Telecom Regulatory Authority of India (TRAI)

• 12 Aug 2021

Introduction

• Legal Backing: The Telecom Regulatory Authority of India (TRAI) was established on 20^th February, 1997 by the Telecom Regulatory Authority of India Act, 1997.
• Objectives of TRAI:
  
  • TRAI's mission is to create and nurture conditions for growth of telecommunications in the country.
  • TRAI regulates telecom services including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government.
  • It also aims to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.
• Headquarters: The head office of the Telecom Regulatory Authority of India (TRAI) is located at New Delhi.

Composition of TRAI

• Members: The TRAI consists of a Chairperson, two whole-time members and two part-time members, all of which are appointed by the Government of India.
• Tenure of Members: The Chairperson and other members shall hold their office for a term of three years or till the age of 65 years, whichever is earlier.
• Chairperson: The Chairperson has the powers of general superintendence.
  
  • He/She presides over the meetings of the TRAI.
• Vice-Chairperson: The Central Government may appoint one of the members of the Authority as the Vice-Chairperson of TRAI.
  
  • The vice-chairperson exercises and discharges the powers and functions of the Chairperson in his/her absence.
• Removal of Members: The Central Government is empowered to remove any member of the TRAI, if he/she:
  
  • has been adjudged an insolvent
  • has been convicted of an offence which involves moral turpitude
  • has become physically or mentally incapable of acting as a member
  • has abused his/her position; rendering his/her continuance in office prejudicial to the public interest.
• TRAI Meetings:
  
  • The Chairperson has the power of organising the meetings at times. He/She presides over the meetings.
  • In the absence of the chairperson, the vice-chairperson presides over the meetings.
  • In the absence of a vice-chairperson, any member can be chosen from the authority to preside over the meeting.
  • The decisions in the meetings are taken by the majority vote of the members present.
    
    • In the event of an equality of votes, the Chairperson (or the member presiding the meeting) gives a second or casting vote.

Functions of TRAI

• Makes Recommendations: The function of the TRAI is to make recommendations on the following matters:
  
  • Need for introduction of new service provider.
  • Revocation of license for non-compliance of terms and conditions of licence.
  • Measures to facilitate competition and promote efficiency in the operation of telecommunication services to facilitate their growth.
  • Technological improvements in the services provided by the service providers.
• Discharge of Responsibilities: The TRAI is responsible for discharging the following functions:
  
  • Ensuring the compliance of terms and conditions of licence.
  • Ensuring the technical compatibility and effective interconnection between different service providers.
  • Laying down the standards of quality of service to be provided by the service providers.
  • Ensuring the quality of service and conducting the periodical surveys of such services.
  • Timely and officially notifying the rates at which the telecommunication services within India and outside India shall be provided under the TRAI Act, 1997.
• Non-Binding Recommendations: The recommendations of the TRAI are not binding upon the Central Government.
  
  • If the Central Government does not accept any recommendation of the TRAI or needs modifications, it refers the recommendation back to the Authority for its reconsideration.
  • The TRAI forwards to the Central Government its recommendation after considering the reference made by that Government within 15 days.

Powers of TRAI

• Order for Furnishing Information: It can call upon any service provider to furnish in writing the information or explanation relating to its affairs as the Authority may require.
• Appointments for Inquiry: The Authority may appoint one or more persons to make an inquiry in relation to the affairs of any service provider.
• Order for Inspection: It is empowered to direct any of its officers or employees to inspect the books of accounts or other documents of any service provider.
• Issue Directions to Service Providers: The Authority shall have the power to issue such directions to service providers as it may consider necessary for proper functioning by service providers.

Telecom Disputes Settlement and Appellate Tribunal

• Amendment in the TRAI Act, 1997: The TRAI Act was amended in 2000 which established a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI.
• Objectives: TDSAT was set up to adjudicate any dispute between:
  
  • A licensor and a licensee
  • Two or more service providers
  • A service provider and a group of consumers
  • It was also established to hear and dispose of appeals against any direction, decision or order of TRAI.
• Composition: The TDSAT consists of a Chairperson and two other members, all to be appointed by the Central Government.
  
  • The selection of members is done by the Central Government in consultation with the Chief Justice of India.
• Eligibility:
  
  • Chairperson: A person shall not be qualified for appointment as the Chairperson unless he/she is or has been, a Judge of the Supreme Court or the Chief Justice of a High Court.
  • Other Members: He/She must have held the post of Secretary to the Government of India or any equivalent post in the Central/State Government.
• Term of office: The Chairperson and the other members of TDSAT shall hold office for a term of maximum three years or seventy years (for Chairperson), whichever is earlier.
  
  • In the case of members other than the Chairperson, the maximum age is sixty-five years.
• Removal of Members: The conditions for removal of any member of the Tribunal are the same as those of the TRAI.
• Jurisdiction of TDSAT: The civil courts do not have jurisdiction to entertain any matter which the TDSAT is empowered to determine.
  
  • An order passed by TDSAT is executable as a decree of civil court; the Tribunal has all the powers of a civil court.
  • It is not bound by the procedure laid down by the Code of Civil Procedure but guided by the principles of natural justice.
    
    • The Tribunal has the powers to regulate its own procedure.
• Penalties: The penalties for the offences that come under the jurisdiction of TDSAT, are the same as those of TRAI.

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