Important Institution
Telecom Regulatory Authority of India (TRAI)
- 12 Aug 2021
- 8 min read
Introduction
- Legal Backing: The Telecom Regulatory Authority of India (TRAI) was established on 20th 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.