Appellate Tribunal to the Supreme Court under
Section 18 of the Act. However, there is no appeal against the
interlocutory orders of the Appellate Tribunal to the Supreme
Court.
¨
Section 14-B (1) of the Act, 1997, lays down that
the Appellate Tribunal shall consist of a Chairperson and not
more than two Members to be appointed, by Notification, by
Central Government.
¨
The present composition of TDSAT is as follows:-
¨
Broadly, the issues involved in cases filed before
the Appellate Tribunal relate to interconnection, challenging
the basis of computation of license fee by the licensor,
wrongful levy and charge of royalty and license fee for
frequency allocation, blocking of calls by one group of service
providers, disputes relating to default traffic, challenges to
tariff fixed by TRAI, encashment of bank guarantees, disputes
between broadcasters etc.
|
